Law Notes

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Legitimacy of Child in Muslims.PNG

1. A child born within six months after the marriage – the child is Illegitimate unless the father acknowledges the child.

2. A child born after six months from the date of marriage is presumed to be legitimate.

3. A child born after dissolution of marriage is legitimate-
a. Under Shia Law if born within 10 months.
b. Under Hanafi Law if born within 2 years.
c. Under Shefai and Maliki if born within 4 years.KEEP READING

Difference Between Trial and Inquiry, CrPC

1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.

2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.

3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.KEEP READING

Mutual Satisfactory Disposition

According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.

When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.KEEP READING

Cases where plea bargaining is allowed

1. Offence where punishment is not more than 7 years.

2. The offence which are not against the women and children.

3. The offence which does not affect the socio-economic condition of the country.

The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961KEEP READING