#Criminal Laws

[lawzapo-legal]

How many days should I wait for person to revert after sending him legal notice for cheque bounce?

There is a statutory period of 15 days since the day the legal notice for cheque bounce is received byyour friend, to revert or take any necessary action.

In case there is no revert or action by your friend, you should file a criminal case of cheque bounce under Section 138 of the negotiable instrument act, 1881 within 30 days of the close of 15 days since the notice was received by your friend (within 45 days of receipt of legal notice by your friend).

After receiving the bank return memo when a cheque bounces, you have to immediately issue demand notice within the span of 30 days from the receipt of information.

If the accused does not make the payments within 30 days from the receipt of the notice, you can file the complaint under section 138 of the Negotiable Instrument Act.

A complaint has to be filed within 30 days.

Section 138 of the negotiable instrument act, talks about dishonour of cheque for insufficiency, etc., of funds in the account.

Also, you must have all the important documents before registering the complaint, for instance,

1) Photocopies of the cheque returned by the bank, memo, copy of the legal notice for demand sent to the drawer and the acknowledgment slips/ receipts

2) Written complaint

3)Letter of oath

Reference Laws: Section 138, Negotiable Instruments Act, 1881

[mylittlesecrethaven]

All Types Of Criminal Laws Cause Why Not: Part 3

Cause wtf not? This is (probably) gonna include laws from all over the world. This is gonna include what the criminal law is, the type of criminal law it is, the severity of it, and the punishment(s) for it.

So let's go I guess.

Battery:

(Crime Against A Person)

Common law offense or misdemeanor

Unlawful physical contact with another person that was not for reasons such as intoxication of drugs or alcohol, defense of self or others, prevention of a crime, a mistake, duress, necessity, insanity, automatism, provocation, consent, superior orders, reasonable punishment of a child, medical procedure, sporting events, or arrest.

Typically given time in jail depending on the severity.

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Child Sexual Abuse:

(Sexual Offense)

Child abuse

A type of child abuse that involves an activity done by a legal adult to a minor that involves something like sexual activities (asking or pressuring, given consent does not matter), indecent exposure, child grooming, or child pornography.

Typically punished with fines and time in jail, usually somewhere around 5-10 years but can be longer is the offense is great enough.

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Blackmail:

(Crimes Against Property)

Common law offense

When someone threatens another person that they will spread information that could cause the person to suffer embarrassment or financial loss. Usually done with a goal in mind, such as make the person give the information holder something. In other countries, blackmail can also involve physical or mental harm as a threat.

Usually ends with jail time, but fines can also be involved.

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Miscarriage of Justice:

(Crime Against Justice)

Criminal law offense

When there is an unfair outcome in a civil or criminal preceding, usually when someone is convicted of a crime they didn't commit for any reason.

I couldn't find any actual punishments for this crime, but I'm guessing it's just fines.

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Corruption:

(Crime Against The Public)

Criminal Offense

When someone in a position of power or an organization in a position of power uses said power for its own personal gain. People or companies that are corrupt tend to use strategies such as bribery, influence peddling, or embezzlement.

Corruption usually leads to public distrust which tends to be the only punishment, as people can be pretty harsh, but if said person or organization does anything illegal in their corruption, they can get in trouble there.

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Wildlife Smuggling:

(Crime Against Animals)

International Offense or Criminal Offense

Involves the illegal gathering and trading (but not killing) of threatened or endangered animals or threatened or endangered plants in any way.

Punished with fines most of the time and if the offense is serious enough, jail time. (can change from country to country though)

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Espionage:

(Crime Against The State)

Usually a violation of national or international law

The act of obtaining confidential or secret information from any government, company, or criminal organization. Legal in some situations, such as when a law enforcement or a government does it to a criminal organization, but illegal if not sanctioned by a criminal organization. Basically, whoever you do it to is gonna see it as illegal.

Punished by jail time and sometimes death depending on the subject of the espionage.

Also, here's a fun thing I found.

It's a corruption chart. Red means less corrupt and green means more corrupt.

[business-001]

Three New Criminal Laws

In Deloitte's latest article, discover the impact of India's three new criminal laws, effective July 1, 2024. These laws, replacing the IPC, CrPC, and Indian Evidence Act, promise a more contemporary, concise, and accessible legal framework, enhancing forensic investigations and aligning with current societal needs. Learn how these Three New Criminal Laws will shape the future of criminal justice in India Read More Deloitte India's Latest Article on Three New Criminal Laws https://www2.deloitte.com/in/en/pages/finance/articles/three-new-criminal-laws-in-India.html

[aakashmalhotra]

Key Features Of India's 3 New Criminal Laws

India is getting ready to implement three revolutionary criminal laws on July 1, 2024, with the ultimate goal of substituting outdated Colonial-era laws with modern legal framework. Three new criminal laws address concerns about expanding authority over police while introducing new security precautions like Zero FIR and faster trials. As the country makes painstaking preparations, such as training initiatives and technology advancements, it expects a revolutionary change toward a more effective and equitable legal system that prioritizes justice delivery in a timely manner. 

Last December, the Parliament passed three pivotal legislative acts: the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Act (BSA). These groundbreaking laws are set to supplant the Indian Penal Code (IPC) of 1860, the Criminal Procedure Code (CrPC) of 1973, and the Indian Evidence Act of 1872, respectively. Thus, the three new criminal laws in India now include a number of new provisions tailored to the needs of modern technology.

Significant changes and provisions

The new legislation include a number of innovative measures designed to improve the effectiveness and equity of the legal system:

Innovative Legal Procedures

Embracing features like Zero FIR empower individuals to file complaints at any police station. Thus, this capability enhances the accessibility of legal recourse for individuals.

Technological Advancements

The goals of electronic summons services and online police complaints are a great initiative to improve communication and decrease paperwork.

Swift Judicial Processes

Timely delivery of justice is emphasized by strict deadlines for formulating charges within 60 days and delivering trial rulings within 45 days.

Protection for Vulnerable Groups

Specific rules that guarantee sensitive treatment and speedy medical evaluations for crimes against women and children.

Expanded Offenses

Along with a thorough definition of terrorism, definition updates cover new offenses such group rape of minors and false promises of marriage.

Key features of new criminal law

Bharatiya Nyaya Sanhita

In the corporate context, the legal penalties primarily apply to situations including:

Misconduct, cheating or fraud

Criminal misappropriation 

Betrayal of faith 

Fraud and use of forged papers

The provisions that define these offenses have essentially remained unaltered.

Bharatiya Nagarik Suraksha Sanhita 

Explains several other kinds of electronic proof 

Grants judges and law enforcement officials the authority to summon witnesses in digital evidence situations

Clarification of the relevant jurisdictions in cases of cheating involving electronic methods of deception.

Gives courts the authority to request electronic submissions in situations involving large amounts of paperwork.

BharatiyaSakshya Adhiniyam

The definition of 'document' has been expanded to encompass electronic and digital records, along with the provision of specific examples of such records.

The definition of documentary evidence has been expanded to include electronic and digital records.

Electronic evidence obtained from 'proper custody' is considered to be critical evidence.

Expand the scope of the term 'Experts' to cover further fields of competence.

In-depth Details of Three new criminal law

The Indian criminal justice system is being redesigned by the new laws. They want to modernize and replace the outdated colonial laws by prioritizing national security, implementing equity through a victim-centric approach, and adopting digital and electronic evidence reviews.

We put together a quick document that outlines the important parts of these laws and gives you a plan to reduce legal risks, improve how you operate and investigate, and make your review and response to corporate matters more efficient.

Check And Balance On Police Powers

The BNSS has imposed a further requirement on the state government to nominate a police officer who will be in charge of keeping records on all arrests and who made them in order to prevent the abuse of regulations pertaining to police arrests. The provision mandates that district headquarters and each police station have visible displays of this information.

Fighting Crime Against Women

With the introduction of electronic First Information Reports (e-FIRs), the BNS pioneers a revolutionary method for reporting crimes against women. This facilitates rapid submission of crimes that require urgent care. The digital platform represents the spirit of established legal principles that emphasize prompt reporting and enable quick reporting, overcoming old restrictions.

Reducing Overcrowding In Prisons

Under some conditions, the maximum length of imprisonment for prisoners has been lowered for first-time offenders, and the jail superintendent is now legally permitted to assist accused individuals or criminals in requesting bail.

If an individual has served one-third of the maximum term allowed, they will be freed on bail as a first-time criminal (never having been found guilty of any crime before).

Technology

Technology is now used at every level by the BNSS, from visiting crime scenes to conducting investigations to holding hearings. It is revolutionary because it will guarantee a speedy conviction and openness in the inquiry. Utilizing the power of contemporary scientific technologies and modernizing the criminal justice system are two important goals of integrating technology and forensics into investigations.

In order to mitigate the risk of evidence tampering, it is imperative to incorporate the compulsory use of audio-video recording in search and seizure procedures within the BNSS. The audio-video recording requirement during search and seizure should encompass the complete process of documenting the confiscated items and obtaining the signatures of witnesses, ensuring transparency and accuracy throughout the proceedings.

In search and seizure proceedings, transparency plays a crucial role in preventing the fabrication of evidence and ensuring the presence of independent witnesses.

Last words

Lastly, these newly proposed laws are designed to modernize and replace the existing Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act. The aim is to introduce updated provisions that are specifically tailored to address the current legal requirements and challenges. Read More Deloitte India's Latest Article on Three New Criminal Laws

[rightnewshindi]

एक जुलाई से बदल जाएंगे देश के तीनों आपराधिक कानून, ट्रायल कोर्ट को तीन साल में देना होगा फैसला

एक जुलाई से बदल जाएंगे देश के तीनों आपराधिक कानून, ट्रायल कोर्ट को तीन साल में देना होगा फैसला

Bihar News: पूरे देश के साथ-साथ बिहार में भी एक जुलाई से तीन नए आपराधिक कानून लागू हो जाएंगे. केंद्र सरकार ने इससे जुड़ी अधिसूचना शनिवार को ही जारी कर दी है. इधर इसको देखते हुए बिहार पुलिस मुख्यालय स्तर पर अपने 137 पुलिस अधिकारियों को इन तीन नए कानून की विस्तृत जानकारी प्रशिक्षण के ज़रिये दी जा रही है. इस बात की जानकारी एआईजी (AIG) कल्याण विशाल शर्मा ने दी है. इनके मुताबिक इस प्रशिक्षण का आयोजन…

[legalconclave]

legal conclave lawyer

Manohar N

 Started from 1992

Animal Laws,Banking Laws,Civil Laws,Labour Laws,Torts,Criminal Laws,Cyber Laws,Documentation,Constitutional Matters,Family Laws,Motor Vehicle Accidents Cases,Property Laws / Building Laws,Taxation

Verified Lawyer

Kannada, English

[destiel-news-network]

(Source)

[mirkobloom77]

‼️🇵🇸🌍 A compilation of positive reactions to the ICC move: Countries and Human Rights groups

[Plain text: A compilation of positive reactions to the ICC move: Countries and Human Rights groups]

🔹 Small summary:

🇳🇴 Norway is the first European Country to say that, if an arrest warrant is issued, Netanyahu will be arrested.

🇿🇦 The South African president says “the law must be applied equally to all in order to uphold the international rule of law, ensure accountability for those that commit heinous crimes and protect the rights of victims”

🇨🇳 China’s foreign ministry calls for an end to the "collective punishment of the Palestinian people", hoping ICC “will uphold its objective and impartial position and exercise its powers in accordance with the law”

🇫🇷 France’s foreign ministry says country “supports the International Criminal Court, its independence, and the fight against impunity in all situations”

🇧🇪 Belgium’s foreign ministry says “Crimes committed in Gaza must be prosecuted at the highest level, regardless of the perpetrators”

🇸🇮 Slovenia’s foreign ministry says “"Accountability is crucial to prevent atrocities and to guarantee peace”

🇨🇭 Switzerland’s permanent representative of Switzerland to the UN says Switzerland “fully supports the court and stresses the importance of respecting its independence”

🇵🇸 Palestinian Rights Groups welcome “landmark” ICC decision, call for an additional charge of Genocide to be added

🇮🇱 B’Tselem, an Israeli humans rights groups, says “Era of impunity for Israel’s leaders is over”

🔸 Source: Al Jazeera

[gwydionmisha]

This is a fundamental safety issue.

[yurieater69]

alot more zhu yuan doodles

[lawzapo-legal]

Can a FIR against my brother in law affect my career even though I was never arrested or convicted?

As you have been found not guilty or acquitted, you will not face any problems in your career now or in future.

In case of arrest or summons issued against you, you will need to follow a different process.

You need to obtain a copy of the judgement and keep it with you for future use if any situation warrants.

Unless and until the court convict an accused he is deemed to be innocent.

In your case a FIR is filed against you, it's only an allegation against you and after filing FIR, in investigation conducted by police, no evidence was traced by police supporting allegation against you in FIR as such in the initial stage itself the prosecution find your innocence and closed case.

So if a court has convicted then your carrier might have affected but you r innocence revealed by the prosecution itself on closing case which shows that a false case is registered against you

It will not effect your carrier in any manner.

You may file for quashing of FIR to get rid of the case under section 482 of the Code of Criminal Procedure. before the concerned high court.

FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused.

A FIR can be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

Reference Laws: FIR

[mylittlesecrethaven]

All Types Of Criminal Laws Cause Why Not: Part 2

Cause wtf not? This is (probably) gonna include laws from all over the world. This is gonna include what the criminal law is, the type of criminal law it is, the severity of it, and the punishment(s) for it.

So let's go I guess.

Assault:

(Crime Against A Person)

Misdemeanor to a felony

Causing harm or unwanted physical contact with another person that is not done for arresting purposes, punishment purposes, prevention of a crime, or defense of property. Sometimes only classified as assault if there is the threat of harming another person.

Can range from a misdemeanor to a felony and can lead to fines or time in jail depending on how serious the crime.

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Bigamy:

(Sexual Offense)

Civil crime

When someone enters into a marriage when they are already married under the law. Not illegal everywhere, but is usually illegal in more Christian denominative countries.

Usually has the punishment of 5 years in prison in places where it is illegal, but some places have more severe prison sentences.

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Arms Trafficking:

(Crime Against Property)

International/transnational crime that can be labeled as terrorism in some cases

When a person or a group of people illegally trade small arms, explosives, or ammunition to another person or group of people.

Usually ends up with time in federal or international prison.

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Malfeasance In Office:

(Crime Against Justice)

Crime

Any unlawful conduct done by an elected official that can get them removed from office. Usually only a crime in English countries.

Only has people removed from office or not allowed to have the chance to hold office, but can sometimes lead to fines.

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Begging:

(Crime Against The Public)

Crime

When someone asks for money or a favor with no intention to give anything back. A law used exclusively on poor people in many countries, though sometimes only used when the begging is "aggressive" as some places have laws regulated when and where begging can happen and when these laws are not followed, it is called "aggressive panhandling."

Usually only punished with jail time, but sometimes with a fine.

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Poaching:

(Crime Against Animals)

Environmental crime

When someone illegally hunts or captures animals, either by overhunting, hunting without a license, or hunting endangered or off-limit animals. Also pertains to plants in the same way, but includes illegal taking of properties, such as soil and water, that plants may need to survive.

Usually charged with jail time and fines.

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Treason:

(Crime Against The State)

Violation of civil law

When attacks a state or state authority to which they owe their allegiance to. Can be a small misdemeanor like action or something as large as terrorism.

Can lead to jail time, fines, and sometimes capital punishment in extreme situations.

[bigfatbreak]

Does Chloe tone down her direct bullying/harassment of Marinette after that day to just the dead mom jokes out of guilt, or is it more that Marinette now being homeschooled means Chloe just lost access? Also, does Lila try the whole lying/sabotaging thing on Marinette and just fail or does Marinette just not care?

Lila has no reason to sabotage Marinette because Marinette isn't threatening her little empire she wants to build. In fact, she really wants Marinette on her side BECAUSE she's not apart of the school, so she doesn't need to keep up an elaborate web of lies! She can just try to befriend a talented girl who makes AMAZING food and try to get freebies~

meanwhile, with Chloe, things got really complicated after the pool incident...

Tom was not in the mood to put up with this crap.

[forensicdefence]

The role of a psychologist expert witness is to help the court or the jury understand the psychological factors involved in a case, and to provide an objective opinion based on their training, experience, and research. They may be asked to evaluate and diagnose individuals involved in the case, provide information about the mental state of a defendant, or offer recommendations for treatment.

[amicus123]

Are You Looking for Civil and Criminal Litigation Cases Solutions | Amicus Publico

Our Civil and Criminal litigation attorneys are effective problem solvers who are able to recognize that our clients look to us for solutions that help them achieve their business and financial goals. Effective dispute resolution is essential to success and is always tackled as a cost effective means to avoid timely and protracted litigation.