Latest from Criminal Law

The Enduring Mystery of Natalie Wood: A Drowning Shrouded in Uncertainty

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The tragic passing of Natalie Wood, a luminous star of Hollywood's golden age renowned for her roles in classics like "Miracle on 34th Street," "Rebel Without a Cause," and ...

The Tangible Truth: The Intertwined Roles of Case Property and Third-Party Pr...

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The Indian legal system, in its pursuit of justice, leans heavily on tangible realities. Two critical facets of this pursuit, seemingly disparate yet united by the underlying principle of provi...

Compounding of Offences in Indian Criminal Law: A Critical Analysis

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The pursuit of justice often involves navigating a complex legal landscape. Within criminal law, the "compounding of offences" offers a distinctive resolution, particularly when invol...

Penal Laws On Crossroads: Deciphering Bharatiya Nyaya Sanhita Vis-A-Vis India...

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Bharatiya Nyaya Sanhita (hereafter would be mentioned as BNS) is being passed by the governing body to supplant the colonial laws specified within the Indian Penal Code (hereafter would be ment...

Monitoring Of Investigation By The Court: Safeguarding Justice And Upholding ...

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A fair legal system depends on the integrity of its investigations. Law enforcement's evidence gathering is crucial for protecting the innocent and holding the guilty accountable. However, inve...

The Intertwined Paths Of Justice: Resolving Criminal Cross-Complaints - Compl...

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Legal proceedings often encounter situations where a single event triggers multiple criminal complaints, presenting a complex web for the courts to navigate. This intersection demands a careful...

Procedure Of Police Investigation Of Cross Cases: Complaint And Counter-Compl...

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When managing cross-complaints stemming from a single incident, police investigations must emphasize unbiasedness and a complete understanding of the situation. Detectives should take all claim...

Criminalizing Ticket Scalping Under the Bharatiya Nyaya Sanhita: Addressing B...

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Section 112 of the Bharatiya Nyaya Sanhita (BNS), 2023, represents a significant development in India's legal approach to economic offences, specifically addressing ticket scalping. This articl...

Section 336 BNSS, 2023: Modern Evidentiary Weight of Public Servants, Experts...

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Indian criminal law is constantly evolving to meet modern needs and technological advancements. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is a significant step in this evolution, con...

The Unsolved Case Of The Black Dahlia: A Study In Brutality And Enduring Mystery

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True crime history is filled with dark stories, but few have gripped the public imagination like the murder of Elizabeth Short, infamously known as "The Black Dahlia." In January 1947...

The Hijacking of EgyptAir Flight 648: Jackie Nink Pflug's Legal Battle, Survi...

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The hijacking of Egypt Air Flight 648 on November 23, 1985, was a day of immense tragedy and fear, forever etched in aviation history. As the plane took off from Athens, Greece, three hijackers...

The Resilience of Natascha Kampusch: A Decade in Darkness and the Triumph of ...

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Natascha Kampusch's name is synonymous with a harrowing tale of abduction, isolation, and extraordinary resilience. Her story, a stark illustration of childhood's vulnerability and the human sp...

A Trail of Death: The Puzzling Case of Blanche Taylor Moore

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The life of Blanche Taylor Moore is a chilling tapestry woven with threads of love, loss, and a disturbing pattern of untimely deaths surrounding the men who entered her orbit. This sinister sa...

Religious Crimes and Legal Responses

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Religious crimes are one of the major problems of modern times, especially in countries like India where the society is so diversed. These crime incidents that are born out of intolerance and p...

The Grisly Case of Edmund Kemper: A Descent into Violence and Matricide

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Edmund Kemper's life was a chilling descent into darkness, rooted in the profound trauma of his childhood. His mother, Clarnell, inflicted years of unrelenting abuse. Confined to the basement, ...

The Crime Perception Paradox: Why Fear Persists Despite Falling Rates

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Despite significant declines in crime rates across the U.S. and globally, public fear of crime remains stubbornly high. This article investigates this disconnect, examining the statistical evid...

Dishonest Misappropriation and Criminal Breach of Trust

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Dishonest misappropriation of property and criminal breach of trust are two offenses under the Indian Penal Code, 1860, and Bharatiya Nyaya Sanhita 2023 which deal with wrongful possession and ...

Deciphering The New Criminal Laws In India A Closer Look

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Indian criminal laws from the English time are being supplanted by bills passed by the Parliament, which is by all accounts a significant stage towards modernizing the general set of laws in th...

India's Criminal Law Reforms : A Critical Analysis Of The BNS,BNSS,AND BSA

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In a historic legislative move , the Indian government has proposed a complete overhaul of its colonial era criminal laws. The three new bills – Bhartiya Nyaya Sanhita (BNS), Bhartiya Nagrik ...

The Criminalization Of Marital Rape In India: Legal Gaps And The Need For Reform

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Marriage traditions that create romantic images of deep love and complete mutual respect and enduring companionship actually include a troubling legal hole affecting many regions worldwide incl...

Digital Rape And It's Legal Aspects In India

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After reading the term "digital rape" people usually mis conceptualise the term with a rape that would have been conducted with the use of any kind of digital technology .The term could be inte...

Betty Broderick: The Deadly Culmination of a Love Triangle

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The story of Betty Broderick is a chilling account of a marriage destroyed by infidelity, resentment, and ultimately, fatal violence. Initially, Betty dedicated herself to supporting her husban...

Senior Center: The Note Before the Blaze The Murder of Louise Paciello

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The piercing shriek of sirens ripped through the tranquil atmosphere of a senior citizen apartment complex nestled in Yonkers, New York, at precisely 6:00 p.m. on August 22, 2007. Firefighters,...

The Captive Collaboration: The Abductions of Shin Sang-ok and Choi Eun-hee

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During Kim Il-sung's reign as North Korea's Supreme Leader, his son Kim Jong-il took control of the Propaganda and Agitation Department in 1967. At just 25 years old, Kim Jong-il exerted signif...

Belle Gunness: The Mistress Of Murder Farm-The Chilling Story Of America’s ...

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In the annals of American true crime, few figures loom as chillingly as Belle Gunness - the so-called Mistress of Murder Farm. Born Brynhild Paulsdatter Størseth in Selbu, Norway, in 1859, she...

Murder Under Clauses 101 and 103: Legal Insights and Case Studies

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Murder (Clauses 101, 103) [Murder 101 BNS] S101 of Sanhita deals with the cases where culpable homicide is murder. A case of culpable homicide is murder if it: Falls unde...

Role of the Judiciary in Addressing Custodial Violence in India

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In India, the Rule of Law is of the utmost importance. To uphold this very principle, law enforcement bodies are set up. Consequently, such bodies do have certain powers which having the force ...

Stella Nickell and the Excedrin Murders: A Web of Cyanide and Suspicion

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June 11, 1986, began as an ordinary Wednesday for Susan Snow, but it quickly turned tragic. Shortly after taking two Excedrin capsules, she collapsed and died later that day in an Auburn, Washi...

Crimes and Social Fabric

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Criminal Offences are those which endanger or pose a threat to the social, societal fabric. A Society, may it be of any kind, even a single family or be it a group of hunters and gatherers, ...

Daytime Drama Turned Deadly: The Murder of Scott Amedure

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The 1995 murder of Scott Amedure, a tragedy born from the sensationalism of daytime television, remains a haunting example of the dangers of exploitative media. Amedure's appearance on The Je...

Nannie Doss: Unmasking the Giggling Granny and Her Deadly Pursuit of Love

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Born in 1905 as Nancy Hazel, Nannie Doss presented a facade that belied the chilling reality she would become. Her mother's romantic magazine columns painted an image of ideal love, a stark con...

Laws on Terrorism in India: A Comprehensive Overview

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One of the biggest dangers to both national and international security is still terrorism. The complex nature of terrorism in India, which is motivated by regional, religious, and ideological f...

The Hidden Truth: Most Crimes Go Unreported And Many Will Remain Unsolved

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A significant, yet often overlooked, crisis exists within the criminal justice system: the substantial underreporting of crimes combined with persistently low rates of crime clearance. This hid...

Culpable Homicide Under Bharatiya Nyaya Sanhita: A Complete Guide to Clauses ...

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Culpable Homicide (Clauses 100, 105)Introduction: - Homicide is killing of a human being by a human being. It may be either lawful or unlawful. Death means the death of human being. It is not n...

The Shadow Of Sound: Lana Clarkson's Tragic Fate And The Lingering Specter Of...

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The year 2003 began with a shocking headline that reverberated through Hollywood and the music world: the death of Lana Clarkson at the home of Phil Spector, the legendary music producer. Their...

Forced Sterilization, the Cooper Hewitt Case, and Enduring Eugenic Ideology i...

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The 1936 Ann Cooper Hewitt case in San Francisco exposed the disturbing abuses of the American eugenics movement. When Ann Cooper Hewitt, a twenty-one-year-old heiress, sued her mother, Maryon,...

The Unsolved Case of Keith Warren: A Mother's Lifelong Mission, A Daughter's ...

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In the summer of 1986, Mary Couey's world shattered with the death of her son, Keith Warren, a vibrant young man on the verge of starting college. Found hanging from a tree near their Maryland ...

Civil And Criminal Law Intersections In India: Implications For Effective Dis...

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The Indian legal framework distinctly categorizes wrongs as civil or criminal, with each having its own purpose, procedural path, and remedy. Civil law seeks restitution between individuals, wh...

The Legal Framework Surrounding The Rights Of Prisoners: A Comparative Analysis

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The study mentions India's legal system related to undertrial prisoners. The rights and treatment of undertrial prisoners - those who are waiting for trial or punishment in the criminal justice...

Understanding The Industrial Employment (Standing Orders) Act, 1946 And Its 2...

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In India, labour regulations have been critical in balancing the interests of businesses and employees. Among them, the Industrial Employment (Standing Orders) Act of 1946 stands out as an importa...

The Chicago Tylenol Murders: When Trust Became Deadly and Safety Was Reborn

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In the fall of 1982, a wave of terror gripped Chicago and the nation. A seemingly harmless over-the-counter pain reliever, Tylenol, became an instrument of death. The Chicago Tylenol murders, c...

Shattered Trust: The Jennifer Morey Story of Survival and Resilience

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Jennifer Morey, like countless ambitious young professionals, sought a residence that offered both comfort and a sense of security. Her decision to reside at Bayou Park Apartments in Houston, T...

Isabella Goodwin: A Pioneer in Law Enforcement

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In an era defined by limited opportunities for women, Isabella Goodwin defied societal norms and revolutionized the New York Police Department (NYPD). Her journey began with tragedy in 1896 whe...

Criminal Justice And Mental Health: A Modus Vivendi And Exigency Of Rectifica...

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The International Criminal Law diaspora under compensates individuals who are frequent victims of atrocities conducted in a cross-border stature. War crimes, crimes against humanity, and genoc...

Drafting of Bail Application, Writ Petition 482 Cr. P.C., Petition, Public In...

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Drafting is the bedrock of effective legal practice, particularly in the realm of criminal law where the stakes are incredibly high. The liberty of an individual, the preservation of public ord...

White-Collar Crimes in India: Types, Laws, and High-Profile Cases Explained

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A range of nonviolent crimes, known as "white-collar crimes," are frequently perpetrated for financial advantage in professional or corporate settings. The majority of these offenses ...

The Greyhound Bus Murder: A Chronicle of Bizarre Brutality

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July 30, 2008, began as an ordinary evening for passengers aboard a Greyhound bus traveling from Edmonton to Winnipeg, but would soon become etched in infamy as the scene of a horrific and inex...

A Story Of Obsession, Violence And A Bizarre Romance

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We are often moved by uplifting tales of victims finding love with their rescuers, stories that reaffirm our faith in the healing power of human connection in the aftermath of trauma. However, ...

The Gruesome Trade: Body Snatching and the Quest for Anatomical Knowledge in ...

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Late 18th and early 19th century England's burgeoning medical schools desperately needed cadavers for anatomical dissection to train future surgeons and physicians, but legal avenues for obtain...

Gender Neutral Rape Laws: Need For An Inclusive Regime

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Through a variety of laws and provisions, the Indian Constitution aims to eliminate disparities between different socioeconomic groups and provide everyone with equality of status and opportuni...

Contraband in Prison: A Tragic Outcome

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This story paints a stark and tragic picture of the desperate measures individuals may take within the confines of a prison system and the devastating consequences that can ensue. It recounts t...

Comprehensive Analysis Of The Bail And Bond System In India

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Freedom is one of the quintessential human rights which is necessary for human existence of an individual this freedom is never an absolute right, being subject to certain reasonable limitation...

Tattoo Analysis: A Growing Field in Forensic Science

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Tattoos, which are lasting skin markings, have traditionally been viewed as personal stories, cultural symbols, and even expressions of rebellion. While tattoos hold diverse significance in lif...

Mitchell v. Kallas: A Seventh Circuit Landmark Decision on Incarcerated Indiv...

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Mitchell v. Kallas (2018): Case Summary and Legal Analysis Mitchell v. Kallas, decided by the United States Court of Appeals for the Seventh Circuit on July 10, 2...

Acquittal and Public Employment: Supreme Court Ruling in State of Rajasthan v...

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Case: State Of Rajasthan & Ors V. Love Kush Meena Court: The Supreme Court of India Petitioner: State of Rajasthan & Ors Respondent: Love Kush Meena Date of Judgement: Marc...

Prison Riots: Causes, Consequences, and Prevention Strategies

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This paper addresses the serious problem of prison riots and investigates the various factors that contribute to their emergence. While it underscores that inadequate living conditions are the ...

Necrophilia: A Horrendous Act Or A Legal Lapse?

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The Indian Criminal System penalises violation of dignity of an alive woman, while overlooks similar deed to a corpse, regardless of the morbid nature of act- the outlook contested by the Karna...

Gender Disparities In The Criminal Justice System: A Comparative Study Of Ind...

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Diverse treatment meted out within the structures of the criminal justice system on account of the sex of the individual in question, such as legal, sentencing, or in the verdict passed by a ju...

The Impact of Non-Examination of the Investigating Officer on Conviction: A J...

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The cornerstone of a fair criminal trial lies in the meticulous presentation and scrutiny of evidence. While the role of the Investigating Officer (IO) is undeniably crucial in gathering and pr...

Pre-FIR Counselling in India: Exploring the Legal Landscape for Fostering Ami...

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The formal lodging of a First Information Report (FIR) in India marks the commencement of the adversarial criminal justice process. Often, this immediate initiation overlooks opportunities for ...

Electronic Records In Legal Proceedings: Admissibility, Proof And Judicial In...

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21st Century is the often categorized as the century of innovation and modernity. Invention and genesis of computer and other tech devices is one of the most contributing factors to such modern...

The Prevention of Money Laundering Act and the Indian Constitution: A Study o...

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The Prevention of Money Laundering Act of 2002 (PMLA) is a crucial legislation in India's battle against economic offenses, passed as a result of global undertakings under agreements like the V...

The Role Of Victim Compensation Scheme: Healing Via Justice

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The Victim Compensation Scheme is a significant piece of legislation that attempts to provide financial aid and rehabilitation to victims of crime. According to Section 396 of the Bhartiya Naga...

The Reliability of Police Officer Testimony: An Analysis of Ram Kumar v. Stat...

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The Supreme Court judgment in Ram Kumar v. State (NCT) of Delhi [(AIR 1999 SC 2259)] addresses a critical question in the administration of criminal justice: the evidentiary value and reliabili...

The Primacy of Eyewitness Testimony: Analyzing Darshan Singh v/s Haryana

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The Supreme Court's decision in Darshan Singh v. State of Haryana (AIR 1997 SC 364) lays down a significant principle regarding the evaluation of conflicting evidence in criminal trials, partic...

Unravelling Joint Liability and the Ephemeral Nature of Common Intention: An ...

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The Supreme Court's judgment in State of Rajasthan v. Gurbachan Singh, 2022 Live Law (SC) 1028, provides a concise yet crucial exposition on the principles of joint liability under Section 34 o...

The Fluidity of Common Intention: Analyzing Maheshwari Jadav v/s Bihar

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The Supreme Court's decision in Maheshwari Jadav v. State of Bihar, 2023 Live Law (SC) 1063, while seemingly reiterating a settled principle of law, serves as a crucial reminder of the nuanced ...

Emerging Global Challenges in Alternative Dispute Resolution (ADR)

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Alternative Dispute Resolution (ADR) has become a favoured method for resolving conflicts globally, offering an alternative to conventional court proceedings. Techniques like mediation, arbitra...

Handling Crippling Stop Investigation Orders by High Courts: Strategies for I...

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When a High Court issues a "stop investigation" order, investigating police officers are legally prohibited from continuing their investigations into the concerned cases. These orders...

Swift Police Action Secures Safe Return of 3-Year-Old, Unveils Hidden Traffic...

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Introduction-A Mother's Nightmare Unfolds:The 5th of March, 2025, began as an ordinary day for a girl child, a resident of Dhaniakhali, Hooghly. She found herself at the bustling Howrah Railway S...

Whether Suo Moto Power Under Section 482 Of Cr.PC Mere A Toothless Tiger?

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The article analyses the recent suo motu action taken by Hon'ble Patna High in the matter of Pramod Saini v State of Bihar & others.[1] which was being considered as a crucial and positive ...

Supplementary Charge Sheet And Further Investigation Under Section 193(9) Of ...

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Supplementary charge sheets in India are governed by Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section empowers the police to conduct further investigation and...

Is It Right To For An Advocate To Defend A Client Who Is Known To Be Guilty?

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Criminal defence advocates, defending the accused persons who have been considered by the people to be guilty in heinous crimes, are at the receiving end many a time. The public at large, a sec...

The Laxmi Case: A Landmark Judgment in the Fight Against Acid Attacks and Gen...

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"While another held my hands and legs, one of them pinned me to the ground. My boyfriend's father then poured acid down my throat. She lost consciousness and started to drift. They took of...

Marital Rape: Legal Perspective, Cultural Attitude And Stigma

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Rape is one of the heinous crime which can be committed against the consent of woman in society. Marital rape is a critical issue which represents the concern of human rights of woman . Marital...

Case Law Regarding IPC 1860, Section 304

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Shilpa Mittal v. State of NCT Delhi & Ors. Court: The Supreme Court of India Citation: AIR 2020 SC 405 Appellant: Shilpa Mittal Respondent: State of NC...

Review The Proceeding And Punishments Available For The Contempt Of Court

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Throughout history, the term 'contempt' has referred to acts of defiance against the directives of a sovereign ruler or governmental authority. Even in ancient times, any act of disobedience di...

Robotic Dogs: Revolutionizing Law Enforcement

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Robotics has advanced at an extraordinary pace, and the emergence of robotic dogs represents a particularly compelling and fascinating development within the field. These sophisticated machines...

Culpable Homicide Is The Genus And Murder Is Its Species

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"Culpable homicide is the genus, and murder is its species" is a key idea in criminal law, especially when it comes to the categorization of crimes including homicide. The philosophic...

White-Collar Crimes Arising Legal Challenges

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White-collar crimes, frequently characterized by non-violent, financially driven offenses, are generally executed by individuality, commercial realities, or governmental officers within their...

Sexual Abuse Of Children And It's Effects

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Sexual Abuse of Children and Its Effects What is Sexual Abuse? Sexual abuse is a heinous offence that gives a lifetime of trauma to the victim. It affects the overall development an...

The Impact Of Forensic Technology On Crime Scene Investigation: Advances, Cha...

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Crime Scene A crime scene is defined as the location in which a crime has been committed or where any evidence related to the crime can be found. It is the first indicat...

A Child Witness: Reliable Or Competent?

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Who is the child? The Juvenile Justice (Care and Protection of Children) Act defines a "child" under Section 2(12) as a person who has not completed eighteen years of age. ...

A Brief Of Nirbhaya Case (2012)

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Nirbhaya Case (2012) On December 12, 2012, a 23-year-old woman (later called Nirbhaya by the media) was brutally gang-raped and assaulted on a moving bus in Delhi. The incident ...

From Consent To Protection: Examining The Legal Landscape Of Statutory Rape

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Statutory Rape: A Law of Consent, Age, and Social Norms Statutory rape is considered a serious issue of law, which raises very tough questions regarding consent, age, and social norms. In fact,...

Possibility of Transfer of Criminal Cases Related to Family Matters

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In India 'family matters' refers to legal issue related to divorce, adoption, marriage, child custody, alimony, domestic violence, and inheritance all of these come under the family matters. ...

Acid Attacks: Burned But Not Broken

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Acid attacks are a cruel form of violence that causes permanent physical, psychological, and social harm to victims. This form of violence involves the intentional throwing of corrosive substan...

Plea Bargaining in Indian Criminal Law: Scope and Challenges

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Plea bargaining, a legal mechanism that allows an accused to negotiate a guilty plea in exchange for a lesser sentence or charge, has garnered attention in Indian criminal jurisprudence. Introd...

Judicial Oversight in Action: The Case of Shyamal Chandra Pal and Wrongful Co...

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The case of Shyamal Chandra Pal v. The State of West Bengal (CRR 205 of 2022) before the Calcutta High Court is a stark illustration of how systemic failures can lead to profound inju...

The Enduring Role Of Police Horses: Tradition, Tactics And Tomorrow

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Horses have been a vital component of law enforcement for centuries, serving essential functions in maintaining order, patrolling challenging terrains, and fostering community connections. Desp...

Rape on the Pretext of a False Marriage Promise: Legal Analysis & Case Insights

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In this Article we will endeavour to understand the concept of Statutory Rape as was enshrined in the Indian Penal Code, 1860 and now its newer Avtar as Bhartiya Nyaya Sanhita,2024. Through the...

FIR: First Information Report And Police Complaint-How It Works

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The term first information report has not been defined in the code of procedure rather the term has not been used expert in section 207 which requires the magistrate to furnish to the accused a...

What Are The Four Types Of Bail?

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What Do You Mean By Bail?Bail in simple language means a relief for a person who is accused of any particular crime in our country. It is technically known as the fundamental concept in the Ind...

Men As Victims Of Stalking In Modern Society: An Exploration Of Laws And Reme...

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Everyone wishes to feel safe, regardless of gender. Stalking is not a women's issue or a men's issue; it's a human rights issue.Tracing back to the history, the patriarchal society doesn't prov...

Concealed Crimes And Unending Pain: Who Will Be The Voice For The Voiceless V...

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The Bharatiya Nyaya Sanhita (BNS) applies to reported murder cases, and the accused is subject to punishment under its provisions. The victim's family receives compensation from the state. The ...

Exceptions to the Rule of Hearsay

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To meet the ends of justice and to rely on the testimony given by the concerned party, evidence is presented before the Hon'ble Court. The term 'evidence' is classified into various types ...

The Omission Of Section 377: A Flawed Overhaul Of India’s Criminal Justice ...

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The introduction of three new codes of criminal law in India which will replace the IPC 1860, the CrPC 1973, and the Indian Evidence Act 1872 respectively, with the coming of Bharatiya Nyaya Sa...

The Unspoken Crime: Addressing Marital Rape in India's Legal System

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A man is a man; an act is an act; rape is a rape; be it performed by a man "husband" on the woman "wife" Marital rape is still not considered a heinous crime in countless countries, leaving ...

NDPS ACT, 1985

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As we all know, there are many kinds of drugs in society which have scientific and medical uses, but these days people use them illegally. There are certain acts made by parliament to prevent u...

Black Warrant: A Judicial Mandate for Execution

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A black warrant, formally known as a "warrant for execution of sentence of death," is a sombre judicial order issued by a court to authorize the execution of an individual who has bee...

Permissible And Impermissible Questions During Examination Of Witness

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'In an ordinary proceeding to establish the facts stated by the parties of the concerned case, evidence is one of the most essential aspects. For evidence to be admissible, it must be accurate ...

The Interplay Of Law And Psychology: Shaping Justice

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Law and psychology exist in a symbiotic relationship, each field profoundly impacting the other. Legal systems create the framework of rules and principles intended to regulate human conduct, w...

Challenges In Police Investigations: Legal, Procedural And Systemic Hurdles T...

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Police investigations are systematic endeavours aimed at solving crimes and upholding justice through meticulous evidence collection, suspect identification, and event reconstruction. This mult...

SC Permits Second FIR for Separate Offences

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In a landmark decision delivered on February 19, 2025, the Supreme Court of India provided significant clarification regarding the legality of registering multiple First Information Reports (FI...

Supreme Court Overturns Culpable Homicide Charges Against Doctor in Tele-Pres...

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The Supreme Court of India, on February 21, 2025, overturned culpable homicide charges against a doctor who prescribed medication to a nurse via telephone. In a landmark judgment with far-reac...

Drones in Prisons: Advantages, Challenges, and Legal Implications

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The incorporation of drone technology is transforming numerous industries, including the correctional system. Prisons globally are increasingly deploying drones for both legitimate security and...

Preventive Arrest: Legal Basis and Necessity

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Preventive arrest is a legal measure that allows law enforcement to detain an individual before they commit a crime, if there's reasonable belief they pose a threat to public peace, order, or n...

Summoned by the Police: Know Your Rights and Responsibilities

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Being summoned by the police can naturally cause anxiety. However, it's vital to be aware of your legal rights and remember your legal responsibilities in this situation. Whether you are called...

GD v/s FIR: Understanding the Legal Differences

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General Diary:A General Diary (GD) is an official log kept at every police station to chronicle daily operations, grievances, and noteworthy occurrences. It functions as a repository for police...

Mumbai Police Rebellion: Discipline Shaken; Leadership Tested

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The year 1981 saw unprecedented unrest within the Mumbai police force. K.P. Medhekar, the police commissioner at the time, had only served for four months before being elevated to the position ...

Exception Of Hear-Say Rule Of Evidence

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Facts forming parts of the same transaction = The doctrine of Res Gestae. The literal meaning of Res Gestae is - things done Res gestae is a doctrine developed under English law and can be under...

Constitutional Provision Relating To Right To Bail In India

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A Bail is a judicial process that must be conducted impartially, judicially, and by statutory and constitutional prescripts. Bail is a right to liberty in criminal jurisprudence. It reflects th...

Dying Declarations in India: Legal Provisions, Evidentiary Value, and Judicia...

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In a recent judgment, Justice Bhuyan observed that: "Acceptability of a dying declaration is greater because the declaration is made in extremity. When a party is on the verge of death, one ra...

Reinterpreting Legal Boundaries: How High Courts Can Resolve Even Non-Compoun...

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The established legal principle that a High Court possesses the authority to terminate criminal proceedings, even those involving offences traditionally considered non-compoundable, when partie...

Analysis of the Supreme Court's Judgment in Karuppudayar v/s State: Caste-bas...

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In Karuppudayar v. State 2025 the Supreme Court of India on 31.01.2025 overturned a case filed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). ...

Justice For All: The Urgent Need For Gender Neutral Rape Provisions

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In the country where there is continuous fight for gender equality and gender-neutral rape laws it is paradoxical note that the laws for heinous crimes like rape remain to be patriarchal and ex...

SC: Police Can't Serve Section 41A CrPC/35 BNSS Notices via WhatsApp or Elect...

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The Supreme Court of India has issued a directive prohibiting police from serving notices under Section 41A of the Code of Criminal Procedure (CrPC) or Section 35 of the Bharatiya Nagarik Surak...

All Confessions Are Admissions But All Admissions Are Not Confessions

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This statement forms an essential part of the jurisprudence surrounding the law of evidence. It emphasizes the relationship and distinction between "admissions" and "confessions,...

Understanding The Fine Line Between Critique And Defamation

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Have you ever wondered when someone could sue you for defamation, even though all you did was provide a critical review or express your opinion? The distinction between a negative review or str...

Doctrine Of Estoppel: Principles Of Equity, Justice, And Fairness

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The doctrine of estoppel is a legal principle aimed at preventing injustice by prohibiting a person from going back on their word when their representation or conduct has induced reliance to th...

A Study Of Capital Punishment According To The Indian Law

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'Rarest of the Rare' is the principle applied for granting capital punishment in India, but should this rule be made applicable to all types of crimes in India ? This research paper is a study ...

Virsa Singh v/s Punjab AIR 1958 SC 465: Intent and Bodily Injury under Sectio...

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Case Analysis on Virsa Singh v State of Punjab AIR 1958 SC 465 Background The judgment was delivered by Justice Vivian Bose, who was born on 9 June 1891 in Ahmedabad, Gujarat. He served in the N...

The Aftermath of a Not Guilty Verdict: More Than Freedom at Stake

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A not-guilty verdict, while seemingly offering refuge from the legal system, often provides only a fragile respite for the defendant. The truth is that the simple act of being accused of a crim...

POCSO Act Of 2012 And It’s Relevant Provisions, Challenges

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Children are a crucial element of society and the future of any nation. They play an essential role in shaping a country's cultural, economic, and social fabric. Unfortunately, child sexual abu...

Evaluation of the Private Security Agencies (Regulation) Act, 2005

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The Private Security Agencies (Regulation) Act of 2005 (PSARA) was created to regulate the burgeoning private security sector, protecting individuals and organizations by standardizing operatio...

The First City To Enact New Criminal Laws Is Chandigarh

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Prime Minister Narendra Modi declared this month that Chandigarh has successfully implemented three criminal laws: the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the B...

Malum In Se: An Analysis With Examples And Case Laws

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Introduction to Malum in Se:"Malum in se," a Latin term meaning "wrong in itself," describes actions inherently immoral, illegal, or harmful. These acts are considered univers...

Analysing The Dichotomy Between Sec.160(1) And 41A Of Crpc

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The section 160 comes under Chapter 12 of Crpc which reads, "Information to the Police and their powers to investigate" thus, it expressly deals with the power of the police to require attendan...

Mistake Of Fact And Mistake Of Law

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The concept of mistake of fact and mistake of law is a fundamental aspect of criminal jurisprudence that plays a pivotal role in determining the culpability of an individual under the Indian Pe...

From Pixels to Proof: Understanding the Legal Weight of Screenshots in Litiga...

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With the rise of digital communication and social media, screenshots have become an essential form of evidence in modern litigation. Their convenience, speed of creation, and widespread use has...

Historical Background Of IPC And BNS

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This blog will talk about the historical background of the Indian Penal Code, 1860, and Bharatiya Nyaya Sanhita, 2023 which provide key guidelines for penalizing crimes in India Introductio...

Marital Rape And False Promise of Marriage: Key Judgments and Legal Evolution...

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In this article, we will endeavour to understand the concept of Statutory Rape as was enshrined in the Indian Penal Code, 1860, and now its newer avatar as Bhartiya Nyaya Sanhita, 2024. Through the...

Key Flaws in the Bharatiya Nagarik Suraksha Sanhita

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The Bharatiya Nagarik Suraksha Sanhita (BNSS), launched in 2023, replaces the longstanding Criminal Procedure Code (CrPC) enacted in 1973, signifying a significant transformation within India's...

Curtailment Of Police Powers In Drug And Cosmetics Act Cases By Order Of The ...

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In the case of Rakesh Kumar v. State of Bihar, the Supreme Court in March 2024, presided over by Justices Hrishikesh Roy and Prashant Kumar Mishra, ruled that proceedings initiated under the Dr...

The Right to Private Defence: A Legal Overview

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The fundamental legal principle of private defence, enshrined in Sections 34 to 44 of the Bharatiya Nyaya Sanhita (BNS) 2023, grants individuals the inherent right to proactively safeguard them...

Handling Criminal Cases and Departmental Proceedings Arising from the Same Facts

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Criminal cases and departmental proceedings often stem from the same set of events. While seemingly similar, they have distinct objectives, procedures, and potential outcomes. Understanding the...

A Call For Gender Inclusivity In Criminal Laws

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We live in a postmodern society, where apparently the perception of truth is distorted as Steve Tesich refers to it as the [1]'post truth society'. Law today has a close affinity towards the pe...

Wife Nikita Is Granted Bail In The Atul Subhash Suicide Case

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The deceased's wife, Nikita, was granted bail by a local court since she was the subject of a police investigation into her suspected role in aiding and abetting suicide. Due to its delicate ch...

Necrophilia: An Evil Of Civilized Society

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Our country is considered for higher crime rate , with a rape being the fourth in a position of most common crime which occur in our country, which is not a good remark for our nation. Till ...

Judicial Responsibility: Securing Compensation for Crime Victims

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The judiciary is crucial for justice, extending beyond punishment to include compensating crime victims. This compensation provides redress for harm, restores dignity, and offers financial supp...

Rape: A Gender-Neutral Offence

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"A murderer kills the body but a rapist kills the soul." - Justice Krishna Iyer  This article deals with the unanswered questions that the Indian Legislature never answered...

Pseudo-Feminism, False Victimhood And The Distortion Of Justice

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This article explores the intersection of pseudo-feminism and false victimhood, highlighting how the former fuels the latter and undermines the pursuit of justice. Pseudo-feminism, characterize...

Role Of Artificial Intelligence In Legal Education And Legal Profession

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Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal industry is no exception. In legal education and the legal profession, AI is playing a significant ...

Who is Liable When an Unlicensed Driver Causes an Accident?

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The Fundamental Requirement of a Driving License:The Motor Vehicles Act of 1988, specifically Section 3 (1), establishes a core principle: driving a motor vehicle in a public space requires a...

Comprehensive Guide to FIR Registration and Grounds for Quashing Under Indian...

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The registration of an FIR is a first step to bring the criminal laws into motion. The term FIR was nowhere defined in the code of criminal procedure (CrPC) 1973 or Bhartiya Nagrik Suraksha San...

Laws against False Accusations: Shielding Men from Legal Exploitation

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In contemporary legal landscapes, men continue to face a paradox where the legal frameworks intended to protect individuals from abuse and injustice often overlook or even harm them. While dome...

Just Rights for Children Alliance v/s S.Harish: Supreme Court Clarifies Child...

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The matter pertains to S. Harish, an alleged owner of child pornography, based on a report from the NCRB. He had more than 100 pornographic files, including two of kid abuse, on his mobile phon...

Mitigating the Negative Impact of Social Media

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Social media encompasses online platforms and applications that empower users to produce, distribute, and engage with content. These platforms foster communication, collaboration, and content s...

An Evaluation of the Private Security Agencies (Regulation) Act, 2005

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The Private Security Agencies (Regulation) Act of 2005, often referred to as PSARA, was created to regulate the fast-expanding private security sector in India. Its main objectives include impr...

The Essential Commodities Act, 1955: Merits and Challenges

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The Essential Commodities Act (ECA) of 1955 is an important piece of legislation in India aimed at ensuring the availability of essential goods while preventing hoarding and black marketing. Al...

Can Individuals Released on Bail Be Summoned by Police for Interrogation?

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Granting bail does not signify the end of the investigative process. According to Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, police agencies are permitted to pursue the...

Why Police May Not Arrest the Accused Post-FIR: Reasons and Remedies

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When police do not carry out the arrest of an accused person after a First Information Report (FIR) has been submitted, several reasons may underlie this decision. It is crucial for complainant...

Gender Equality Under Criminal Law: Do Men Have Equal Rights and Opportunitie...

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Introduction: Gender equality in criminal law is a principle aimed at ensuring that individuals are treated equally and fairly under the law, regardless of their gender. Gender-based disc...

Prospective Bail in Indian Law: A Judicial Approach for Conditional and Futur...

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Overview of Prospective Bail: Prospective or future bail is an innovative idea that is rarely applied; it refers to a type of bail issued by a court with the expectation of a future date, inst...

Can A Charge Sheet Be Filed Against A Retired Government Employee Without San...

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Sanction acts as a protective measure, shielding public officials from unfair or vengeful prosecution for their actions taken while performing their duties. This mechanism ensures that decision...

Passport Revocation and Cancellation: Legal Challenges and Solutions

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A passport serves as an essential travel document issued by a country's government, authorizing its holder to travel internationally and return to the home country. In India, the regulation of ...

Section 78 of Bhartiya Nyaya Sanhita, 2023: Analysis and Its Reflection on In...

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Section 78 of the Bhartiya Nyaya Sanhita (BNS), 2023, marks a pivotal evolution in India's legal framework, addressing specific dimensions of justice and societal order in a technologically adv...

Passport Impoundment: Grounds and Legal Remedies

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The impounding of a passport refers to the temporary suspension of its validity by the authority that issued it. During this period, the passport is confiscated and cannot be utilized for trave...

The Rising Concerns About Misuse of Anti-Dowry And Cruelty Laws

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The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Secti...

Narcotic Control Bureau v. Kashif: Non-Compliance with Section 52A of NDPS Ac...

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Narcotic Control Bureau v/s KashifNarcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), Government of India. Official text of NDPS Act available from Ministry of Law and Justice, Gov...

Dying Declarations in Indian Law: Admissibility, Reliability, and Jurispruden...

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In the realm of legal proceedings, evidence serves as the cornerstone upon which the edifice of justice is constructed. Among the myriad forms of evidence, dying declarations occupy a unique an...

Provisions related to Rape in BNS,2023

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Nowadays you saw that rape cases in India is increasing day by day. So, the main question arises here is which act is considered as rape? What are the punishment for the accused? And the most i...

Section 318 Of BNS And False Declarations In Loan Agreements: Examining Liabi...

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The rapid increase in loan disbursals, coupled with stringent banking regulations, has led to several cases where individuals procure loans based on false declarations and misrepresentations. S...

Can a Passport Be Denied for an Ongoing Criminal Case?

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The Passports Act of 1967 regulates passport issuance in India, specifying grounds for denial, such as ongoing criminal proceedings. According to Section 6(2)(f), the passport authority can ref...

Homicide And Culpable Homicide: Distinction And Legal Framework

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Homicide and culpable homicide are key concepts in criminal law which enable differentiation in the character and severity of an act. This paper is made to understand the finer differences in t...

Relation Between Relevancy And Admissibility

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Relevancy and admissibility are related but distinct legal concepts. While all admissible evidence must be relevant, not all relevant evidence is admissible. Relevancy is the logical connection...

The Difference Between Culpable Homicide And Culpable Homicide Amounting To M...

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India has the largest constitution in the world, and being the biggest constitution implies that our country has a diverse set of laws which adhere to the variety of complex or simple issues wh...

Guide to Bail Laws in India: Key Principles, Judicial Discretion, and Anticip...

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What is Bail?Black's Law Dictionary (4th edition) describes 'bail' as procuring "the release of a person from legal custody, by undertaking that he shall appear at the time and place desig...

Can a Woman Be Liable for Gang Rape: A Jurisprudential Analysis of Sunita Pan...

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The legal question of whether a woman can be held liable for gang rape under Section 376D of the Indian Penal Code (IPC) or its corresponding Section 70 of the Bharatiya Nyaya Sanhita, 2023, ra...

The Bharatiya Sakshya Adhiniyam: A Detailed Overview of India's Evolving Lega...

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This article provides a detailed overview of the Bharatiya Sakshya Adhiniyam, 2023, India's recently enacted legislation governing the admissibility of evidence in court proceedings. It explain...

Lalita Kumari v/s Uttar Pradesh (2013): The Emergence of Zero FIR under Secti...

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The judgment in Lalita Kumari v. State of Uttar Pradesh & Ors., (2014) 2 SCC 1, occupies a seminal position in the annals of Indian jurisprudence. The verdict profoundly redefined the obligatio...

Comprehensive Legal Exposition: State of Haryana v/s Bhajan Lal (1992)

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The case of State of Haryana v. Bhajan Lal, reported in 1992 Supp (1) SCC 335, serves as a cornerstone in Indian jurisprudence, particularly concerning the misuse of criminal law. The Supreme C...

Safeguarding Personal Liberty: Joginder Kumar v/s State of Uttar Pradesh (1994)

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The landmark case of Joginder Kumar v. State of Uttar Pradesh (1994) 4 SCC 260 signifies a pivotal juncture in the evolution of constitutional jurisprudence concerning the rights of individuals...

D.K. Basu v/s State of West Bengal (1997): A Legal Treatise on Custodial Juri...

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The jurisprudence surrounding custodial violence and the protection of fundamental rights reached a seminal point in D.K. Basu v. State of West Bengal, (1997) 1 SCC 416. This landmark judgment,...

Bail in Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Cases in ...

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When it comes to getting bail under Narcotics laws, the legal position is difficult for the accused NDPS laws is one of the most brutal statutes since its inception which aim at controlling dru...

Falsus in Uno, Falsus in Omnibus: A Principle of Caution, Not a Rule of Law i...

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The maxim falsus in uno, falsus in omnibus-"false in one thing, false in everything"-finds its origins in Roman law. While its premise suggests that any falsehood in a witness's testi...

Competency of Child Witnesses Under Indian Law: Analyzing Section 124 of Bhar...

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According to Indian law, a witness is a person who provides his or her statement in court. Section 124; Bharatiya Sakshya Adhiniyam, 2023; talks about competency of witness where it clearly lay...

A Comparative Analysis of the New Criminal Legislative Framework: The Transit...

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The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), heralds a paradigmatic shift in India's criminal justice system by replacing the Indian Penal Code, 1860. With a revamped nomenclature ...

Examination of Witnesses by Police: Criminal Cases

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Long Delay in Recording: An unexplained long delay in recording the statement of a material witness in a murder case (e.g., a delay of 10 days) will render their evidence unreliable.   ...

Police Witness Examination, Legal Rights of the Accused, and Committal Procee...

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Examination of Witnesses by Police Any police officer conducting an investigation under this Chapter, or any police officer not below the rank prescribed by the State Government ...

Fratricide: A Legal and Jurisprudential Analysis

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Fratricide, a term steeped in etymological profundity, refers to the act of killing one's sibling. Though its tragic undertones evoke visceral emotions, fratricide poses complex legal questions...

The Sociological School of Criminology: Exploring Social Factors Behind Crime

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Sociology is defined as the study of social organization and institutions & of collective behaviour and interactions, including the individual's relationship to the group. This definition i...

Section 156(3) CrPC: Magistrate Powers and Police Investigations Explained

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Criminal Trial and Investigation Investigation by Police Under Section 156(3) of the Criminal Procedure Code (CrPC), a Judicial Magistrate, who is competent to take cognizance under Se...

Rajasthan Victim Compensation Scheme

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Rajasthan Victim Compensation Scheme, 2011In exercise of the powers conferred by section 357-A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), the State Government hereby fra...

Admissibility And Authentication Requirements For Audio And Video Recordings ...

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Indeed, the concept of digital evidence came in Indian court procedure after a sudden advancement of technology. Digital evidence refers to data stored, transmitted, or received by digital devi...

The Interplay Between the Narcotics Act and International Drug Control Treati...

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The connection between domestic laws, like the Narcotics Act, and international drug control treaties is pretty complex and constantly changing. Both aim to manage drug use and distribution whi...

Assessing the Reliability and Evidentiary Value of Polygraph Tests

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The polygraph test, commonly known as a lie detector test, assesses physiological reactions to evaluate honesty and deception. Despite its extensive usage in criminal investigations and many ot...

Colonial Injustice: The Criminal Tribes Act of 1871 and Its Lasting Impact on...

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The Criminal Tribes Act of 1871 was a colonial legislation enacted by the British government in India. This Act marked a significant and controversial point in the history of colonial India, re...

Victimology: History, Concepts, and the Modern Legal Framework

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Victimology is the scientific study of victims and their experiences, particularly about crimes. It emerged as a distinct field in the mid-20th century, focusing on understanding the dynamics b...

Deception and Dignity: A Critical Examination of Section 69 of the Bhartiya ...

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As per section 69 of the Bhartiya Nhaya Sanhita Whoever by deceitful means or by making promise to marry a woman without any intention of fulfilling the same, and has sexual intercourse with he...

Sedition Law in India: Historical Evolution, Legal Challenges, and Its Uncons...

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The Sedition law in India dates back to British era, where sedition law was incorporated a tool to crack down on the rebellions against the government. Sedition in layman terms means inciting p...

Bail: The Mythical Rule In A System Where Jail Is The Default Reality

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The principle that "bail is the rule, jail is the exception" is a cornerstone of the Indian legal framework, rooted in the constitutional guarantee of personal liberty. However, its a...

Misuse of Section 85, BNS

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Misuse Of Section 85 Of BNS Indian penal code,1860 amended to Bhartiya Nyaya Sanhita 2023 Section 498a of IPC which was added through 1983 amendment act, talked about the cruelty faced by wom...

Bail Under the Bharatiya Nagarik Suraksha Sanhita (BNSS): Anticipatory, Regul...

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The Bharatiya Nagarik Suraksha Sanhita (BNSS) brings significant changes to the procedures for anticipatory and regular bail, reflecting a modernization of India's criminal procedure code. Thes...

Rape Laws in India: Definition, IPC Section 375, Bharatiya Nyaya Sanhita, 202...

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Rape, unlawful sexual activity, most often involving sexual intercourse, against the will of the victim through force or the threat of force or with an individual who is incapable of giving leg...

Community Service As A Punishment: Indian And Global Perspective Analysis

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"Hate the crime, not the criminal" - Mahatma Gandhi Punishment & its Delivering methodology has always been a 'bone of contention' in Public Debate. Everyone advocates for the 'most apt pu...

Punishment of Community Service for First-Time Offenders under the Bharatiya ...

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The Bharatiya Nyaya Sanhita (BNS), 2023, introduces significant reforms in the Indian penal framework, including community service as an alternative punishment for specific first-time offenses....

Laws and Challenges in Addressing Domestic Violence

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Violence against women is the global issue. It destroys the dignity and nullifies human rights and fundamental freedoms of women. It is one of the most underreported crimes in the world. Domest...

Concept of Trial under the scenario of enforcement of BNSS

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In criminal justice system the concept of trinity is embodied in the Code of Criminal Procedure Code, Indian Penal Code and Indian Evidence Act. These three acts called as Criminal Major Acts. ...

Hostility And Integrity: Challenges In Witness Examination

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"Whenever man commits a crime heaven finds a witness" - Edward G. Bulwer Introduction Witness plays a crucial role in the efficient delivery of justice and their role becomes additionally si...

Protection Of Witnesses Who Are Threatened To Give False Evidence: Best Bakery

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Uncover the Role of Courts in Ensuring Justice: Explore the balance between convicting the guilty and protecting the innocent, the powers of Sections 311 CrPC and 165 Evidence Act, and how flawed i...

Analysing the Vagueness and Shortcomings of Section 69 of the Bharatiya Nyaya...

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Section 69 of the Bharatiya Nyaya Sanhita, 2023, makes it a crime to engage in sexual intercourse under false promises of marriage, thus offering legal protection to women against exploitation....

Anticipatory Bail: CrPC 1973 vis-a-vis BNSS 2023

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Arrest bring humiliation, curtail freedom, and casts scare forever. Arrest should not be made only because the offence committed is cognizable and bailable. There was drastic increase in a cas...

Criminal Law Explained: Principles, Categories, and the Pursuit of Justice

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Criminal law is a branch of law that deals with actions or omissions that are considered offenses against public law and order. It governs the punishment of individuals or entities who commit c...

Confession and Dying Declarations in Indian Criminal Law: A Case Analysis of ...

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In Indian criminal law, Akala Narayana Swami v. Emperor (1939) is a significant case. The case is well-known for how it interpreted the idea of confession and whether or not it could be used as...

The Rationale Behind The Death Penalty In India: A Critical Analysis

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The death penalty is a controversial and emotional issue in India. The Indian penal Code provided for the use of the death penalty in case of murder, or rape. There is a big debate around the d...

Kidnapping And Abduction In Relevance To Law

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Kidnapping and abduction: A Legal OverviewKidnapping and abduction are two serious criminal offenses that have profound legal implications. These crimes typically involve the unlawful taking and ...

Presumption under Section 118 and Section 138

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In the case of Ulla v. State, the principle under Section 19 of the Indian Penal Code (IPC) and the provisions of Section 403 of the Code were discussed. Section 118 of the Negotiable Instrumen...

A Rising Trend Of False Rape Cases In India: A Case Study

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When discussing the broad definition of rape, the Britannica Encyclopedia defines it as an illegal sexual activity, most frequently involving sexual relations, carried out against the will of t...

Constitutionality of Death Penalty in India: Analyzing Bachan Singh v/s Punja...

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History: Before the case of Bachan Singh v State of Punjab, the Supreme court in the case of Jagmohan v State of U.P held that Right to Equality, Freedom of Speech and Expression and right t...

Rape Of Minors In Rajasthan: A Critical Analysis

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"Just a shameless thing for women and minor girls that, even their own family and known person did not support them in rape cases, why? She is your mother, she is your sister, she is your ...

Sentencing for Multiple Offenses: Analysis of CrPC Section 31, IPC Section 71...

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In cases involving multiple offenses, the sentencing framework in Indian criminal jurisprudence balances punitive and rehabilitative objectives. This paper explores the doctrinal basis of sente...

Impact of Drug Trafficking on Indian Youth

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The purpose of this paper is to analyse the impact of "Drug trafficking on Youth of India " ,the paper focuses on presenting and mitigating root causes and addresses the psychological , economi...

Forensic Challenges and Risks Associated with DNA Fabrications

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In the realm of forensic science, the development of synthetic or fabricated DNA poses significant challenges that bring forth concerns regarding the ethics and reliability of the justice syste...

A Comparative Analysis of Police Custody Provisions: Section 187 of BNSS 2023...

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This article compares the police custody provisions under Section 187 of BNSS 2023 and Section 167 of CrPC 1973, highlighting key changes introduced by the new law. Both sections govern how lon...

Forensic Science And Criminal Investigation System In India

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Research Questions: What is the basic meaning of forensic science? Why forensic science and criminal investigation system needs to be studied together? How forensic science developed in In...

The Bharatiya Nyaya Sanhita (BNS) 2023: A Comprehensive Overhaul of India's C...

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The Bharatiya Nyaya Sanhita (BNS), 2023 repeals and replaces the Indian Penal Code (IPC), 1860, modernizing India's criminal law to prioritize offenses and streamline penalties. The Bharatiya N...

Admissibility And Evidentiary Value Of Confession: An Analysis Of Ieva And BSA

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Confession is a self-harming statement made by an accused acknowledging his guilt. It is the strongest evidence against the maker thereof but all confessions are not equally valuable. The admis...

Punishment And Justice: A Critical Review Of Theories

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This research explores the key theories of punishment—deterrent, retributive, preventive, reformative, and expiatory—analyzing their justifications, applications, and criticisms. Drawing fr...

The Psychology Of Criminal Behavior

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This research paper delves into criminal psychology, beginning with the classification of crimes and defining criminal behavior. It explores the history and evolution of criminal psychology bot...

Restorative Justice: Transforming Crime Resolution And Offender Rehabilitatio...

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Restorative justice (RJ) is a new paradigm on how crime and justice can be dealt with. In the restorative approach towards crime and justice, the way that crime is processed changes from punish...

Dishonour of cheques: Key Legal Deadlines for Filing Cheque Bounce Complaints

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Computation of Period for Filing a Complaint:In a particular case, a cheque was presented for the second time but was returned unpaid. However, a legal notice for demand was not issued within thi...

Understanding BNS Sections 238 and 61(2): Evidence Tampering, Supplying False...

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This paper provides a detailed analysis of Sections 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), focusing on the implications of tampering with evidence or providing false informat...

Understanding India’s Revised Criminal Laws: Key Impacts and Controversies

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The three new laws-the Bhartiya Nagrik Suraksha Sanhita 2023, the Bhartiya Nyaya Sanhita 2023, and the Bhartiya Sakshya Adhiniyam 2023 came into force on July 1, 2024. These laws replace the older ...

Why Is The Presumption Of Innocence Not Sufficient For Someone Accused Of A C...

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The presumption of innocence is a fundamental principle in criminal law that asserts an accused person is considered innocent until proven guilty. While it serves as a crucial protection for i...

Is It Possible For Someone To Sue A Website For Publishing False Content Abou...

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Yes, it is possible for someone to sue a website for publishing false content about them, but there are several important factors to consider. Generally, these claims are based on defamation, w...

Bharatiya Sakshya Adhiniyam, 2023: An Overview of Key Amendments

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The Bharatiya Sakshya Adhiniyam, 2023 (BSA) represents a pivotal legislative development in Indian law, serving as a comprehensive update to the Indian Evidence Act of 1872. This new Act modern...

Types of Punishment under the Bharatiya Nyaya Sanhita, 2023: A Detailed Analysis

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The Bharatiya Nyaya Sanhita, 2023 (BNS), marks a transformative shift in India's criminal law, replacing the Indian Penal Code (IPC) of 1860. With this enactment, the BNS expands and refines In...

Understanding Actus Reus

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But screw your courage to the sticking-place, And we'll not fail. When Duncan is asleep – Whereto the rather shall his day's hard journey Soundly invite him – his two chamberlains Will I wi...

What Are The Legal Consequences Of Remarrying Before Getting A Divorce?

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Remarrying before obtaining a divorce can lead to several legal consequences, and these vary based on the laws of the jurisdiction in which you reside. Here's an overview of the potential conse...

Understanding the Implications of Non-Accused DNA at Crime Scenes for Crimina...

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While DNA evidence has revolutionized criminal investigations, its presence in legal cases becomes problematic when the DNA of non-accused individuals is detected at crime scenes. This essay ex...

Supreme Court Dismisses PIL on Constitution and BNS Provisions, Imposes ₹10...

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The recent Supreme Court decision in Dr. SN Kundra v. Union of India addresses a significant challenge to the constitutionality of certain provisions under the Bharatiya Nyaya Sanhita, 2023 (BN...

Understanding Interlocutory Orders and Revisional Jurisdiction in Indian Crim...

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Reference And RevisionThe term "interlocutory order" was explained in light of the Apex Court's verdict in Amarnath v. State of Haryana. The term "interlocutory order" in Se...

Section 64A of the NDPS Act: Analysing the Immunity from Prosecution for Drug...

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Section 64A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 provides immunity from prosecution for drug users charged under Section 27 or involved in minor drug offences, a...

Parole and Furlough Granted by the Indian Judiciary to Gurmeet Ram Rahim: An ...

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The Indian judiciary has intermittently granted parole and furlough to Gurmeet Ram Rahim Singh, a high-profile convict serving a sentence for various serious crimes. Over the last four years, h...

The Admissibility And Reliability Of Eyewitness Testimony In Criminal Trials

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In general, eyewitnesses have a significant impact on the final result of a charged. Because it is the duty of the eyewitness to come forward with the clear and the unclouded truth about the ha...

Honour Killing In India: An Analysis Under IPC And BNS

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Honour killing, a heinous crime rooted in patriarchal mindsets and social stigmas, is a grave violation of fundamental human rights. In India, honour killings often occur when individuals defy ...

Understanding Joint Liability: Analysis of the Landmark Case Mahboob Shah v/s...

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Brief Facts: This case comes under the ambit of Joint liability. It is one of the landmark cases that explains the principle of joint liability. Allahdad, the deceased, along with some people ...

How To Fight False 304B IPC Case With Cross Examination Covering Area?

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Section 304B of the Indian Penal Code (IPC) deals with the offense of "dowry death." It states that if a woman dies within seven years of marriage and it is established that she was s...

Reforms for India's Undertrial Prisoners Crises

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The prolonged detention of undertrial prisoners is the major concern in the Indian criminal justice system. Undertrial prisoner is defined as "a person who has been committed to judicial custod...

Abetment under IPC Section 306 (BNS Section 108): Judicial Insight from Dr. G...

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The concept of abetment in Indian criminal law, particularly under Section 306 of the Indian Penal Code, 1860, and its counterpart, Section 108 of the Bharatiya Nyaya Sanhita, 2023, presents a ...

Judicial Attitude On Economic Offences

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"In India, there is no legislation as such that defines an 'economic offence". Economic offences encompass all crimes which occur during the course of any economic or business activity....

An Excuse Or A Justification: Insanity And Intoxication As Legal Defences Wi...

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"Injustice anywhere is a threat to justice everywhere"- Martin Luther King When an individual has committed an unlawful act and faces consequences as a result, it is a manifestation of justice...

An Injustice In Honour: The Legal Implications Of Honour Killings

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Honour killing in a very simple term means the killing of a person by family members who believe that the victim's activities have brought disgrace or dishonour upon the family is known as &quo...

What Is The Process For Challenging An Order Made By A Lower Court Before It ...

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In India, if a party wishes to challenge an order made by a lower court before escalating the matter to a higher court, there is a specific legal process to follow. The steps you need to take ge...

Understanding The Criminal Procedure [Identification] Act, 2022

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The criminal procedure (identification) act came into force in August, 2022, a contentious law that permits and provides legal sanctions to police officers, prison officers, and enforcing agenc...

Assessing the Reliability of Firearms Expert Reports: A Critical Analysis

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This critical analysis investigates the dependability of firearms expert reports, which are admissible in evidence under Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, in criminal inve...

Distinction Between Direct And Circumstantial Evidence Write With Few Case Re...

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The distinction between direct and circumstantial evidence is fundamental in the field of law, particularly in criminal trials. Understanding these types of evidence is crucial as they play dif...

Advocating Grant of Parole to Undertrial Prisoners through Legal Reforms: Pro...

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Under Trial Prisoners (UTPs), who account for approximately 75-80% of India's prison population, face prolonged periods of detention largely due to systemic delays within the judicial framework...

Examining Wrongful Convictions Based on Fingerprint Evidence

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Fingerprint evidence has long been seen as a cornerstone of forensic science, valued for its unique traits and reliability. However, some wrongful conviction cases reveal significant flaws in h...

Understanding Probation Law in India: Key Provisions, Objectives, and the Rol...

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The word probation is a Latin word which is originated from the word probatus which means to prove or test. Probation is an alteration service method which evolved from the criminologists and l...

Loose Plugs in Section 187 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023...

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The newly introduced Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 has replaced Section 167 of the Code of Criminal Procedure (CrPC), 1973, concerning the permissible perio...

The Role of Criminal Law in Combating Human Trafficking in Women and Children

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Human trafficking refers to the practice of illegally transporting people from one country to another for forced labor or sexual exploitation. It is a serious crime that violates human rights a...

Abetment of Suicide: Applicability of Law in Suicide Cases at Workplaces

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The recent unfortunate incidents of suicide at workplaces, coerces one to discuss the reasons of such mishaps and to what extent the workplace ecosystem is to be blamed. This article delves int...

The Role Of Victimology In Shaping Sentencing Policies

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Victimology, the study of victims and their place in the criminal justice system, has had a big impact on how sentencing guidelines have changed over time in different legal systems. Sentencing...

General Exceptions for Judicial Acts Under the Bharatiya Nyaya Sanhita, 2023:...

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The Bharatiya Nyaya Sanhita, 2023 (BNS) consolidates and codifies the laws related to general exceptions, including protections provided for judicial acts. These exceptions are outlined to ensu...

General Exceptions of Mistake in Criminal Liability: A Detailed Examination U...

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The concept of "mistake" as a defense in criminal law is based on the principle that a person should not be held criminally liable for actions taken under a genuine and reasonable mis...

Interplay of Public Opinion and Retributive Justice: Implications of Life Imp...

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Public opinion significantly influences sentencing policies in democratic societies, especially in India, where debates around harsh punishments for heinous crimes, including life imprisonment t...

Condonation Of Delay In Cheque Bounce Cases

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While legal remedies are available in the Indian Legal System pertaining to Civil and Criminal matters, the law also specifies the timeline within which, the remedies could be availed by the li...

General Exceptions (Chapter - III) under Bharatiya Nyaya Sanhita (BNS), 2023

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The Bharatiya Nyaya Sanhita (BNS), 2023, introduces General Exceptions that provide legal protection in specific situations where an individual may otherwise face criminal liability. These exce...

The Role of Theories of Punishment in Shaping Criminal Law: Insights and Case...

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Theories of PunishmentIn criminal law, the concept of punishment serves multiple purposes, depending on the nature of the crime and societal goals. Theories of punishment help legal systems det...

Safeguarding Liberty: A Comprehensive Analysis of DK Basu v/s West Bengal and...

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The judgment in DK Basu vs. State of West Bengal (1997), reported as (1997) 1 SCC 416, stands as a watershed moment in Indian constitutional jurisprudence. The Supreme Court's decision, prompted ...

Overview of Sections 5 to 16 of the Indian Evidence Act, 1872

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Sections 5 to 16 set the stage for the admissibility of evidence by outlining which facts are relevant. These sections are designed to help courts decide cases efficiently by admitting only tho...

Child Custody: A Complex Emotional Legal Issue

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Child custody is an important and frequently delicate topic that may come up after a divorce or separation. Parents may have heated debates and conflicts about it, with each side trying to prot...

Prisoners on Parole: Societal Perception and Legal Analysis in India

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Parole plays a vital role in the rehabilitation and reintegration of prisoners, offering them an opportunity to reconnect with society while still serving their sentences. It is a conditional r...

The Concept of Relevance: Shaping the Landscape of Evidence in Legal Proceedings

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The principle of relevance is fundamental to the law of evidence, serving as a guiding light in determining what information can be presented in a court of law. Under the Indian Evidence Act, 1...

Inadequate Postmortem Reports: Investigating the Underlying Factors

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Postmortem reports play a vital role in forensic pathology, providing essential information about the causes of death needed for legal investigations. However, several factors undermine the qua...

Reasons for Potential Unreliability of DNA Evidence: A Critical Examination

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DNA evidence is widely regarded as the "gold standard" in forensic science because of its capacity to accurately identify individuals and exonerate the innocent. However, several fact...

Shayara Bano vs Union of India: Landmark Case on Triple Talaq and Women’s R...

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Shayara Bano v/s Union Of India Background of the Case The Petitioner and the petitioner-husband were married on 11 April 2001 under Sharia (Islamic law). They have two children, a son and a dau...

Modern Methods of Criminal Investigation

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Modern methods of criminal investigation have evolved significantly, integrating technology, advanced forensic techniques, and strategies thinking processes. This article explores these contemp...

Punishment for Rape Under Section 376 IPC and Section 64 of the Bharatiya Nya...

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The heinous crime of rape poses a critical challenge to the legal and moral fabric of society, necessitating robust legislative measures and judicial interpretations to safeguard the dignity an...

Rape Laws in India: A Detailed Analysis under Section 375 IPC and Section 63 ...

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Rape, a grave infringement of individual liberty, dignity, and bodily integrity, is one of the most morally reprehensible crimes recognized in modern jurisprudence. Indian legal provisions deal...

Comparative analysis between BNS and IPC

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The BNS (Bureau of National Statistics) and the IPC (International Planning Committee) serve different roles and functions within the realms of national statistics and international planning. Here'...

Shortcomings of the Bharatiya Nyaya Sanhita, 2023: An Analytical Perspective

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The Bharatiya Nyaya Sanhita, 2023 was enacted on December 25, 2023, to supplant the Indian Penal Code of 1860, marking a significant reform in India's criminal justice system. This legislation,...

Challenges Encountered by Police Officers During Crime Investigations

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This study highlights the vital function of police officers involved in criminal investigations in maintaining the integrity of Indian society through effective law enforcement and fair justice...

VIP Security and the Special Protection Group: Overcoming Challenges in Indi...

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The safety of high-profile individuals is a global priority. This article delves into the complex world of VIP security, examining the critical role and shortcomings of the Special Protection G...

Beyond the Bars: Upholding Prisoners' Rights in India Through Law and Justice

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Prisoners' rights in India have evolved significantly through constitutional guarantees, legislative provisions, and judicial interventions. While being imprisoned due to the commission of an o...

Ossification Test: A Tool for Age Determination

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Bone ossification or osteogenesis signifies the process of bone formation which serves as a tool for age determination based on the degree of bone fusion. It analyses our skeletal and biologica...

An Overview of COFEPOSA, 1974

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The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA)was enacted by the Indian government as a preventive measure to protect the country's economic st...

The Criminal Manual: The Road Travelled And The Path Ahead

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Introduction of the three new criminal laws is one the landmarks in the criminal justice system. The laws aim to eradicate the remains of colonial mindset from our system which is evident by re...

Section 504 IPC (Section 352 BNS): Intentional Insult with Intent to Provoke ...

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Section 504 of the Indian Penal Code (IPC), akin to Section 352 of the Bharatiya Nyaya Sanhita (BNS), encapsulates the offence of intentional insult with the intent to provoke a breach of peace...

Section 487 IPC And Its Counterpart Section 350(1) Of The Bharatiya Nyaya San...

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The offense of fraudulently marking a false mark upon a package or receptacle containing goods has deep legal and societal ramifications, safeguarding the veracity of commerce and consumer prot...

BNS: The Genesis of New Judicial System

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Bharatiya Nyaya Sanhita (BNS) the first step towards decolonization. The Bharatiya Nyaya Sanhita (BNS) represents the departure from its antecedent act Indian penal code (IPC), and venture into...

Anticipatory Bail: Notion expanding every day aiming to insulate liberty!

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Prologue: Anticipatory bail, AKA "pre-arrest bail" is a statutory provision that enables a person with a reasonable apprehension of fear that such person could be arrested, based on an FIR whi...

Group Liability Under Bharatiya Nyaya Sanhita, 2023: Joint and Constructive L...

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Group liability is a principle that holds multiple individuals involved in a criminal act accountable, regardless of the individual roles they play. In criminal law, this ensures that people wh...

Chapter II: Punishments (Sections 4-13) of the Bharatiya Nyaya Sanhita, 2023

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In criminal law, punishment serves as a deterrent, a means of justice, and a way to reform offenders. Chapter II of the Bharatiya Nyaya Sanhita, 2023 (BNS) outlines different kinds of punishmen...

The Psychological Profile Of Offenders: Understanding The Mindset Of Criminals

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Criminal psychology combines psychology, criminology, and law to understand why people commit crimes. It became important in the mid-1900s when psychologists started studying offender's backgro...

The Paradox of Capital Punishment: Escalating Crime Severity

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Death penalty which has been regarded as the strongest deterrent measure has always been regarded as a just response to worst criminals. Its supporters claim it is used to shield society by mak...

A Critical Analysis Of Plea-Bargaining Procedure

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A legal process in which someone who has been accused of a crime is allowed to admit to being guilty of a less serious crime, in order to avoid a trial, is referred to as the system of Plea Bar...

Section 3 of the Bharatiya Nyaya Sanhita, 2023: General Explanations

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Section 3 of the Bharatiya Nyaya Sanhita, 2023: General ExplanationsSection 3 of the Bharatiya Nyaya Sanhita, 2023 provides general explanations regarding how the entire law should be interpreted...

Section 1 of the Bharatiya Nyaya Sanhita, 2023: Territorial Extent, Applicabi...

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Section 1 of the Bharatiya Nyaya Sanhita, 2023: Territorial Extent, Applicability and OperationsSection 1 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with the short title, commencement, ap...

Types Of Punishment Under Section 4 Of The Bharatiya Nyaya Sanhita (BNS), 2023

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Types of Punishment under Section 4 of the Bharatiya Nyaya Sanhita (BNS), 2023 Section 4 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides a comprehensive list of punishments that can be imp...

Effective Crime Prevention Approaches: Enhancing Community Safety and Cohesion

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The prevention of crime is a multifaceted approach that integrates various strategies to deter criminal behavior and enhance community safety. Effective crime prevention emphasizes the importan...

Section 110 of the CrPC, 1973: A Balancing Act between Public Safety and Indi...

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Section 110 of the Criminal Procedure Code (CrPC), 1973, represents a crucial yet contentious provision within the Indian legal system. It empowers Magistrates to take preventive action against...

Common Intention v/s Similar Intention: A Legal Perspective

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As a basic principle of criminal law, common intention is crucial for determining joint criminal liability. The concept of a common goal is thoroughly examined in this article, which also looks...

The Right to Be Forgotten in India Post-Puttaswamy: Privacy vs. Public Interest

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As a new significant legal right of the digital era, the Right to be Forgotten (RTBF) is largely shaped by the primary impetus in Europe emanating from General Data Protection Regulation (GDPR)...

From Consent To Protection: Examining The Legal Landscape Of Statutory Rape

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Statutory rape is a crucial legal issue that raises challenging questions about consent, age, and societal norms. This paper investigates the definition, legal frameworks, and social implicatio...

How To Get Interim Compensation Under Section 143A Of NI Act?

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A mere cheque bounce can attract criminal proceedings as under Section 138 of the Negotiable Instruments Act, 1881. The person in whose favour the cheque was drawn files a complaint against the...

Confession Of A Co-Accused: A Detailed Analysis Under Indian Law With Referen...

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The legal treatment of confessions made by co-accused individuals has been a subject of judicial scrutiny in India. The law governing confessions is nuanced, balancing the rights of the accused...

Res Gestae Under Section 6 Of The Indian Evidence Act And Section 4 Of The Bh...

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This article offers a comprehensive analysis of the doctrine of res gestae, a pivotal legal principle under Section 6 of the Indian Evidence Act, 1872, and Section 4 of the Bharatiya Sakshya Ad...

The Concept Of Appropriate Government Under IPC Section 55(A) And The Bharati...

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This article delves into the definition and implications of the term "appropriate government" as elucidated in Section 55(A) of the Indian Penal Code (IPC) and its counterpart in the ...

Good Faith Under Indian Penal Code Section 52 and Bharatiya Nyaya Sanhita Sec...

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The legal concept of "good faith" plays a crucial role in determining the culpability and intent behind a person's actions. Both Section 52 of the Indian Penal Code (IPC) and Section 2(11) of t...

Common Intention Under IPC Section 34 And BNS Section 3(5): A Legal Analysis

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The doctrine of common intention plays a pivotal role in the Indian Penal Code (IPC) under Section 34, as well as under the Bharatiya Nyaya Sanhita (BNS) Section 3(5). This article delves into ...

Legal Analysis of the Concept of Injury under IPC Section 44 and BNS Section ...

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Injury, as defined under Section 44 of the Indian Penal Code (IPC) and Section 2(14) of the Bharatiya Nyaya Sanhita (BNS), plays a fundamental role in criminal jurisprudence by encompassing har...

Punishment Under Section 53 of the Indian Penal Code and Section 4 of the Bha...

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Punishments form the bedrock of any criminal justice system, reflecting the state's response to crimes committed within its jurisdiction. Section 53 of the Indian Penal Code (IPC) and its moder...

Harbouring under IPC Section 52(A) and BNS Section 2(13): A Critical Legal An...

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The concept of "harbouring" as defined under Section 52(A) of the Indian Penal Code (IPC) and Section 2(13) of the Bharatiya Nyaya Sanhita (BNS), 2023, is an integral part of India's ...

From Motives To Consequences: The Psychology Of Rapists And The Need For Capi...

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The research paper explores the motives that drive a person to commit rape and how this heinous act affects the victim's physical, mental and emotional health as well as its greater social impa...

Test Identification Parade in Indian Law: Its Role, Limitations, and Evidenti...

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Test Identification Parade can be a useful method within an investigation and with due process is often accepted as evidence or as confirmation within a court of law. The primary goal is to ver...

Protest Petition

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Protest PetitionIn an age where police or prosecution are not capable of protecting all the interests of victim, the remedies like the protest petition empowers the common man to quest for real...

Death Penalty Valid Or Not?

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India is a country which consist of large number of crime and criminals. In India all punishments are based on the motive to give penalty to the wrongdoer. There are two main reasons for imposi...

Wound Certificate: Post-Mortem

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Wound Certificate:The wound certificate is a copy of the entries in the accident register and the opinion of the doctor regarding the nature of the injuries and their probable cause. It is admi...

Probation: A path to Rehabilitation and Justice in India's Legal Framework

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In law and justice, offering an alternative to traditional punishment through probation stands as a beacon of hope and rehabilitation for offenders. Probation, in simple terms, is like a second...

DNA Profiling in India: Paging Legal Mechanisms and What comes Issues in Crim...

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DNA profiling, also known as genetic fingerprinting or DNA testing, has transformed forensic science and is now a critical tool in criminal investigations worldwide. In India, where criminal ju...

The Role of Media in India's Criminal Justice System: Balancing Free Press an...

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After the legislature, executive, and judiciary, the media is widely regarded as the "fourth pillar of democracy." It is critical in raising awareness and changing people's perspectives in soci...

Understanding Cybercrime in India: Rising Threats, Jamtara's Role, and How to...

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With the increasing use of computers in society, cybercrime has become a major issue. The advancement of technology has made man dependent on the internet for all his needs. The Internet has gi...

Injured Witness

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Delay in FIR:There is no dispute with regard to the legal proposition in case the accused is able to indicate from the evidence on the record that the recording of the FIR has been delayed or t...

Death Caused By Rash And Negligent Act

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Death as a result of carelessness involuntary manslaughter is a criminal violation that happens when someone causes the death of another person without intending to kill them via ignorance or c...

Justice or Bulldozer Justice

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"A father may have a recalcitrant son, but if the house is demolished on this ground...this is not the way to go about it" Justice Viswanathan of SC in the judgement of Jamiat Ulama I...

From Colonial Codes To Contemporary Statutes: A Comparative Study Of Women's ...

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This research article undertakes a comparative analysis of the evolution of legal protection for women in India, focusing on offenses against women as defined in the Indian Penal Code (IPC) and...

Section 173 Of BNSS 2023: Information In Cognizable Cases

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The great political philosopher Bolingbroke said: "Liberty is to the collective body; what health is to every individual body. Without health no pleasure can be tasted by man; without Liberty, n...

Procedure of Discharge Application and Quashing of FIR: Which to Approach Fir...

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In criminal law, both the discharge of an accused and the quashing of an FIR serve as mechanisms to avoid wrongful prosecution. While discharge occurs at the trial stage when charges are being ...

Encounter: How it Takes Place, Procedures and Cases Where Encounters are Fake

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Introduction Encounters, a term commonly used to describe the killing of alleged criminals by law enforcement officers, have been a subject of significant debate in India. While such actions a...

Community Service: A Concept In India

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Community Service as a Type of Punishment is Introduced Under Bhartiya Nyaya Sanhita 2023.However, Community service as a concept is inculcated in The Auspicious Land. In Sanatana Dharma, it is...

Corruption In India: Legislative Reforms, Judicial Insights, And Institutiona...

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Corruption in India continues to hinder governance and economic progress. This paper analyses key legislative and institutional efforts to combat corruption, focusing on the Prevention of Corru...

The New Criminal Laws in India: Impact on Medical Practitioners and Legal Imp...

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India's legal landscape has undergone significant reforms with the introduction of three key legal codes: Bharatiya Nyaya Sanhita (BNS) 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, and...

The Difficulties Encountered By The India Legal System Dealing With Corruption

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In numerous nations, including India, corruption is still a chronic and pervasive issue. India, the largest democracy in the world and one of the fastest-growing economies, faces serious challe...

Female Foeticide in India: Causes, Effects, and Legal Framework

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Female Foeticide: Female foeticide is the practice of determining the gender of a fetus and aborting the fetus if it is a girl. Despite being illegal, many people continue to do so. In addition...

Supreme Court Acquits Two Accused After Over 10 Years of Imprisonment in Murd...

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New Delhi, September 18, 2024 : The Supreme Court of India acquitted two appellants, Saheb s/o Maroti Bhumre and Sitaram Pandurang Gabare , of charges of murder and rioting under Sections 148, ...

The Concept of Zero FIR

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A Significant Feature of the Bharatiya Nagarik Suraksha Sanhita (BNSS) The BNSS, India's new criminal law code, introduces a groundbreaking concept: the Zero FIR. This feature is designed to str...

Anticipatory Bail and The SC And ST Act: Ensuring Justice While Preventing Mi...

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"A law is valuable not because it is law, but because there is right in it." Caste system, an inalienable feature of India's identity, although devised for a higher objective as to categorise ...

Integrating Criminology, Penology, And Victimology In India: A Legal And Theo...

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This research paper explores the integration of criminology, penology, and victimology in the Indian context, focusing on their interrelated roles within the criminal justice system. Criminolog...

Punishment under IPC with Special reference to Bhartiya Nayay Sanhita

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In India, the concept of punishments has been prescribed and enshrined in ancient mythological texts and artefacts like the Mahabharat, Vishnu Puran, Ramayana, and Durga Saptshti, as well as in...

Is Capital Punishment Violation of Human Rights?

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It is incompatible with the right to life and the freedom from torture and cruel, barbaric, or degrading treatment or punishment to apply the death sentence. There's a growing consensus to abol...

Challenges And Solutions In Combating Acid Attacks Against Women In India

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Acid attacks is one of the most horrific kinds of gender-based violence that leave their victims with lifelong physical, psychological, and social scars. Every year, thousands of cases are repo...

Rights Of Prisoners Under The Indian Legal System

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"Criminals should be treated as patients in hospitals, and jails should be hospitals admitting such patients for treatment and cure. The outlook of the jail staff should be that of physicians...

Impact Of Legalising Cannabis Farming In The State Of Himachal Pradesh Upon I...

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It is rightly stated by experts associated with various fields and by various sociologists who took birth on this globe that everything which is a boon for us, is sometimes bane in another mann...

Hostile Witness Can't Escape Punishment Every By Negative Support

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It is not merely a matter of the provisions of law as contained in sections 145 and 157 of the Evidence Act or the proviso to subsection (1) of section 162 of the CrPC; the question posed is of...

Failure To Cross Examine Solitary Witness

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The failure of the respondents to cross examine solitary witness or confront him with their version, despite adequate opportunity must lead to an inference of tacit admission on their part. T...

Challenging Divorce Decrees in Criminal Courts: The Supreme Court's Ruling in...

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Mr. Inderjit Singh Grewal (hereinafter referred as 'Appellant') was legally married to Amandeep Kaur (hereinafter referred as 'Respondent 2') on September 23,1998 at Jalandhar as per Sikh ritua...

Case Brief on the Lily Thomas v. Union of India: Bigamy Case of 2000

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This case is considered to be a noteworthy case as well as a landmark judgement due to the Supreme Court of India's ruling which makes a marriage to be considered void should a man get into a s...

Production Of Additional Evidence

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The rule does not state that if a petition is not subsequently filed by the plaintiff for permission to be examined as a witness, the Court has the power to entertain or allow such a prayer. If...

Death Penalty: Constitutional or Unconstitutional?

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The Supreme Court's judgement in the case of Mithu Singh v. State of Punjab[1] is that Section 303 of the IPC [2]is unconstitutional and arbitrary. The Court deleted Section 303 and said that a...

Laws Regarding Carrying A Weapon In India

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Laws regarding carrying a weapon in IndiaIn a country as diverse and populous as India, the regulation of firearms and weapons is a matter of critical importance. With safety concerns and the nee...

Understanding the Legal Framework for Document Production and Privilege Claim...

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Production of Document: A person may be summoned to produce a document under Order XVI, Rule 6 of the CPC, and Section 162 of the Indian Evidence Act, 1872. It is thus evident that, firstly, ...

Kerala High Court Sentences Police Officer for Contempt: A Case of Verbal Abu...

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Brief Facts: In this case, the Kerala High Court dealt with an incident involving a police officer, Raneesh V. R., who verbally abused and threatened a lawyer, Aqib Sohail P. S., during a lega...

Landmark Arnesh Kumar Judgment: Supreme Court Guidelines on Misuse of Section...

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Brief Facts: Arnesh Kumar, the petitioner, was implicated in a criminal case under Section 498A of the Indian Penal Code (IPC) (section 85 of the Bharatiya Nyaya Sanhita(BNS),2023)and Section ...

Panch Witness And Search Witness

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Panch Witness is Not an Independent WitnessThe panch witness is not an independent witness. He displayed a partisan attitude towards the police, was under their influence, and therefore signed th...

Examination of Accused's lawyer: : Key Case Laws, Sections, and Examination U...

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The general rule is that the accused must answer questions by being personally present in court. Only in exceptional circumstances can this rule be departed from or dispensed with, as held in K...

Election Related Offences in Bharatiya Nyaya Sanhita, 2023

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Election-related offences include bribery, exerting improper influence, impersonating voters, inciting animosity between groups, spreading misleading information to manipulate election outcomes...

Procedural Aspects Of Proclaimed Offenders: Changing Perspectives

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A core principle of the Indian criminal justice system is that the accused must be present throughout the criminal trial.[2] The idea of an ex-parte trial is foreign to Indian law and contradic...

Understanding Mistake of Fact vs. Mistake of Law: A Deep Dive into Sections 7...

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A plain reading of sections 76[1] and 79[2] in the Indian Penal Code, 1860, with special attention to the words 'who by reason of a mistake of fact and not by reason of a mistake of law in good...

Understanding Legal Systems: Adversarial And Inquisitorial Systems Of Justice

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Criminal justice systems worldwide are remarkably diverse, reflecting the many cultural, historical, and socioeconomic circumstances in which they have evolved. Despite their variations, many o...

Abuse of Police Authority in Hindering Voting by Marginalized Communities Dur...

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The right to vote is a core element of democracy, allowing individuals to engage in governance. Nevertheless, marginalized communities, especially those from disadvantaged backgrounds and minor...

Classical Criminology And Its Theories

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Classical school of thought that originated during the Enlightenment transformed the approach to the crime and punishment based on rationality of actors, their free will and the concept of dete...

Understanding Test Identification Parades: Legal Framework, Purpose, and Limi...

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In criminal proceedings, a test identification parade is a method frequently used to identify the accused in a court of law. Witnesses are essential to this process since it is their job to ide...

Yakub Abdul Razak Memon v/s Maharashtra: Criminal Conspiracy and Death Senten...

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Abstract of the Case This case analysis is about hanging of one of the accused in 1993 in Mumbai serial blasts. It mainly focuses on the basic concept of Criminal Conspiracy mentioned under Se...

Interpretation Of Penal Statute: Key Principles and Practices for Understandi...

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The term 'Interpretation' originates from the Latin word 'interpretari', which denotes the act of explaining, expounding, understanding, or translating. In the legal context, interpretation ref...

Surety in Criminal Procedure: An Examination of Recent Judicial Developments

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The role of surety in the criminal justice system is pivotal, as it ensures that individuals released on bail adhere to the conditions imposed by the court. Recent judicial developments have cl...

Vexatious Litigations: A Comprehensive Overview

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Vexatious litigation refers to legal proceedings initiated with malicious intent and lacking reasonable justification, typically aimed at harassing or undermining an opponent. This type of liti...

Between Law and Reality: An Analytical Examination of Custodial Rape

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The dual mindset of Indians toward women is the most hypocritical thing ever. On the one hand, we have given women, the status of devi, the symbol of power and courage. And, on the other we bla...

Balancing Belief: The Tug-Of-War Between Propagation And Protection In Shrini...

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This case that deals with this fundamental right of freedom of religion is Shriniwas Rav Nayak vs State of UP, 2024 which defines the limit of the right to propagate as opposed to the right to co...

Crimes Punishable By The Death Penalty In The Bharatiya Nyaya Sanhita, 2023 (...

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Crimes that are subject to the death penalty encompass a range of serious offences, typically including heinous acts such as murder, particularly in cases of aggravated or premeditated killing,...

The Justice Verma Committee Report 2013: A Comprehensive Analysis of Legal Re...

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The Justice Verma Committee Report, released in 2013, represents a pivotal moment in India's legal landscape, particularly in the context of laws related to sexual violence. Triggered by the ho...

Legal Considerations Surrounding Miscarriage and Loss of a Child under the BN...

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A miscarriage refers to the unintentional end of a pregnancy before the 20th week, frequently linked to chromosomal anomalies, though it can also stem from various factors such as health compli...

Flaws in the Bharatiya Nyaya Sanhita, 2023 (BNS)

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The Bharatiya Nyaya Sanhita, 2023 (BNS) serves as the official criminal code for the Republic of India, marking a significant update to the country's legal framework. This new code officially t...

Introduction of Criminal Laws 2023

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The offense of a 'Terrorist Act' is now explicitly defined as a distinct criminal offense under the Bharatiya Nyaya Sanhita (BNS). This definition encompasses actions that threaten India's unit...

When Accused Can Be Discharged

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An accused shall be discharged after all the evidence referred to in Section 269 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been taken. If, after considering all the evidence referred...

Ensuring the Presence of the Accused or Witness in Criminal Trials: A Compreh...

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The criminal justice system is rooted in the principle that justice must not only be done but also be seen to be done. The presence of the accused and witnesses during a criminal trial is pivot...

Safeguarding Fundamental Rights: The Impact and Implementation of the DK Basu...

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DK Basu v. State of West Bengal (1997) is a landmark case that has laid down guidelines for the police officers at the time of conducting the arrest of a person and when the person is under the...

Shortcomings in the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)

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The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), has been introduced as a replacement for the Criminal Procedure Code (CrPC) of 1973, signifying a major reform in India’s criminal justi...

Cardinal Principles of Interpretation

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It is a cardinal principle of statutory interpretation, as observed by the Supreme Court in the case of Shri Ram v. State of Maharashtra, that where the language of an Act is clear and explicit...

Understanding the Legal Standards for Conviction Based on Circumstantial Evid...

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In State of Rajasthan v. Rajaram, it has been held in paragraph 16 as follows: A reference may be made to a later decision in Sharad Birdhichand Sarda v. State of Maharashtra. There, while deal...

Nirbhaya Case: History and Present

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Nirbhaya Case: History and PresentThe Nirbhaya case is a landmark moment in India's legal and social history, symbolizing the country's struggle against gender-based violence and the demand for...

Re-Defining the Punishments for First-Time Offender

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The question of how to appropriately punish first-time offenders is a critical issue in criminal justice, balancing the need for deterrence with the principles of rehabilitation and fairness. T...

The New Bhartiya Nyaya Sanhita: A Step Forward or a Step Backward?

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The legal scenario in India is at the crossroads of a monumental change with the coming into being of the Bhartiya Nyaya Sanhita (BNS). It is hoped that this new criminal code will serve as a m...

Understanding Section 498A IPC: Legal Insights on Cruelty and Dowry Harassment

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Substantive Section 498A of the IPC and presumptive Section 113B of the Indian Evidence Act, 1872, were inserted into the respective statutes by the Criminal Law (Second Amendment) Act, 1983, a...

Object of Criminal Trial

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The object of a criminal trial is to mete out justice, convict the guilty, and protect the innocent. Therefore, the trial should be a search for the truth, not about overemphasis on technicalit...

Distinctions in Criminal Law: A Detailed Analysis

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Cognizable and Non-Cognizable Offences Cognizable Offences: Definition and Legal Provisions: Cognizable offences are defined under Section 2(c) of the Code of Criminal...

Mental Illness and Criminality: Unravelling the Complex Relationship

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It is widely believed that those with mental illnesses are more likely to commit violent and aggressive acts. The link between criminal behavior and mental health has long been a source of disc...

Madan Lal v/s H.P: Compliance with Sections 42 & 50 and Conscious Possession ...

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Facts Of The Case: In this case, the appellants and one other person faced trial for the alleged commission of an offense punishable under Section 20 of the Narcotic Drugs and Psychotropic Sub...

Bharatiya Sakshya Adhiniyam: Key Changes in Indian Evidence Law

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The Bharatiya Sakshya Adhiniyam Bill, 2023, was passed by the parliament on 21 December, 2023, and received presidential assent on December 25, 2023. The Bharatiya Sakshya Adhiniyam came into f...

Analysis of Arjun Panditrao Khotkar v/s Kailash Kushanrao Gorantyal Case

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The case of Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) stands as a landmark ruling from the Supreme Court of India that profoundly influenced the admissibility of electronic ...

Bail is the Rule, Not Jail

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The principle that "bail is the rule, not jail" is a cornerstone of criminal jurisprudence, reflecting the fundamental rights of personal liberty and the presumption of innocence. In ...

India's Cannabis Conundrum: Rethinking Drug Laws

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Cannabis is a plant containing delta-9 tetrahydrocannabinol (THC), the compound responsible for its psychoactive effects, which induce the "high" experienced upon consumption. Not all component...

Can The Essential Services Maintenance Act (ESMA), 1981 Be Enforced Against D...

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The Essential Services Maintenance Act (ESMA) of 1981 is a pivotal law in India aimed at guaranteeing the seamless provision of essential services that are vital for public welfare and the effe...

Strengthening Workplace Safety: A Comprehensive Overview of the POSH Act and ...

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The Prevention of Sexual Harassment (POSH) Act was introduced in 2013 to combat the rising number of sexual harassment incidents being reported by women within their places of employment. This ...

Recording of Confessions and Statements Under the Bharatiya Nagarik Suraksha ...

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Section 183 BNSS deals with the recording of confessions of an accused person and statements of an accused person or a victim of rape or gang rape or acid attack etc. made to a Judicial Magistr...

Understanding the Legal Impact of Omission or Error in Framing Charges: Insig...

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The omission to frame a charge, the absence of a charge, or an error in the charge itself cannot vitiate the trial. The apex court, in State v. Thakkidiram (AIR 1998 SC 2702), explained the und...

The Illusion of Freedom: How Psychological Manipulation Shapes Perceptions of...

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The phrase "The best way to keep a prisoner from escaping is to make sure he never knows he's in prison" conveys a significant notion regarding control, perception, and the essence of...

Understanding the Power of Sentence Commutation: A Guide to Section 433 of CrPC

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Section 433 of the CrPC pertains to the power of the government to commute a sentence without the consent of the person sentenced. When the appropriate government commutes a sentence, it does ...

Mercy Petition: New Provision Under Section 472 of Bharatiya Nagarik Suraksha...

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A mercy petition is a formal appeal submitted by individuals facing death sentences or imprisonment, requesting clemency from the President or Governor, depending on the jurisdiction. This prac...

Secondary Evidence under Bharatiya Sakshya Adhiniyam, 2023

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Secondary evidence pertains to duplicates or alternatives of original documents that are not accessible. This encompasses certified copies, photocopies, and verbal descriptions of document info...

Admissibility of Electronic Records: Understanding Section 63 of the Bharatiy...

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Section 65B of the Indian Evidence Act (IEA) was a significant amendment to the historic Indian Evidence Act of 1872, introduced following the Information Technology Act 2000, which came into e...

Summons in Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Processes to Com...

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A summons is an official legal document issued by a Court that informs an individual or organization about a legal action or proceeding that concerns them. It generally contains details about t...

Reforming Criminal Procedure: An Overview of Key Changes in the Bharatiya Nag...

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The Code of Criminal Procedure, 1973 (CrPC) serves as a crucial procedural law governing the administration of the Indian Penal Code, 1860 (IPC). It outlines the processes for investigation, ar...

Jurisdiction Of Court For Filling Petition For Execution Of The Award

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Although filing of awards in courts is no longer required under the 1996 Act, these cases may help determine the award under section 36. In Bijoy Das v UOI (1993) Arb LR 142, it was established ...

Primary Evidence under Bharatiya Sakshya Adhiniyam, 2023

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According to Section 57 of the Bharatiya Sakshya Adhiniyam, 2023, Primary Evidence consists of original documents or materials that are directly submitted in court. Section 62 of the Indian Evi...

Factors To Be Considered In Fixing Compensation Under Sub-Section(3)

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The need for awarding compensation has been considered by Justice Shetty in the case of Hari Singh v. Sukhbir Singh (1984) 4 SCC 551. Although subsection (3) should be exercised liberally, the ...

Understanding Evidence in the Bharatiya Sakshya Adhiniyam, 2023

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Section 2(1) (e) of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 3 of the Indian Evidence Act, 1872.Under the new definition of "evidence" in Section 2(1) (e) of the Bharatiya S...

The Lacuna in the Protection of Children from Sexual Offenses (POCSO) Act, 20...

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The Protection of Children from Sexual Offenses (POCSO) Act, 2012, represents a landmark advancement in India's legal framework for protecting children from sexual abuse and exploitation. Desig...

Marital Rape in India: Legal Loopholes and the Fight for Criminalization

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This research paper will examine the complex issue of marital rape in India while highlighting the legal, social and cultural aspects contributing to the decriminalized status of marital rape i...

Provisions of Section 320

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It is undoubtedly true that Section 147 of the Negotiable Instrument Act renders an offense under Section 138 of the same Act compoundable. However, to make an offense compoundable, the mode an...

Understanding Document in Bharatiya Sakshya Adhiniyam, 2023

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As per Section 2(d) of the Bharatiya Sakshya Adhiniyam, 2023, the term "document" refers to any matter that is expressed, described, or otherwise recorded on any material using letter...

Section 1 of the Bharatiya Sakshya Adhiniyam, 2023: Modifications vis-à-vis ...

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Section 1 of the Bharatiya Sakshya Adhiniyam, 2023 aligns with Section 1 of the previously repealed Indian Evidence Act, 1872. Bharatiya Sakshya Adhiniyam, 2023-Section 1: This legislation s...

Quashing Proceedings In Compromised Rape Cases: An Analysis Under Section 482...

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Settlements or compromises should never be entertained in cases involving heinous offenses like attempted murder, murder, rape, and dacoity. These crimes are not just against the victim but als...

Perjury Law And its Nuisances

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Is perjury a crime in India?If yes, how many people are prosecuted for perjury, especially women? Why isn't perjury considered as a serious crime in India? How many people were prosecuted for p...

Intersection of International Trade Law and Criminal Law: Legal Challenges an...

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At the intersection of International Trade and Criminal Law emerges a complex and dynamic environment that poses significant legal challenges and thus emerges several opportunities for policy d...

Infirmities In Prosecution Story

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A case of dacoity was committed at the residence of Ram Gopal, and two constables were sent to protect his family members and his property. However, Ram Gopal himself has not been examined, whi...

Revolutionizing Crime Reporting: Zero FIR and e-FIR Under BNSS 2023

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Any person can report a crime, regardless of where it happened, at any police station by using a Zero FIR. This clause guarantees that the police station will promptly register the FIR and forw...

Protecting Dignity: Legal Challenges in IPC 354 Prosecutions

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Section 354 of the Indian Penal Code, 1860 (IPC) is of paramount significance for upholding the dignity and reputation of women in the society, aiming to prevent by punishing acts of assault or...

Preventing Child Sexual Abuse: A Concise Analysis of the POCSO Act, 2012

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India's children are its future generation, so they are protected by a multitude of laws, either legally or implicitly. The primary goal of the Protection of Children from Sexual Offenses Act, ...

Supreme Court Overturns Conviction in Harkirat Singh v/s Punjab: Insights on ...

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Facts Of The Case: A civil litigation was going on between Walaiti Ram and Narinder Singh over a plot of land. Walaiti Ram had obtained possession of the land before the incident in question...

Contradictions and Omissions in Legal Testimonies: Insights from Tahstidar Si...

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Contradiction means the setting of one statement against another and not the setting up of a statement against nothing. As noted in Tahstidar Singh vs. State of U.P. AIR 1959 SC 1012, all omiss...

Summary Trials in the Bharatiya Nagarik Suraksha Sanhita (BNSS)

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Summary trials, as outlined in Sections 283 to 288 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), are structured to provide a brief and expedited trial process for specific categories of off...

Understanding E-Evidence Under The Bhartiya Sakshya Adhiniyam 2023: Key Provi...

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The three new criminal laws, the "Bhartiya Nyaya Sanhita," the "Bhartiya Nagarik Suraksha Sanhita," and the "Bhartiya Sakshya Adhiniyam," have replaced the Indian Penal Code (IPC), the Code of Cr...

Supreme Court Denies Bail in Sisodia’s Delhi Liquor Case: BAIL And PMLA

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Supreme court rejects bail : Sisodia's liquor case or excise case. The apex court recently rejected the bail application of the leader of aam aadmi party manish Sisodia on Delhi liquor case. Pr...

Comprehensive Comparison Between IPC and BNS

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In an era where societal dynamics and technological advancements constantly reshape our world, India takes a bold step towards modernizing its criminal justice system. The Bhartatiya Nyaya Sanh...

Inherent Jurisdiction under Section 482 CrPC: Quashing Proceedings to Prevent...

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The inherent jurisdiction of Section 482 of the Code of Criminal Procedure (CrPC) can be exercised to quash proceedings in an appropriate case, either to prevent the abuse of the court process ...

Sextortion: An Emerging Crime and Threat to Privacy in the Digital Era

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After the emergence of the Internet, we are living in a digital era which is considered a boon for humanity. By positively using the internet, we can make our lives easier and happier. In the d...

Was Section 113 of the Bharatiya Nyaya Sanhita, 2023 Regarding Terrorist Act ...

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In a notable advancement, the term 'terrorist act' has been formally criminalized within the general criminal statute Bharatiya Nyaya Sanhita, 2023, thereby broadening the legal framework addre...

Illegal Drug Trafficking In India

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Drug dealing with India stays a huge test, presenting dangers to general wellbeing, security, and social dependability. The nation fills in as both an objective and a travel guide for different...

Electronic Innovations in New Laws: From FIR to Verdict

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"In the era of digital transformation, the interplay between law and technology can result in better crime detection and also ensure criminal justice reform". Chief Justice Chandrachud The I...

SOP for Zero FIR Registration at Police Stations

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The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has taken the place of the Criminal Procedure Code of 1973 with effect from 1st July, 2024, with the registration of a cognizable offence now...

The Role and Reliability of Accomplice Testimony in Legal Proceedings

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An Accomplice is a person who is a guilty associate in a crime. In general sense he can be understood as a person who participates in the crime voluntarily and knowingly and assists the accused...

Dakshina To Dowry: An Overview Of Existing Laws Regarding Dowry Under IPC And...

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Any young man, who makes dowry a condition to marriage, discredits his education and his country and dishonours womanhood. -- Mahatma Gandhi. The dowry is basically a practise which was relev...

Understanding Telephonic Information and Its Legal Implications: FIR and Sect...

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A telephonic information received at the police station need not, in all circumstances, be deemed to be the First Information. When no formal investigation is commenced upon such information, i...

Section 353 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Combating Misinformat...

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The BNS has introduced Section 353, an essential measure in the battle against misinformation. This new provision penalizes the deliberate creation, distribution, or publication of inaccurate i...

Inadequacy In Current Rape Laws In India

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The concept of 'Rape' as an offence was first introduced in the Indian Penal Code of 1860 drafted by Lord Macaulay. With the evolving time, there has been seen some shifts in the definition of ...

Abuse Knows No Gender: Men's Rights And The Bharatiya Nyaya Sanhita

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The Bharatiya Nyaya Sanhita (BNS) came into effect on July 1st, 2024, replacing the Indian Penal Code 1860 (IPC). When the law was first introduced to the public in 2023, several concerning iss...

Use Of Identification Parade

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The holding of a test identification process is as much in the interest of the investigation agency or the prosecution as it is in the interest of the suspect or the accused. For a while, it en...

Bharathiya Nagarik Suraksha Sanhita 2023: A Critique

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The Criminal Procedure Code of 1973 (CrPC) has now been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Forensic investigations are required by BNSS for offenses carrying a min...

Requirements Of Admissibility Of Electronic Evidence Under Bhartiya Sakshay A...

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Together with the Bharatiya Nyay Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), the colonial-era Indian Evidence Act of 1872 has been replaced by the Bharatiya Sakshya Adhiniyam (...

Criminal Revision

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RevisionRevision is the process of examination of an order of a lower court by a higher court, so as to rectify any improper exercise of judicial power. The precise purpose of revision is to e...

Object Of Questioning: The Role of Section 313 CrPC in Protecting Accused Rig...

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Section 313 of the CrPC prescribes a procedural safeguard for an accused facing trial, granting them the opportunity to explain the facts and circumstances appearing against them in the prosecu...

Factors that influencing sentencing

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A proper sentence is a composite of many factors, including the nature of the offense, the extenuating or aggravating circumstances related to the offense, the prior criminal record (if any) of...

Death in Prisons: Present Scenario

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When a person in official custody of prison passes away, it is called death in prison. The death may be natural or unnatural and caused inside the prisoner or outside in hospital or during tran...

From IPC to BNS: Legal Evolution in Addressing Mob Lynching

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Meaning: The word lynching originated in the mid-18th century in the United States. The term was used by planter chalets. Mob lynching refers to the killing of someone based on an allegation Wi...

Zero FIR and e-FIR

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whatisfirchThe dynamic nature of India's criminal justice system demands that its procedural guidelines be updated on a regular basis to guarantee prompt, equitable, and accessible justice. In ...

Effective Witness Examination: Legal Strategies and Best Practices

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A witness is typically someone who testifies during a court investigation or trial. A witness is someone who is intended to be familiar with the case's facts and circumstances. The phrase "...

Comprehensive Guide to High Court's Transfer Authority in Criminal Cases: CrP...

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The High Court may transfer any matter from one Court that is subordinate to it to another on any of the grounds listed in section 526 of the Criminal Procedure Code. All sorts of cases are cov...

Quality of Evidence necessary for imposition of death sentence

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In some cases, evidence unerringly proves the participation of all accused persons when their number exceeds one in the commission of an offense. However, this evidence may fail to indicate the...

Arrest By a Private Person: Understanding Section 40 of the Bharatiya Nagarik...

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Section 40 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) addresses the arrest by private individuals and the related procedures. A private individual may arrest or arrange for the arre...

Directorate of Prosecution: Understanding Section 20 of the Bharatiya Nagarik...

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The State Government according to Section 20 (1) of the BNSS has the authority to establish: A Directorate of Prosecution within the State, comprising a Director of Prosecution and an appropri...

Understanding Theft Under Section 379 IPC: A Detailed Analysis of K.N. Mehra ...

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This legal analysis delves into the seminal Supreme Court case, K.N. Mehra v. State of Rajasthan, which dealt with the intricate nuances of the offence of theft under Section 379 of the Indian ...

The Confluence of Legal Principles in Dowry Deaths: A Jurisprudential Analysi...

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This article delves into the nuanced judicial interpretations in the landmark cases of Satbir Singh v. State of Haryana [(2021) 6 SCC 1] and Gurmeet Singh v. State of Punjab [(2021) 6 SCC 108]....

Redefining Adultery: An In-Depth Legal Analysis of Joseph Shine v. Union of I...

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The landmark judgment of Joseph Shine v. Union of India, AIR (2019) 3 SCC 39, heralds a transformative epoch in the annals of Indian jurisprudence. The Supreme Court’s abrogation of Section 4...

The McNaughten Rules: A Jurisprudential Analysis on Insanity Defense under th...

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This scholarly article delves into the landmark case of McNaughten's Case (8 ER 718, Vol. 8), pivotal in shaping the legal doctrines surrounding the insanity defense. By exploring the nuanced c...

The Doctrine of Common Intention: Legal Analysis of Mahboob Shah v/s Emperor ...

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This legal analysis delves into the landmark judgment in Mahboob Shah v. Emperor [AIR 1945 PC 118], which elucidated the principle of common intention under Section 34 of the Indian Penal Code ...

The Doctrine of Rarest of Rare: A Landmark in Indian Jurisprudence

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The jurisprudence surrounding the imposition of the death penalty in India underwent a significant transformation with the Supreme Court's judgment in Bachan Singh v. State of Punjab [AIR 1980 ...

Bail Jurisprudence in India: Historical Evolution, Legal Framework, and Socio...

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This paper examines the jurisprudence of bail in India, highlighting its historical evolution, statutory framework, key judicial interpretations, and the socio-economic challenges associated wi...

Meaning of Appeal

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Although the term "appeal" is used in both the Code of Criminal Procedure and the Code of Civil Procedure, as well as in many other statutes, it has not been explicitly defined anywhere. Generally,...

Anticipatory Bail: Jurisprudential Milestones And Precedential Paradigms

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This research paper explores the evolution and significance of anticipatory bail in Indian jurisprudence. The paper further examines various landmark judgements pronounced by the Hon'ble Suprem...

Consideration Regarding Grant Of Bail Applies

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In a case where a judgment of conviction has been awarded, the court can release a person on bail, considering not only the nature of the offense but also other relevant factors, including its ...

Right to Private Defense under Indian Penal Code: A Detailed Analysis of Sect...

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The Indian Penal Code, 1860 recognizes the right to private defense under General Exceptions in the final 11 sections of Chapter IV, beginning with Section 96 and ending with Section 106. While...

Prospective Overruling: Its Evolution, Application, and Impact on Constitutio...

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Prospective overruling is now well settled and widely accepted as part of constitutional interpretation. It can be invoked by the Supreme Court when succeeding the law declared by it earlier. T...

Section 342 Contemplates Examination in Court and Deprecates the Practice of ...

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The privilege and duty of answering questions under Section 313 cannot be delegated to a pleader. However, the Code of Criminal Procedure (Amendment) Act, 2008 (Act of 5, 2009) has introduced ...

Object of 313 Crpc

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Section 313 of the Code of Criminal Procedure (CrPC) prescribes a procedural safeguard for an accused facing trial, granting them an opportunity to explain the facts and circumstances presented...

A Legal Void: Striking Down Section 377

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The long controversial section 377, which had declared homosexual acts to be intercourse against the order of nature with any man or woman, had also included the category of acts which go again...

Questioning u/s 313 (1) (b) Mandatory

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The question in Section 313(1)(b) is mandatory. It imposes a heavy duty upon the court to exercise greater care in ensuring that the incriminating circumstances are put to the accused and that ...

Adolescent Sexuality: Legal Implications of the Protection of Children from S...

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Protecting children from sexual offences and establishing a juvenile-focused legal system were the main goals of the Protection of Children from Sexual Offences Act, 2012 (POCSO). Article 15 of...

Is A Police Constable Considered A Police Officer?

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Section 51 (1) of the BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) pertains to the examination of an accused individual by a medical practitioner upon the request of a police officer. It ...

Plea Bargaining under BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023)

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Plea bargaining is a legal process where an accused individual in a criminal case consent to plead guilty to a lesser charge or accepts a reduced sentence in return for certain concessions from...

Bombay High Court Clarifies UAPA Applicability in Parvez Vaid and Faiz Bhiwan...

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Brief Facts The case involves Parvez Vaid and Faiz Bhiwandiwala, who were booked for alleged links with the D-Company (underworld gangster Dawood Ibrahim's criminal organization) and for their...

Case Analysis: Sabitri Samantaray v/s State Of Odisha, 2022

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Case Analysis: Sabitri Samantaray V. State Of Odisha (2022 LiveLaw (SC) 503) Bench: Hon'ble Chief Justice N.V. Ramana Hon'ble Justice ...

Key Highlights Of New Criminal Laws

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Law changes with the changing society. IPC, CrPC and Evidence are the foundation of Indian judicial system. Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA) and Bharatiya Nagari...

Analyzing Malicious Prosecution

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Malicious prosecution, arising from initiating legal action without probable cause and malicious intent, involves the wrongful abuse of legal processes. This grave accusation signifies the infl...

Analyzing India's New Criminal Laws And Their Impact On Fundamental Rights

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The new laws infringe upon fundamental rights and undermine the constitutional guarantees that have long been the cornerstone of our criminal justice system. In this column, I will expose the ...

Statement Of Accused: Witness Contradictions and Legal Dilemmas:

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Recovery occurred long after the arrest of the accused. The bloodstains on the article had already disintegrated, making it impossible to determine whether they were human blood or not. The dec...

Circumstantial Evidence: Conspiracy to Commit Murder

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It appears from circumstantial evidence in the present case that the accused-appellant, also in common with his accused brother, nursed a grudge against the deceased. The time chosen for the as...

Recording Statement of Witnesses During Investigation of Cases Under Sections...

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Under Section 180 (1) BNSS (Bharatiya Nagarik Suraksha Sanhita), during an investigation of a case, any police officer or, upon their request, any police officer of a rank specified by the Stat...

The Indian Penal Code: Mistake as Defense

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Within the framework of criminal law, justification and excuse serve as benchmarks for both dictating and prohibiting behavior in general and determining guilt or innocence in a given instance....

Insanity as a Defence in Indian Penal Code

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A person who is mentally ill is considered incapable of having the requisite mens rea to commit a crime, so mental illness provides a complete defense against any criminal prosecution. A person...

Case Study and Analysis: Charan Singh @Charanjith Singh v. State of Uttarakha...

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The case of Charan Singh @Charanjith Singh v. State of Uttarakhand underscores the critical issue of dowry deaths in India. This article provides a detailed analysis of the case, examining the ...

Interim Bail in the Context of Delhi Chief Minister Arvind Kejriwal in the Li...

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The legal mechanism of interim bail stands as a vital procedural relief within the criminal justice system of India. This article provides a detailed analysis of interim bail in the context of ...

Justice Hijacked: How Fake Rape Allegations Exploit Post: Nirbhaya Reforms

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Have you ever wondered how some laws that were meant to protect can be misused? These heinous crimes hit the climax in the December 16-2012 Nirbhaya case and were followed by legal amendments t...

Principles of Appreciation

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Each circumstance relied upon by the prosecution must be established by cogent, succinct, and reliable evidence. The circumstances must be of an incriminating character. All the proved circumst...

Mithu v/s State of Punjab (1983): A Landmark Judgment in Indian Constitutiona...

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The case of Mithu v. State of Punjab, decided by the Supreme Court of India in 1983, stands as a seminal moment in Indian jurisprudence, particularly concerning the interpretation of fundamental ri...

Criminal Justice Reform: Innovations and Reforms in the Criminal Justice System

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IntroductionCriminal justice reform is a critical aspect of societal development, aiming to address systemic flaws, enhance fairness, and promote justice. Over the past few decades, numerous innova...

Full Power to Review all evidence

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There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. The High Court in appeal has full power under Section 417 of the Code of Criminal Pr...

Grant and Cancellation of Bail in Bharatiya Nagarik Suraksha Sanhita, 2023 (B...

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Bail provisions are contained in Sections 478 to 496 in the BNSS, 2023. In CrPC, these were enshrined in Sections 436 to 450 CrPC. Bail, Bail Bond and Bond have been defined in the BNSS:In S...

Changes Brought Forth By BNS: Comparing The IPC With The BNS

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The Indian Penal Code (IPC) the main criminal code of India, has recently been replaced by a new code called the Bharatiya Nyaya Sanhita (BNS) on July 1, 2024. The IPC was a comprehensive code...

Analysing Anticipatory Bail under the Bharatiya Nagarik Suraksha Sanhita, 202...

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Anticipatory bail is a legal recourse sought before an arrest, primarily acting as a pre-arrest bail. Individuals often apply for this when they fear an imminent arrest based on false or fabric...

Federalism: Balancing Diversity and Unity in Governance

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Federalism blends geographical variety with national cohesion. The balance between these two concepts is reflected in the various forms of federalism, the division of responsibilities, and the ...

Dying Declaration and its Authenticity

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When providing testimony, the basic rule is that the witness should be actively involved in the topic of the testimony and should not vouch for the experiences of other people. Under some condi...

Default Bail under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

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According to Section 187 (3) of the BNSS, a Magistrate cannot detain an accused in custody under this provision for a total period exceeding: Ninety days for offenses punishable by death, lif...

Release of Prisoners from Jail under the Provisions of Bharatiya Nagarik Sura...

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According to Section 2(1)(b) of the BNSS, 'bail' refers to the release of an individual accused or suspected of committing an offense from legal custody. This release is conditional upon the in...

Human Trafficking As A Modern Form Of Slavery

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Human trafficking is a severe violation of human rights, resembling the historical horrors of slavery but manifesting in new forms. It entails using force, compulsion, fraud, or deceit to rec...

The Rarest of Rare Cases: Understanding the Death Penalty in India

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Capital punishment, also known as the death penalty, is the state-sanctioned execution of a person as a punishment for a crime. Typically, this involves putting a convicted criminal to death as...

Factors that influences Quantum of Sentences

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Criminal law generally adheres to the principle of proportionality in prescribing liability according to the culpability of each type of criminal conduct. It ordinarily allows significant discr...

Sentence To Be Reasonable: Why Sentencing Matters in Our Justice System

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The purpose underlying the sentence in criminal law is to punish the offender. A savage sentence is anathema to the civilized jurisprudence of Article 21. The correlation between crime and puni...

Doctrine of Estoppel: Lessons from Pickard v. Sears and Its Legal Implications

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In Pickard v. Sears, the machinery's mortgagee allowed it to stay in the mortgagor's possession, and a judgment was obtained against them. The equipment was confiscated during execution, but th...

Defamation: Laws and Judicial Intervention

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The most important thing to a man in life is his reputation. Defamation is defined by Black's Law Dictionary as the crime of intentionally and falsely damaging someone's reputation, celebrity, ...

Control Mechanism over Delegated Legislation

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The Indian Legislature is empowered under the Constitution to enact national laws. Determining a legislative policy and framing it as a code of behavior is one of the major functions of the leg...

Confession under Indian Evidence Act

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The Indian Evidence Act's Section 24 has the first instance of the word "confession." It is evident that the confessions are only one type of admission because this section falls unde...

Understanding Bail in Indian Law: Rights, Procedures, and Legal Insights

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"Bail is a Right; Jail is an Exception" - S.C. The term Bail is not defined anywhere in the code, but in the attempt of definition, it means setting a person at liberty after arrest on a charg...

Muslim Women's Right to Maintenance under Section 125 CrPC: A Supreme Court P...

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This article examines the recent Supreme Court of India judgment in Mohd Abdul Samad v. The State of Telangana & Anr. Which definitively established the right of Muslim women to seek mainte...

Investigation Before Registration if FIR

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The police have no right to refuse registration of a case when information is presented to them regarding the commission of a cognizable offense. Instead, they should proceed with an inquiry an...

Order under Section 156(3) can not be chalkenged in Superior Court

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The order made under Section 156(3) of the CrPC (Code of Criminal Procedure) serves as an intimation to the police, directing them to exercise their plenary power of investigation under Section...

From Rule To Exception: Examining The Evolution Of Bail Jurisprudence

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In our criminal justice system, the general principle is to grant bail rather than imprisonment, with recognized exceptions. This stems from the foundational belief that an arrested individual ...

When the High Court Reversed the Acquittal

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Where the High Court reversed the order of acquittal recorded by the Session Court, ignoring the major inconsistencies and discrepancies in the prosecution case, the order of the Trial Court wa...

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