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The criminal justice system hinges on FIR lodging, prosecution, investigation, trial facilitation, and speed. Significant court rulings underscore the FIR’s critical role in ensuring early, reliable information on crimes, emphasizing the risks of delays leading to distorted accounts. The FIR initiates legal proceedings and guides investigators. In fact, lodging of FIR, launching of criminal prosecution,…
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Lord Neuberger, the former President of the Supreme Court of the United Kingdom, discussed in the course of a lecture the importance of clearly written judgments: A second small change worth considering would be for more judges to give better guidance to the structure and contents of their longer Judgments. Some judges already provide a…
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The Supreme Court has held that a statement recorded as a dying declaration cannot be treated as evidence under Section 32 of the Evidence Act if the declarant survives. Instead, it’s considered a statement under Section 164 of the Code, usable for corroboration or contradiction. Confessions must be voluntary, truthful, and corroborated, and a statement…
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Justice M.M. Corbett, Former Chief Justice of the Supreme Court of South Africa, in a lecture at an orientation course for new judges, recommended the following structure in writing a judgment which facilitates orderliness and produces a logical, flowing judgment: (a) An introductory section; (b) Setting out of the facts: (c) The law and the…
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“The purpose of judicial writing is not to confuse or confound the reader behind the veneer of complex language. The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges. Judgments of the High…
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The theory of separation of powers was first propounded by the French thinker Montesquieu (in his book The Spirit of Laws). In Chapter XI of his book The Spirit of Laws Montesquieu writes: When the legislative and executive powers are united in the same person, or in the same body of Magistrates, there can be…
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“So often in life, things that you regard as an impediment turn out to be great, good fortune.”~ Justice Ruth Bader Ginsburg “Fight for the things that you care about. But do it in a way that will lead others to join you.”~ Justice Ruth Bader Ginsburg “My mother told me to be a lady.…
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