Anticipatory Bail under CrPC and its Laws
Criminal Law

Anticipatory Bail under CrPC and its Laws

Personal liberty is a fundamental right guaranteed by Article 21 of the Indian Constitution as a natural, vital, and essential right of individuals. This right is included in the Indian Constitution's immutable basic structure. When a person is suspected of committing a crime, the legal system is obligated to arrest them, bring them to trial, and punish them if they are found guilty. An individual's personal liberty is taken away when he is arrested, and securing bail usually sets him free. The right to personal liberty is intrinsically tied to the concept of bail. The right to secure bail stems from sections 436, 437, and 439 of the Code of Criminal Procedure, 1973 ("Code"), as well as the aspect of anticipatory bail added by the Law Commission's 41st report.

Continue Reading about 4 days ago
Why India Needs a Separate Law for Honor Killing?
Constitutional Developments

Why India Needs a Separate Law for Honor Killing?

Attaining a happy ending is yet a euphoria for inter-caste marriage couples in India. Hundreds of cases of barbaric slaughter of such couples come across every year in the country. This practice of honour killing still subsists even in the dire times of covid-19 pandemic, with the latest case being murder of a 24 year-old in Tamil Nadu by his father-in-law and brother-in-law for marrying an upper caste girl. Regardless of the fact that these offences are neither new nor on the decline in India, there exists no separate legislation against them. There is a thread of causes as to the need of a distinct legislation for acts of honour killing in order to tackle the situation better.

Continue Reading about 19 days ago
How to read a case citation?
Legal

How to read a case citation?

Whenever an individual searches for a case name, along with the case name one also finds certain letters and numbers suffixed to it. These combinations of numbers and letters after the party names are known as citations for the case laws being referred to. Reading Judgments for a Student is inevitable while in law school and often students don’t know how to look up to a case with citation.

Continue Reading about 21 days ago
How to become an Advocate in India?
Legal

How to become an Advocate in India?

India has a humongous judicial system which consists of more than 20 lakh of lawyers. In India when a freshly graduated law student aspires to be an advocate he or she has to go through a tedious process with the Bar Council of India. The Bar Council of India (“BCI”) is a widely recognised statutory agency that oversees the country's legal system, as  established under the Advocates Act of 1961 (“The Act”) with the goal of establishing professional standards of behaviour as well as overseeing the operations of all other State Bar Councils (“SBC”). BCI is a separate legal entity that reports to the Ministry of Law and Justice of the Indian government. Due to it being a corporate organisation with a seal and everlasting succession over both movable and immovable assets, it can sue anybody who infringes on it or be sued for its acts.

Continue Reading about 27 days ago
Why is Marital Rape still not a crime in India?
Criminal Law

Why is Marital Rape still not a crime in India?

While practically every nation in the world recognises unwanted sexual contact between a husband and a wife as a crime, India yet remains to be one of thirty-six nations that has yet to prosecute marital rape. It is a socially accepted norm that after engaging in a marital relation, a wife is considered to give her husband eternal agreement to have sexual relations with her. This makes it highly essential to bring out changes in the marital laws of nations worldwide in order to establish rule of equality and maintain order of justice, especially in a “Nation of Goddesses” like India.

Continue Reading about a month ago
Are Prenuptial Agreements Valid in India?
Recent Updates

Are Prenuptial Agreements Valid in India?

Prenuptial agreement (prenup) is a contract of European roots that is garnering its place in many other regions of the world. In its classical European philosophical sense, the contract is represented as a measure of precaution that secures the assets of both the husband and wife. In India, the concept of prenups have resurfaced time-and-again and gained popularity, such as, when Maneka Gandhi recommended the Minister of Law and Justice for the establishment of prenups as mandatory before the act of marriage. However, the legality of prenup agreements in India is a dicey road. 

Continue Reading about 1 months ago
Legal Compliances every Start-up should know
Recent Updates

Legal Compliances every Start-up should know

The Indian startup sector, which redefined the statistics in the aftermath of the pandemic, has the potential to be the 'engines of growth'. According to the Nasscom Tech Start-up Report 2020-21, India has 38 unicorns-startups with a valuation of more than $1 billion.

Continue Reading about 1 months ago
Is Abortion Legal in India?
Constitutional Developments

Is Abortion Legal in India?

Abortion is among the few matters which have been inculcated in discussions among both national and international organisations. The whole saga revolves around the dilemma of whether the right to termination of pregnancy of a woman supersedes the right to life of an unborn foetus or child. The right to life has been recognised as a very crucial aspect of the Indian Constitution as per the provisions of Article 21. 

Continue Reading about 1 months ago
How to file a Case in Consumer Court?
Recent Updates

How to file a Case in Consumer Court?

India is home to billions of consumers indulged in the market space which ranges from small necessity products like food and beverages to luxury products like a television or a car. The Consumer Protection Act of 2019 came into effect for the purpose of protecting the interest of such consumers and to give an efficient solution to the disputes relevant to them. The process of filing a consumer court complaint has been made very convenient and fast-track for satisfaction and redressal to the consumers.

Continue Reading about 1 months ago
10 Tenancy Laws Every Landlord & Tenant Should Know
Recent Updates

10 Tenancy Laws Every Landlord & Tenant Should Know

Indian government has established and approved the Rent Control Act, 1948 for the purpose of controlling rental costs and protecting tenants' rights against arbitrary eviction.  Landlords and tenants have specific rights that are protected by this law, which is enacted by the state's government. A few things a landlord and a tenant have to keep in mind while dealing with the process of renting out property, which includes written agreement, the amount of payable rent, security deposit, conditions regarding damage to the property during tenancy and so on.

Continue Reading about 1 months ago
Is there a Fundamental Right to Drink Liquor?
Constitutional Developments

Is there a Fundamental Right to Drink Liquor?

Liquor is an inseparable part of the vast majority in India. Consumption of liquor amounted to 5.4 billion liters in 2016 which was expected to go up to 6.5 billion liters by 2020. It is a matter of lifestyle and choice for individuals, irrespective of the fact if it's a healthy choice or not. This leads to a question in any common citizen's mind about whether he has the fundamental right to consume liquor or not and whether the State Government absolutely banning liquor in their territory is backed by authority and justification or not.

Continue Reading about 1 months ago
Virtual Duopoly in Telecom Sector
Recent Updates

Virtual Duopoly in Telecom Sector

India has a huge population with only 12 telecom companies catering to its telecom sector. However, there has been a drastic decline from those 12 players to merely 4 players now, i.e. Vodafone India (Vodafone), Bharti Airtel (Airtel), Bharat Sanchar Nigam Limited (BSNL), and Reliance Jio (Jio). Gradually the Indian telecom sector is on the verge of becoming a duopoly, with only Jio and Airtel as the big players, which creates a threat to a healthy competitive market.

Continue Reading about 1 months ago
Unfolding the OBC Act, 2021
Constitutional Developments

Unfolding the OBC Act, 2021

On 10th August 2021, the Monsoon Session of Lok Sabha cleared and introduced the 127th Constitutional Amendment Bill relating to the restoration of the power of identification of OBC class to the State Authorities. This Bill, which has been unanimously supported, aims at providing clarifications to a few provisions introduced in the 102nd Constitutional Amendment Bill (102nd Bill). 

Continue Reading about 1 months ago
What
Recent Updates

What's Happening in Afghanistan?

After years and years of violent civil strife, a major shift appeared to be underway in the winter of 1995 in the nation of Afghanistan. More than 40% of the country was swiftly taken over by a new organisation of proclaimed Islamic Purists and Patriots of Afghan who literally drew their name from the word "students" and called themselves The Taliban.

Continue Reading about 2 months ago
The Conundrum of Hockey as The National Sport
Recent Updates

The Conundrum of Hockey as The National Sport

Every school-going child has been tutored to believe that peacock is our National Bird, lion is our National Animal and Hockey is our National Sport. Hockey has been attributed as the National Sport of India since the textbooks of our childhood. However, it is high time for the people of this nation to do some unlearning regarding the misconception of Hockey being the National Sport of India.

Continue Reading about 2 months ago