Blogs
SECTION 326A WITH REFERENCE TO SECTION 307 OF THE IPC
Jan. 27, 2020 • Madhav Gawri
Harish Salve as Queen's Counsel for England and Wales
Jan. 26, 2020 • Madhav Gawri
Analysis of Order in M.C. Mehta v. Union Of India (13-1-2020)
Jan. 26, 2020 • Madhav Gawri
Consumer Rights In Digital Era
Jan. 25, 2020 • Architi Batra
In this digital era the rights of the consumers’ needs to be protected and for that the state has the responsibility to make the consumer’s aware of their rights.
Insanity, Infancy, Intoxication; as Defenses available to the Criminals
Jan. 25, 2020 • Samiksha Gupta
Mens rea is basically the crux of the criminal act. And if it is not present, no one could be punished because he is innocent. Defenses are available so as no injustice could be done to the faultless person, undoubtedly, these are different in each case. Insanity, Infancy and Intoxication are basic defenses which would be further discussed in the following article.
Analysis: SC (Amendment) Rules 2019
Jan. 25, 2020 • Samiksha Gupta
Basic rights of accused in criminal proceedings
Jan. 25, 2020 • Samiksha Gupta
Justice Delayed Is Justice Denied
Jan. 24, 2020 • Architi Batra
In the present scenario of the Indian legal and judicial system, denial of justice to the trial prisoners in India is the sole responsibility of a slow disposal system. The right to a speedy trial which is a part of our fundamental rights is the essence of the Indian Criminal Justice system. Failure to take necessary measures results in loss of faith in the people from the judicial system as well as it uncertainly undermines the foundation of the Criminal Trial Jurisprudence. Justice must prevail for all and it should be understood that the innocent ones don’t suffer while the criminal rides freely without any guilt. Justice should be delivered within a reasonable time period. Both parties should be heard which is the basic part of any justice system.
Rise In Encounter Killings: The Result As Well As Consequence Of Eroding Credibility
Jan. 24, 2020 • Architi Batra
This article delves into finding how a rise in encounter killings has emerged as a result as well as a consequence of the erosion of credibility of the criminal justice system.
Access to justice and protection for victims and witnesses
Jan. 24, 2020 • Architi Batra
The effect of crime on the people can be extreme. Victims experience the ill effects of physical and mental harms. Witnesses or their families are exploited, and even their lives are threatened. There ought to be incentives by judicial system for securing such individuals
Misuse of the Protection of Women from Domestic Violence Act, 2005
Jan. 23, 2020 • Architi Batra
Health And Reproductive Rights Of Women: A Comment On The Abortion Laws Around The World
Jan. 23, 2020 • Architi Batra
By the end of the 19th century, abortion was legally restricted almost in every country. Some of the countries are – Europe, Britain, France, Italy, Spain, and Portugal-who had imposed their own laws forbidding abortion. Abortion has been always been a subject matter of dignity and reputation of the woman’s life even whereas on the complete opposite, in many countries it is completely legal and there’s another category where the countries don’t allow where the women’s life is at risk. There are many methods of abortion. The procedure is largely dependent on the stage of pregnancy. The only stipulation is that it has to be to “save the life of the mother”. The same is now provided under Sec. 5 of the MTP ACT.
Extraordinary Powers of the Supreme Court under Article 142
Jan. 23, 2020 • Madhav Gawri
An Empirical Study On The Status Of Transgenders In The Indian Society
Jan. 23, 2020 • Architi Batra
Each and every society in this world consists of diversity. While some diversity is created by God, some are enhanced by society which can be positive as well as negative. Like male and females transgender are also part of society but they don't see as much acceptance. Their diversity is not taken in a positive manner by the society. Our constitution says that India is not a nation of uniformity but a nation of inclusiveness but the strange thing is that a naturally different human being does not seem to enjoy all the rights provided in the constitution.
This study is aimed at understanding the social, economic, health and educational status of Transgenders and the stigma related to them being a transgender.
The first section provides a brief introduction. The second section consists of historical aspect, section three provides survey result and finally from this study we conclude what can be done to improve their situation in society.
The UAPA Law and the Human Rights Concerns
Jan. 23, 2020 • Madhav Gawri
Misuse of Section-498A of Indian Penal Code, 1860
Jan. 23, 2020 • Architi Batra
This paper explores the implementation and the misapplication or misuse of Section-498A of the Indian Penal Code, 1860. The genesis and need for this section as a matrimonial remedy. The section was inserted by the Criminal law (second amendment) Act in the year 1983. The scope of the section has been widened by various judgments. Highlighting the misuse of this remedy by vexatious cases against innocent husbands and in-laws. Various judgments of the High Court and the Supreme Court show the misuse of this section.
Citizenship (Amendment) Act, 2019: An Analysis
Jan. 22, 2020 • Madhav Gawri
The rise in internet shutdowns: To what extent it is justified
Jan. 22, 2020 • Madhav Gawri
Death Sentence For Murder U/S Sec. 302 & 303 Of The Indian Penal Code, 1860: An Analysis
Jan. 21, 2020 • Architi Batra
The law and order within a state are maintained through a harmonious balance of administration of Justice, the realization of its existence within the citizens and the importance of the state. The state defines the rights and duties of its citizens. It protects rights and enforces the duties for the welfare of the common people. Law is a very wide subject and covers remedies for every illegal action to provide justice.
According to Sec 302 of the Indian Penal Code, 1860, whoever commits murder shall be punished with death or imprisonment of life, and shall also be liable to fine.
As per Sec 303 of Indian Penal Code, 1860 whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.
Offenses under Sec 302 and Sec 303 of INDIAN PENAL CODE are cognizable, non-cognizable and triable by the Court of Session.
Justice loses character if it becomes revenge
Jan. 21, 2020 • Architi Batra
In the aftermath of Hyderabad incident CJI SA Bobde said that “Justice can never be instant as it loses its character when it becomes revenge” as after quoted “Justice hurried is justice worried justice delayed is justice denied”