Malik's Murder Trial (Punishment & Procedure), 3rd Edition | 2020

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Malik's Murder Trial (Punishment & Procedure), 3rd New Edition

Author Malik's
Publication Date Jan, 2020
ISBN 9788193727935
Format Hardcover
Publisher Delhi Law House


Murder Trial come within the ambit of criminal trials. India has a well established statutory, administrative and judicial framework tor murder trials. It is noteworthy, that Indian Penal Laws are primarily governed by three Acts: 

- Acts; viz. The Code of Criminal Procedure,
1973 ("Cr.P.C." for short);

- The Indian Penal
Code, 1860 ("I.P.C." for short) and

- The Indian
Evidence Act, 1872.

Description Malik's Murder Trial (Punishment & Procedure), 3rd Edition: 

India adheres to the adversarial system, in which the State (Prosecution) normally has the burden of proof to establish the case against the accused. Until and unless the allegations against the accused are established beyond a reasonable doubt, the

Be unassuming. The burden of proof has been placed on the accused in some unusual circumstances, which may involve terrorism. In this context, it is important to mention that our nation has a highly developed criminal justice system that is supported by legal precedents; nonetheless, there may be certain problems or concerns with the way the police and judiciary carry out this system.

In India, the courts have been vigorously defending the rights of the accused, notably the High Courts and the Apex Court. Even the Indian Constitution's Article 21 has been interpreted in a very flexible way that incorporates natural justice in addition to protecting people' rights. A thorough and comprehensive procedural legislation for holding a murder trial in India is the Code of Criminal Procedure, 1973. Covering the procedures for gathering evidence, questioning witnesses, interrogating suspects, making arrests, protections for use by law enforcement and courts, the process for obtaining bail in murder cases, the way convictions are made, and the rights of those accused to a fair trial. The 1973 Code of Criminal Procedure essentially governs the process for a murder trial. The Indian Penal Code (IPC) is the country's main penal code, and it applies to all offences unless otherwise provided for by another Indian legislation.

The Indian Evidence Act, 1872 is a comprehensive treaty on the law of evidence, including the types of evidence that may be offered in court, how evidence is presented during a trial, and the evidential weight that may be assigned to such evidence. It also covers expert and scientific evidence, as well as judicial presumptions. The Criminal Procedure Code does not define the term "trial," although it is generally understood to mean: the stage following the filing of a charge and ending with acquittal or conviction. There is no discernible distinction between murder and the ottence of culpable homicide. All of the offences commonly result in death. In both situations, there must absolutely be criminal intent or knowledge. The degree, or the larger purpose or understanding of the overall effect in one situation compared to the other, is where the genuine difference resides, so to speak.

Provocation and self-defense are the two greatest defences to a murder charge. This strategy may exonerate the defendant from all criminal responsibility if the defendant acts entirely within the letter of the law. The second edition of the book "Murder Trial-Punishment and Procedure" is now available. No effort has been wasted during the book's revision by the writers in order to make it a perfect version with all necessary changes. The fundamental intrastructure has been preserved, nevertheless. The book's immediate Second Edition is intended to be well-received by the Bench, Bar, and everyone else interested in this area of law.

Table of Contents Of Malik's Murder Trial (Punishment & Procedure), 3rd Edition

PART I: Offence of Murder
1. Criminal Jurisprudence
2. Certain words and terms commonly used in reference to Murder Trial and other important issues
3. Culpable Homicide, Genocide and Honour Killing
4. Decriminalization of Attempt to Suicide
5. Death -Civil Consequences
6. Death -Its Medico-Legal Aspects
7. Offence of Dowry Killing -Penological Perspectives
8. Points Requiring Proof - Tenets and Tips
9. Capital Offences - Vicarious or Constructive Liability
10. Homicides-Forms, Degrees and Descriptions

PART II: Offence Under Section 299, IPC
1. Culpable Homicide - Definition, Meaning and Interpretation
2. Punishment for Culpable Homicide

PART III: Murder and Its Definition
1. Intention
2. Bodily Injury
3. "Sufficient in the Ordinary Course of Nature"
4. Imminently Dangerous Act
5. Exceptions
6. Murder with Common Intention/ Common Object 
7. Weapon of Attack
8. Medical Report and Burn Injury
9. Charge and Duty of Prosecution
10. Appreciation of Evidence

PART IV: General Defences

1. Penal Pharmacopoeia

PART V: On Proof And Punishment
1. Matter of Proof
2. Lack of Proof -Sentence Set Aside
3. No Explanation Of Injuries -Conviction Proper
4. Punishment Under Section 302 read with Section 34/149
5. Identification and Punishment
6. Motive and Punishment
7. "Rarest of Rare" -Formula and Punishment
8. Weak Evidence/ Contradiction in Evidence/ Benefit of Doubt/ Acquittal
9. Sufficient Proof of Lacking -Conviction Altered
10. Dying Declaration- Confession and Punishment
11. Delay in Lodging FIR
12. Principle and Punishment
13. Conviction Proper - Appeal Dismissed
14. Eye-Witness Account and Punishment
15. Circumstantial Evidence
16. Independent Witness
17. Presumption and Probabilities in Case of Punishment 
18. Sentence
19. Miscellaneous

PART VI: Punitive Perspectives
1. Abolition of Capital Punishment -Desirability of-
2. Execution of Death Penalty

PART VII: Inquiry Trial and Other Procedural Issues
1. Inquiry and Trial
2. Trial before a Court of Session
3. Procedural Requirement
4. Dowry Death
5. Bail and Bonds

Notable Murder Trials
Subject Index

Find more books like Malik's Murder Trial (Punishment & Procedure), 3rd Edition: Criminal Law

ISBN: 9788193727935

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