Difference between revisions of "India Criminal Defense Manual - Various Defense Strategies"
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* Does the evidence presented meet the evidence requirements for all the elements of the alleged offense? What are the legal stipulations regarding evidence for elements of the accused crime? What evidence supports the prosecution's case? What evidence is not consistent with the prosecution's argument? | * Does the evidence presented meet the evidence requirements for all the elements of the alleged offense? What are the legal stipulations regarding evidence for elements of the accused crime? What evidence supports the prosecution's case? What evidence is not consistent with the prosecution's argument? | ||
* If the prosecutor cannot present sufficient evidence to support the charged offense or even support a lighter offense, the legal aid lawyer shall point out the insufficiency of evidence to thecourt and request that the court either judge the client as innocent or dismiss the charges. | * If the prosecutor cannot present sufficient evidence to support the charged offense or even support a lighter offense, the legal aid lawyer shall point out the insufficiency of evidence to thecourt and request that the court either judge the client as innocent or dismiss the charges. | ||
| − | + | ||
| − | + | == Has the Statutory Time Limit for Criminal Prosecution Expired? == | |
| − | In view of the Section 468 of The Code of Criminal Procedure no court | + | |
| − | shall take cognizance of an offence for the following category after the | + | In view of the Section 468 of The Code of Criminal Procedure no court shall take cognizance of an offence for the following category after the expiration of a period of limitations as follows: |
| − | expiration of a period of limitations as follows: | + | |
| − | + | ||
| − | term not exceeding one year | + | |
| − | + | ||
| − | with a term exceeding one year but not exceeding three year. | + | |
| − | However, any court may take cognizance of the offence after the expiration | ||
