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defence Tag

SURANA & SURANA > Posts tagged "defence"
09 June
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The defense of the accused may change after this Supreme Court Judgement

Posted by Surana
in Legal Buzz
Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed written statement by the accused under Section 313(5) must now be recorded and treated as an exhibit. This gives the accused a better chance to put forth their defense effectively. So, here's the takeaway: Even though it's optional, the accused should always provide a detailed statement under Section 313(5) when he or she is questioned by the court. It'll be marked as an exhibit and stay on the court record, even in case of an appeal. This could significantly help shape their defense

Recently, the Supreme Court of India passed an important judgment that may change how the accused defend themselves in a trial. This revolves around Section 313 of the Criminal Procedure Code, 1983. Normally, many accused individuals stick to standard defenses like "false case" or "I don't know" when they are questioned. But the problem is, these statements are often the only defense recorded by themselves in courts. This is where Section 313(5) of the Criminal Procedure Code comes into play. According to the new Supreme Court ruling (Premchand vs. The State of Maharashtra – 2023 LL (SC) 168 dated 03.03.2023), a detailed...

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01 February
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LEGAL ANALYSIS OF THE DRAFT INDIAN TELECOMMUNICATION BILL, 2022 – LIBERATIVE OR OBSTRUCTIVE?

Posted by Surana
in SSIA

Sara Suresh Associate, Surana & Surana International Attorneys On September 21, 2022, the Department of Telecommunication under the Ministry of Communication released the Draft Indian Telecommunication Bill, 2022 along with an explanatory note into the public domain for the people and the stakeholders to accord their comments. The Bill intends to consolidate the existing legal framework of telecom industry in order to make them future-ready to keep up with the innovations and technological advancements in the sector. Primarily, the Bill seeks to repeal the three existing laws – the age old British era Indian Telegraph Act, 1885; Indian Wireless Telegraph Act, 1933 and...

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