Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

A sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed to be "unnatural" or immoral. Sodomy typically includes anal sex, oral sex and bestiality. In practice, sodomy laws have rarely been enforced againstheterosexual couples. Read More

Posted on 16 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 22 Mar 2020

Yes, a complaint may be withdrawn by filing a withdrawal application. However, the court will check all facts before allowing it.Read More

Posted on 10 Feb 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 27 Dec 2019

The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of the first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. There is no fixed timeline for such cases to end.Read More

Posted on 07 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

According to sec 384 of IPC, whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. Read More

Posted on 31 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 06 Dec 2019

Yes, the police can arrest any person who is disturbing the public peace and yes, any family person can meet him and settle the same as well. Read More

Posted on 11 Nov 2019 | 1 Answer

Aditi Singh | Legistify

Aditi Singh
Answered on 11 Jul 2019

When a person accused of committing a crime is arrested, he/she has a legal right to file a Bail Application, seeking to be considered for release on bail. Bail is the process of securing the legal release from custody, of an accused charged with certain offences. A person has to execute a bail bond and furnish securities. He has to comply with the bail bond and appear before the police officer or court whenever required to do so. His failure can result in the termination of his bail. He has to submit the form (Form 45) given in the second schedule to the court in which his case is being heard. In case, he has been accused of a non-bailable offence, he can submit a similar form before the Court in which his case is being heard, but it has been left to the discretion of the Court to decide the same. If the Court is satisfied that reasonable grounds exist for detaining such a person, it can refuse the grant of the bail. Under Section 436 any person, other than a person accused of a non-bailable offence, is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before the court and is prepared to give bail, such person shall be released on bail as a matter of right. Under this section, the court cannot exercise any discretion in granting bail. Under Section 437 a court (other than a High Court or a Court of Sessions) or a police officer possesses the power to release an accused on bail in a non-bailable case unless there appear reasonable grounds that the accused has been guilty of an offence punishable with death or with imprisonment for life. Under Section 438 any person who apprehends or has reason to believe that he/she is likely to be arrested on false or trumped-up charges, due to enmity with someone, or in connection with a false case lodged or likely to be lodged against him, may approach a Court of Sessions or High Court for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on Anticipatory bail. Under Section 439 a High Court or a Court of Sessions possesses special powers to direct the release on bail of an accused person. These special powers are entirely discretionary and also apply to the discretionary power of a High Court or Court of Sessions to cancel the bail of an accused person. Legalities are confusing you may be our experts in criminal law in India can help you with their advice.Read More

Posted on 22 Mar 2019 | 2 Answers

Aditya Dua | Legistify

Aditya Dua
Answered on 08 Jul 2019

The consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court has held. You need to prove that there was a consensual relationship between both of them and the same must be mentioned as one of the grounds for the demand of Bail, rest you need to hire an experienced criminal law advocate in India who can represent your case and help you out from the situation you are in.Read More

Posted on 13 Jun 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 26 Jan 2020

There are commonly 3 types of bail in India which a person can apply depending upon the stage of the criminal matter: Regular Bail: A regular bail can be granted to a person who has already been arrested and kept in police custody. A person can file a bail application for regular bail under Section 437 and 439 of the CrPC. Interim Bail: Interim bail is a bail granted for a short period of time. Interim bail is granted to an accused before the hearing for the grant of regular bail or anticipatory bail. Anticipatory Bail: A person who discerns that he may be arrested by the police for a non-bailable offence, can file an application for anticipatory bail. It is like an advance bail obtained under Section 438 of the CrPC. A bail under Section 438 is a bail before the arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the court. Read More

Posted on 18 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

As you have not stated under what kind of an offence your uncle has been held accountable we provide you with general remedy which is available. You can file an appeal in high court or you can file a fresh bail application on fresh grounds in session court under section 437 of the Criminal procedure code.but it is upon the decretion of the magistrate but in your case if it has been rejected for such a long period then make an appeal in the high court. please contact a lawyer for as he can guide you better with respect to the case your uncle is being held accountable for. Read More

Posted on 17 Dec 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Feb 2020

Men’s rights activists scored a significant victory in India recently when the Supreme Court essentially identified them as the victims in domestic violence cases. The judges weren’t making the law gender-neutral, however. They stated that Indian women were filing inaccurate claims of domestic violence. “Most of such complaints are filed in the heat of the moment over trivial issues,” read the ruling. It went on to state that women were not visualizing the “implications and consequences” of registering a criminal complaint against their abusive husbands. “Uncalled for arrest may ruin the chances of settlement.” Multiple studies have shown that social stigma and insensitive attitudes of police lead women to avoid filing domestic assault charges. According to a decade of data on 1,675 abused women, which was collected by Dilaasa, a crisis intervention centre, only 47 per cent of women went to the police. A third of those who did not approach the police had faced violence for three to five years, two-thirds had faced violence during pregnancy, and a third had attempted suicide. A quarter also experienced rape and sexual assault with objects. Violence against women in India gained international attention when a brutal gang rape in the capital in December 2012 ignited protests across the country. Stronger laws on sexual assault and violence against women were introduced. However, women in India aren’t afforded the same protections at home. This isn’t the first time the law has been questioned by the courts, however. In 2005, a panel of the Supreme Court called women’s misuse of the provision “legal terrorism.” In 2014, the court also diluted the protocol for arrests under the law, stating that it was putting “bedridden grandmothers and grandfathers of the husband” in jail. Because it relates to harassment over dowries, elderly parents of the husband also often face charges. Many of these rulings also openly accused women of overreacting and disrespecting the sanctity of marriage and family. “The object behind the [law] is to check and curb the menace of dowry and at the same time, to save the matrimonial homes from destruction,” a ruling by the Madras High Court said in 2008. “Arrest of [the in-laws is often] ... made simply to satisfy the ego and anger of the complainant.” In last week’s Supreme Court ruling, the judges found that low conviction rates indicated that most complaints were frivolous. India's men’s rights movement has also been using these crime statistics and judicial rulings to assert that the law is an “extortion racket.” “Seventy-five per cent of cases are withdrawn because the women use the charges to extort money,” said Wasif Ali from the Save Family Foundation, a men’s rights group that offers counselling and legal assistance to “distressed men” accused under this law and others. “Even of the 15 per cent convicted, many would be innocent.” Ali did not present any data to support his claim. Women’s rights groups also point out that as most of this violence occurs in private spaces, the evidence is difficult to present and convictions even harder to achieve. “When a woman comes to us, she is very angry — she wants to reclaim her rights and she tells the lawyer to file criminal charges,” said Chaitali Haldar, a coordinator at Jagori, a women’s rights group that challenged the court decision. “But she may have no other options for her sustenance, social status and the care of her children, and this pressure builds up.” The recent ruling also mandates family welfare committees look into all cruelty complaints. No arrests can be made until the committee files a report in a month. Women’s rights groups worry that the committees, made up of people with no criminal or legal expertise, will simply serve as another barrier in an already difficult legal process. “These committees are extrajudicial bodies of questionable competence and cannot take over the functioning of the police,” said the memorandum of the women’s groups, pointing out that preliminary investigations by the police and mediation were already in place to weed out false claims. Some men’s rights advocates are not thrilled with the family welfare committees either, though for entirely different reasons. “The committee will just be another layer that extorts men and exerts pressure on them,” said Ali from the Save Indian Family Foundation. “Everyone is afraid of women’s organizations and only a few brave judges have come out with the truth, but this law needs to be scrapped entirely.”Read More

Posted on 16 Feb 2020 | 1 Answer