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Anticipatory Bail - Tripti Shetty
What is Anticipatory Bail?
'Anticipatory Bail' means that an individual can get bail in anticipation or in expectation of being arrested.
Who can file for Anticipatory Bail?
Any person named or accused of having committed a non-bailable offense may approach the Court for seeking anticipatory bail.
Why an Anticipatory Bail?
Anticipatory bail is meant to be a safeguard for a person who is falsely accused of an offense.
How can you get an Anticipatory Bail?
The person seeking Anticipatory Bail must file an application before the Court of Sessions or the High Court and based on the gravity and merit of the case, the bail may be granted.
To know more: https://triptishetty.com/anticipatory-bail.html
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Navigating the Bail Process: Expert Tips and Insights!!
Being involved in the criminal justice system can be an overwhelming experience, especially if you or a loved one is facing arrest or charges. One of the most critical aspects of dealing with such a situation is understanding the bail process. Bail is a legal mechanism that allows an accused person to be released from custody while awaiting trial, ensuring they appear in court as required. In this comprehensive guide, we will provide expert tips and insights to help you navigate the bail process effectively.
Understanding Bail: What Is It?
Bail is a legal provision that enables the temporary release of an accused individual from custody, typically in exchange for a monetary amount or bond. The purpose of bail is to ensure that the accused appears in court for all required proceedings while allowing them to continue their daily lives outside of jail. Bail can take various forms, including:
Cash Bail: The accused or their family pays the full amount in cash.
Surety Bond: A third party, usually a bail bondsman, pays the bail amount on behalf of the accused in exchange for a fee.
Personal Bond: The accused signs a bond agreeing to appear in court without having to pay any money upfront, though a monetary penalty is imposed if they fail to appear.
Property Bond: Property is used as collateral to secure the bail amount.
Key Factors in Granting Bail
When determining whether to grant bail, the court considers several factors:
Nature of the Offense: Serious crimes may result in higher bail amounts or denial of bail.
Criminal History: A history of previous offenses can influence the court's decision.
Flight Risk: The likelihood that the accused may flee and not appear in court.
Community Ties: Strong ties to the community can be a favorable factor.
Employment Status: Steady employment may positively impact the decision.
Risk to Public Safety: The potential risk the accused poses to others if released.
Steps in the Bail Process
Navigating the bail process involves several critical steps. Here’s a detailed overview to help you understand what to expect:
Arrest and Booking: The process begins with the arrest and booking of the accused. This includes recording personal information, taking fingerprints, and photographing the accused.
Bail Hearing: A bail hearing is scheduled, where the judge decides whether to grant bail and sets the amount. Legal representation during this hearing is crucial.
Posting Bail: Once bail is granted, it must be posted. This can be done through cash, a bail bond, or property. If a bail bondsman is involved, they will charge a non-refundable fee, typically a percentage of the total bail amount.
Release from Custody: After bail is posted, the accused is released from custody with conditions they must adhere to, such as attending all court appearances and refraining from illegal activities.
Court Appearances: The accused must attend all scheduled court appearances. Failure to do so can result in forfeiture of bail and issuance of an arrest warrant.
Bail Refund: If the accused complies with all conditions and court appearances, the bail amount (excluding any fees paid to a bail bondsman) is refunded at the end of the legal proceedings.
The Role of a Criminal Lawyer in the Bail Process
A skilled criminal lawyer plays a vital role in navigating the bail process. Here’s how a lawyer can assist:
Advocacy at Bail Hearings: Lawyers present arguments and evidence to persuade the judge to grant bail and set a reasonable amount. If you are looking out for the best advocate for Bail and anticipatory bail in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at best advocate for bail and anticipatory bail in mumbai.
Negotiation: Lawyers can negotiate terms of release and conditions of bail, potentially reducing the financial burden on the accused. If you are looking out for the best advocate for Bail and anticipatory bail in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at best advocate for bail and anticipatory bail in mumbai.
Guidance and Support: Lawyers provide guidance on complying with bail conditions and preparing for court appearances. If you are looking out for the best advocate for Bail and anticipatory bail in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at best advocate for bail and anticipatory bail in mumbai.
Representation: Throughout the legal proceedings, a lawyer represents the accused, ensuring their rights are protected and advocating for the best possible outcome. If you are looking out for the best advocate for Bail and anticipatory bail in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at best advocate for bail and anticipatory bail in mumbai.
Navigating the bail process can be complex and stressful, but with the right knowledge and expert assistance, you can manage it effectively. Understanding the key factors, steps involved, and seeking early legal representation are crucial to ensuring a smooth process. At Tripti Shetty, our experienced criminal lawyers are dedicated to providing the support and advocacy you need during this challenging time. If you or a loved one is facing criminal charges, contact us today to schedule a consultation. Visit our website here for more information on our services and how we can help you navigate the bail process with confidence and peace of mind. Let us be your trusted ally in securing your freedom and protecting your rights.
Apart from the above best criminal lawyer in mumbai & Best advocate for Bail and anticipatory bail in mumbai. There are other legal consultation services if you wish to explore then there is no other firm better than Tripti Shetty & Associaties. Which provides the best consultation in terms of bail, anticipatory bail & various legal consultation. You can check it out at the details at Tripti Shetty’s official website.
To know more: https://triptishetty.com/bail.html
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Expert Advice: When to Hire a Criminal Lawyer!!
Involvement in the criminal justice system can be a daunting experience, whether you are facing charges yourself or a loved one is involved. The stakes are high, and the consequences of a criminal conviction can be severe, affecting your freedom, reputation, and future opportunities. This is why it is crucial to understand when to hire a criminal lawyer and how professional legal representation can make a significant difference in the outcome of your case.
Understanding the Role of a Criminal Lawyer
A criminal lawyer specializes in defending individuals and organizations charged with criminal conduct. They possess extensive knowledge of criminal laws, procedures, and the intricacies of the legal system. Their primary objective is to protect the rights of the accused and provide a robust defense to ensure a fair trial. Here are some critical roles a criminal lawyer plays:
Legal Representation: They represent clients in court, ensuring their side of the story is heard and presenting evidence to support their defense.
Advice and Guidance: They provide expert advice on legal rights, possible defenses, and the best course of action based on the specifics of the case.
Negotiation: They negotiate with prosecutors to potentially reduce charges, negotiate plea bargains, or dismiss cases altogether.
Investigation: They conduct thorough investigations, gather evidence, interview witnesses, and work with experts to build a strong defense.
Court Filings: They handle all court documentation, ensuring it is accurate and filed within required deadlines.
When to Hire a Criminal Lawyer
Knowing when to hire a criminal lawyer is crucial to protecting your rights and building a solid defense. Here are some scenarios where it is imperative to seek legal representation:
Upon Arrest or Charge
The moment you are arrested or charged with a crime, it is essential to contact a criminal lawyer. Early intervention allows your lawyer to:
Advise you on your rights, including the right to remain silent and avoid self-incrimination.
Ensure proper legal procedures are followed during the arrest and interrogation.
Begin building your defense immediately, which can be crucial in securing evidence and witness statements.
When You Are Under Investigation
If you are under investigation for a crime but have not yet been charged, hiring a criminal lawyer can help:
Prevent charges from being filed by providing evidence of your innocence or negotiating with investigators.
Guide you on how to respond to questioning and requests for information.
Protect your rights during the investigation process.
Facing Serious Charges
For serious criminal charges such as felonies, violent crimes, drug offenses, or white-collar crimes, professional legal representation is indispensable. A criminal lawyer will:
Develop a comprehensive defense strategy tailored to the severity and specifics of the charges.
Work to reduce potential penalties, which can include lengthy prison sentences, significant fines, and a permanent criminal record.
Represent you in court and ensure that all legal proceedings are conducted fairly.
When Plea Bargains Are Offered
If the prosecution offers a plea bargain, a criminal lawyer can:
Evaluate the terms of the plea deal and advise you on whether it is in your best interest to accept.
Negotiate better terms, if possible, to minimize penalties.
Ensure you fully understand the consequences of accepting a plea bargain, including any impact on your criminal record and future opportunities.
Choosing the Right Criminal Lawyer
When selecting a criminal lawyer, consider the following factors to ensure you receive the best representation:
Experience: Look for a lawyer with extensive experience in criminal defense, particularly in cases similar to yours. If you are looking out for the best criminal lawyer in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at top criminal advocate in mumbai.
Reputation: Research their reputation through client reviews, testimonials, and professional accolades. If you are looking out for the best criminal lawyer in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at top criminal advocate in mumbai.
Communication: Choose a lawyer who communicates clearly, keeps you informed, and involves you in decision-making. If you are looking out for the best criminal lawyer in mumbai to make your legal consultation experience better. Then you can explore Tripti Shetty & Associaite's website and check for their services at top criminal advocate in mumbai.
Navigating the criminal justice system can be complex and intimidating. Hiring a criminal lawyer is crucial to protect your rights, develop a strong defense, and achieve the best possible outcome for your case. Whether you are facing charges, under investigation, or considering an appeal, the expertise and guidance of a criminal lawyer can make a significant difference. At Tripti Shetty, we are committed to providing top-notch legal representation to individuals facing criminal charges. Our experienced team of criminal lawyers in Mumbai offers personalized, strategic defense services to ensure your rights are protected. Contact us today to learn more about how we can assist you during this challenging time.
Apart from the above best criminal lawyer in mumbai & Best advocate for Bail and anticipatory bail in mumbai. There are other legal consultation services if you wish to explore then there is no other firm better than Tripti Shetty & Associaties. Which provides the best consultation in terms of bail, anticipatory bail & various legal consultation. You can check it out at the details at Tripti Shetty’s official website.
To know more: https://triptishetty.com/home.html
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The POCSO ACT: USE AND ABUSE OF LAW
The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India. Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.
The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.
The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.
It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.
After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.
A current trend is seen wherein the law is being misused.
In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.
The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).
False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.
The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.
Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.
To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.
The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.
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What is Cheating ?
Cheating means that anyone by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to 'cheat'.
Advocate Tripti R. Shetty B.A., L.L.B. completed her graduation from Mumbai University and her law from Government Law College, Mumbai.
Completed her course on Forensic Science.
Started her legal career by working with a solicitor firm Thakker & Thakker for two years.
Has an unmatched career success ratio of 98% and has represented several corporate, Solicitor firms, Builders, Bankers and High Net worth Individuals (HNI).
Speaks English, Hindi, Tulu and Marathi.
Enjoys educating and mentoring young lawyers thus improving the overall legal fraternity.
To know more: https://triptishetty.com/cheating.html
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The POCSO ACT: USE AND ABUSE OF LAW
The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India. Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.
The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.
The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.
It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.
After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.
A current trend is seen wherein the law is being misused.
In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.
The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).
False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.
The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.
Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.
To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.
The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.
To know more:
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Anticipatory Bail - Tripti Shetty
What is Anticipatory Bail?
'Anticipatory Bail' means that an individual can get bail in anticipation or in expectation of being arrested.
Who can file for Anticipatory Bail?
Any person named or accused of having committed a non-bailable offense may approach the Court for seeking anticipatory bail.
Why an Anticipatory Bail?
Anticipatory bail is meant to be a safeguard for a person who is falsely accused of an offense.
How can you get an Anticipatory Bail?
The person seeking Anticipatory Bail must file an application before the Court of Sessions or the High Court and based on the gravity and merit of the case, the bail may be granted.
To know more: https://triptishetty.com/best-advocate-for-anticipatory-bail-mumbai.html
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Text
The POCSO ACT: USE AND ABUSE OF LAW
The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India. Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.
The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.
The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.
It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.
After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.
A current trend is seen wherein the law is being misused.
In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.
The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).
False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.
The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.
Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.
To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.
The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.
To know more:
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CHEQUE BOUNCE CASES / DISHONOUR OF CHEQUE CASES
What is cheque bounce / dishonour of cheque ?
When any cheque drawn by a person for any legally enforceable debt or other liability is returned by the bank unpaid, an offence under Section 138 of the Negotiable Instruments Act is deemed to have been committed.
What conditions are required for filing the case ?
A demand notice for the payment of the cheque amount has to be given to the drawer of cheque within thirty days of the receipt of information regarding the dishonour of cheque.
If the drawer of such cheque fails to make the payment of the said amount of money to the payee within fifteen days of the receipt of the said notice, a complaint has to be filed in the Court within thirty days.
To know more: https://triptishetty.com/cheque-bounce-cases.html
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The POCSO ACT: USE AND ABUSE OF LAW
The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India. Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.
The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.
The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.
It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.
After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.
A current trend is seen wherein the law is being misused.
In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.
The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).
False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.
The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.
Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.
To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.
The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.
To know more:https://triptishetty.com/home.html
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Arrest and Remand - Tripti Shetty & Associates
What is Arrest?
As per Indian Law the police may arrest a person for both cognizable and non cognizable offences under the Criminal Procedure Code, 1973 (the "CrPC"). A cognizable offence is one for which the police does not require a warrant. Cognizable offences include more serious violations and are set out in First Schedule to the CrPC.
What is Remand?
Remand is a process wherein a person is required to be produced before the Magistrate / Judge by the police officer as soon as possible but at least within 24 hours from his arrest excluding travel time
What happens in Remand?
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. On hearing the arguments, he may give custody of arrested person to police for few days for completion of the investigation. The Magistrate may authorize detention of the accused in police custody for a term not exceeding 15 days and thereafter send the accused to judicial custody This is called Remand.
To know more: https://triptishetty.com/arrest-and-remand.html
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The POCSO ACT: USE AND ABUSE OF LAW
The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India. Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.
The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.
The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.
A current trend is seen wherein the law is being misused.
In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.
Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.
To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.
The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.
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The POCSO ACT: USE AND ABUSE OF LAW
The protection of children by the state is guaranteed to Indian citizens under Article 21 of the Indian Constitution. The State has enacted various acts for protection of children such as The Juvenile Justice Act 2000, The Prohibition of Child Marriage Act 2006, The Child Labour Act 1986. However, there were no specific laws addressing the issues of child sexual abuse in India. Offences relating to sexual abuse of a child were covered under the general provisions of Indian Penal Code.
Child sexual abuse laws in India have been enacted as part of the child protection policies of India. The 'Protection of Children Against Sexual Offences Bill (POCSO), 2011' was passed on 22 May 2012 making it an Act.
The POCSO Act, 2012 came into force with effect from November 14, 2012, along with the rules framed thereafter. The Act is a comprehensive law enacted with the objective of protecting children from a slew of sexual offences like sexual assault, sexual harassment and pornography while safeguarding the interests of the child at every stage of the judicial process by introducing a child-friendly mechanism for reporting, recording of evidence, investigation and speedy trial of offences through special courts.
The Act defines a child as any person below the age of 18 years. It defines different forms of sexual offences including penetrative and non-penetrative assault, and even sexual harassment and pornography.
It prescribes stringent punishment as per the gravity of the offence. The Act is a gender-neutral law where not reporting abuse is an offence. There is no time limit for reporting abuse and the Act enumerates provisions for maintaining the confidentiality of the victim's identity.
After the enactment of the act there has been a rise in the reporting of cases. The Special Courts have been set up wherein the facilities of dealing with these cases and providing a child-friendly atmosphere where the child victim may depose without fear.
A current trend is seen wherein the law is being misused.
In several matrimonial cases the POCSO Act is being invoked along with Section 498A of IPC which pertains to harassment and cruelty of the wife. Since the police authorities and investigating agencies do not view a complaint under Section 498A as a serious crime, allegations under the POCSO Act are being alleged for ensuring arrest of the husband and to pre-empt him from applying for custody of the child. Even in matters where “Habeas Corpus” petition is filed for obtaining custody or visitation rights of children, false cases under POCSO Act is filed so that father is kept away from the child. Children are being used as a tool to even settle property related matters. This is a dangerous trend as once an FIR is filed under the POCSO Act with serious allegations, the arrest in imminent of the Accused and at the pre-trial stage it is not possible for the Judge to interview the victim to find out the truth or to enter into meticulous analysis of the matter and arrive at a conclusion of innocence or guilt.
The Accused can approach the Sessions court and seek Anticipatory bail(prior to arrest) or bail (if arrested).
False cases especially against a father by the daughter have far reaching consequences on the mind of the child however when the battle between the husband and wife is bitter the child is used as a weapon by the parties to achieve their goal.
The law makers and the judicial officers should note this dangerous trend and should take steps to curtail the detrimental practice of using an innocent child for making false allegations.
Section 22 of the POCSO Act provides for punishment where false complaints are filed or false information is given. A false complaint by any person, solely with the intention to humiliate, extort or threaten or defame, shall be punished with imprisonment up to six months or with fine or both. False information provided against a child or a false complaint, where such allegation is known to him to be false, thereby victimizing the child can face up to one-year imprisonment, fine, or both.
To ensure that the purpose of the Act is not lost out through the blatant misuse of the same, investigative and procedural safeguards have to be set up and measures have to be evolved for strict implementation to check the menace of false allegations and the consequences that flow from it. Misusing the act by making a child file false allegations may affect the child life long. The provisions for punishment for filing false cases have to be strengthened.
The court must deal with care and caution and keeping in mind the possibility of false implication especially when allegations are made by married couple against each other under POCSO Act. The investigating authority must give its genuine opinion when called upon by court. The Court must arrive at the truth so that an innocent person is not made to suffer on account of malicious and false allegation.
To know more:
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Arrest and Remand - Tripti Shetty & Associates
What is Arrest?
As per Indian Law the police may arrest a person for both cognizable and non cognizable offences under the Criminal Procedure Code, 1973 (the "CrPC"). A cognizable offence is one for which the police does not require a warrant. Cognizable offences include more serious violations and are set out in First Schedule to the CrPC.
What is Remand?
Remand is a process wherein a person is required to be produced before the Magistrate / Judge by the police officer as soon as possible but at least within 24 hours from his arrest excluding travel time
What happens in Remand?
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. On hearing the arguments, he may give custody of arrested person to police for few days for completion of the investigation. The Magistrate may authorize detention of the accused in police custody for a term not exceeding 15 days and thereafter send the accused to judicial custody This is called Remand.
To know more: https://triptishetty.com/arrest-and-remand.html
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CHEQUE BOUNCE CASES / DISHONOUR OF CHEQUE CASES
What is cheque bounce / dishonour of cheque ?
When any cheque drawn by a person for any legally enforceable debt or other liability is returned by the bank unpaid, an offence under Section 138 of the Negotiable Instruments Act is deemed to have been committed.
What conditions are required for filing the case ?
A demand notice for the payment of the cheque amount has to be given to the drawer of cheque within thirty days of the receipt of information regarding the dishonour of cheque.
If the drawer of such cheque fails to make the payment of the said amount of money to the payee within fifteen days of the receipt of the said notice, a complaint has to be filed in the Court within thirty days.
To know more: https://triptishetty.com/cheque-bounce-cases.html
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Anticipatory Bail - Tripti Shetty
What is Anticipatory Bail?
'Anticipatory Bail' means that an individual can get bail in anticipation or in expectation of being arrested.
Who can file for Anticipatory Bail?
Any person named or accused of having committed a non-bailable offense may approach the Court for seeking anticipatory bail.
Why an Anticipatory Bail?
Anticipatory bail is meant to be a safeguard for a person who is falsely accused of an offense.
How can you get an Anticipatory Bail?
The person seeking Anticipatory Bail must file an application before the Court of Sessions or the High Court and based on the gravity and merit of the case, the bail may be granted.
To know more: https://triptishetty.com/anticipatory-bail.html
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Arrest and Remand - Tripti Shetty & Associates
What is Arrest?
As per Indian Law the police may arrest a person for both cognizable and non cognizable offences under the Criminal Procedure Code, 1973 (the "CrPC"). A cognizable offence is one for which the police does not require a warrant. Cognizable offences include more serious violations and are set out in First Schedule to the CrPC.
What is Remand?
Remand is a process wherein a person is required to be produced before the Magistrate / Judge by the police officer as soon as possible but at least within 24 hours from his arrest excluding travel time
What happens in Remand?
The Judge hears arguments of police through public prosecutor. He also hears lawyer of accused about why custody should not be given to police. On hearing the arguments, he may give custody of arrested person to police for few days for completion of the investigation. The Magistrate may authorize detention of the accused in police custody for a term not exceeding 15 days and thereafter send the accused to judicial custody This is called Remand.
To know more: https://triptishetty.com/arrest-and-remand.html
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