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Frequently Asked Questions
Cheque Bounce
No Miranda Warning is not necessary in India as confessions made to police are not admissible as evidence in any circumstances whatsoever. The same is not true for USA as statements made voluntarily to police are admissible as evidence.The Indian Constitution protects citizens from self-incrimination.
Scope of the right to remain silent. The Constitution of India, 1950 (“the Constitution“) guarantees every person the right against self-incrimination under Article 20(3) which states that “No person accused of any offense shall be compelled to be a witness against himself”.
Probation is a type of criminal sentence that allows a person to stay in the community rather than serve time in prison as long as he or she complies with certain conditions (like regularly reporting to a probation officer, refraining from alcohol and drugs, holding down a job, not associating with certain people and not committing further crimes). Parole is the supervised release of a prisoner from incarceration into the community before the end of his or her sentence or after a period of imprisonment has been completed. Conditions of parole are often similar to those of probation.
Victims' rights. Victims' rights are legal rights afforded to victims of crime. These may include the right to restitution, the right to a victims' advocate, the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings.
A victim can sue an offender even when the offender has been ordered to pay restitution. However, as in cases where the victim receives crime victim compensation and court-ordered restitution, victims cannot collect twice for the same loss.