Libertatem Magazine

Picture of Adv. Kapil Chandna

Adv. Kapil Chandna

Advocate Kapil Chandna, law graduate from Delhi University, is a founding partner of Chandna & Chandna Associates and is enrolled with the Bar Council of Delhi in 2012.Kapil Chandna started working independently in 2014 and had represented clients all over India, securing favorable orders for his clients:- Bail (Anticipatory as well as Regular) in Cheating, Forgery, False Dowry Case, Dowry Death, False Rape Case, POCSO, Murder/ Attempt to murder, Prevention of Corruption Act, Money Laundering.

Understanding the Laws Pertaining to Bail in India

Just because a person is accused of an offence, it is not expected to keep the person in custody for an endless period i.e. end of the Trial, when most of the cases end in acquittal. And since the accused is presumed to be innocent unless proved guilty beyond reasonable

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Supreme Court: Mandatory Registration of an FIR

Every person whether aggrieved or not, of an offence “committed or attempted” is expected to call or approach the police at first instance and get it reported. After the offence is reported, the police will look into allegations and identify whether the offence reported is a cognizable offence or non-cognizable offence. If

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Supreme Court: Consensual Physical Relationship Is Not Rape

In the case of Dhruvaram Murlidhar Sonar vs The State of Maharashtra on 22 November 2018, Hon’ble Supreme Court of India has clarified that consensual physical relationship cannot be termed as rape. In the landmark Judgement, Hon’ble Supreme Court of India has demarcated grounds based on which every physical relation

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Considerations for Regular Bail in Commercial Quantity: NDPS ACT

The cardinal principle of presumption of innocence unless proved guilty or bail rule jail exception is not applicable to special Acts such as NDPS, MCOCA etc, because of the fact that the offences under those special acts are considered to be the gravest one and they shake the very conscience

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Bail Is the Rule, While Jail Is an Exception

The Principle of Bail as Rule and Jail as an exception finds its very source from Article 21 and Article 22 of the Constitution of India and also from the well-known principle of “Presumption of Innocence, Unless Proved Guilty”. Only because a person is accused to have a committed an

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Supreme Court: Stop Criminalizing Civil Disputes

To create a peer police pressure, civil disputes such as breach of contractual obligations were converted into criminal complaints and First Information Reports u/s 406 (Criminal Breach of Trust) or 415 (Cheating) were registered. With the increase in those Criminal Cases coming forward, Hon’ble Supreme Court in Hridaya Rangan Pd.

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