Posts Tagged: criminal law

Legal

Theories and types of punishment in India

Humans have always been capable of dreaming brutal ways to punish alleged witches, offenders, etc. Even the penal system in ancient India had also been very ruthless. So, it would not be wrong to say that for ages, extremely violent and brutal methods of execution and punishments have come and gone in the entire world; few of these included pushing off the cliff, being crushed by an elephant, boiling method, blood eagle, and whatnot.

Legal

Dr. Justice Dhananjaya Y Chandrachud: Most popular Judge & his landmark cases

Justice DY Chandrachud is considered one of the most hailed and progressive voices in the Supreme Court. During his service in the Supreme Court, he has been on the highest number of Constitution Benches (five judges or more), which have been constituted to hear matters on constitutional questions. He has delivered various judgments on Indian constitutional law, human rights, gender justice, public interest litigation, commercial law, and criminal law.

Legal

Bail and Arrest: Everything you need to know

Arrest and bail are the two important concepts in Criminal Law. An arrest is made as a preventive measure to bring the accused into lawful custody and to avoid any hindrances in the investigation during the trial. Bail is considered a matter of right, and refusal of bail restricts personal liberty guaranteed under Article 21 of the Constitution of India.

Legal

What is Digital Rape? Laws & Punishment

“Digital rape,” does this has anything to do with crime committed online? Is the body of the victim actually involved in digital rape? Many of you might have believed that digital rape means cyber crime or sexual offense committed online with no actual involvement of a body. But this is not true! In English, the word ‘digit’ means toe, finger, and thumb, and penetrating the same against someone's consent, is known as digital rape; it has nothing to do with cybercrime. Most of you are unaware of this term, is because, in the past, it was considered molestation and not rape. In this article, let’s discuss rape laws in India, the meaning of digital rape, the inclusion of digital rape in our country’s criminal code, and many more.

Legal

Bilkis Bano Rape Case: Why rape convicts were released?

All the 11 convicts sentenced to life imprisonment in the 2002 Bilkis Bano gang rape case walked out of the Godhra sub-jail after the Gujarat government permitted their release under its remission policy. A special CBI court in Mumbai sentenced all the accused in 2008 on the charge of gang rape and murder of seven members of Bilkis Bano’s family. Their conviction was also upheld by the Bombay High Court.

Legal

Salman Rushdie Attack: Attempt to murder & book ban

Ahmed Salman Rushdie was born in Bombay on 19 June 1947, During British Rule, into a Kashmiri Muslim that is an Indian family. He could be the son of Anis Ahmed Rushdie, a lawyer-turned-businessman who is Cambridge educated. Rushdie's father was dismissed through the Indian Civil Services (ICS) Rushdie has three sisters. Rushdie grew up in Bombay and was educated in the Cathedral and John Connon School in Fort, South Bombay; before moving to England, he attended Rugby School in Rugby.

Legal

Can government freebie promises be banned in India: SC raises concerns

Five kgs of rice, a laptop, a cycle, a 2- BHK flat etc., all these for free free free! You might have heard this from various political parties during election campaigns for the vote bank. So, are these “fokat ka maal ya muft ka tohfa?”. These are nothing but actual government freebies, in simple words, any goods or services that the government offers to the citizens for free. Freebies can include both free goodies or a scheme offering services for the people. There are several other examples of freebies distributed by the political parties in many states, such as the free DTC buses in Delhi, 1 lakh rupees to newly wedded brides in poor families in Telangana and a bunch of last-minute schemes by the Rajasthan Government etc.

Recent Updates

Blasphemy law in India : How India fights blasphemous attacks?

In search of Gods, are humans losing humanity? The act of beheading of a Hindu tailor in Udaipur for a social media post supporting Nupur Sharma over her “blasphemous” remarks against Prophet Muhammad had set the entire nation on fire and was considered by the Centre as an act of terror. So, the question here is, "Is there an urgent need for blasphemy laws in India?" What are these laws? Will implementation of such laws help in combating these terror incidents? In this article, we will be discussing all these issues.

Criminal Law

Criminal Procedure Identification Bill 2022

It is an undisputable truth that the conviction rate in our country is very low & the conviction in IPC offences is about 40%. In states like West Bengal, Andhra Pradesh, Telangana, Gujarat, Odisha and Karnataka it is less than 10%. In India, 9 out of 10 accused in sexual offences are let off in these states.

Legal

Marital Rape Laws in India

Does a woman or man lose their degree of sexual autonomy after marriage? Hon’ble Justice DY Chandarchud took a stand in the negative on the Right to say “no” (to sex) after marriage. It is generally believed that either of the spouses must ensure each other’s approval on sexual intercourse after marriage but in ancient India, marital rape was not even accepted as an issue. The primary reason behind this mentality was the patriarchal framework of Indian society and that women were considered a ‘property’ or a ‘chattel’ of their husbands. This does sound orthodox! However, in present India, courts are taking up cases based on this issue although India is among the 36 countries where marital rape is not yet criminalized, unlike 150 other countries. Read this article to know about the pros and cons of criminalizing marital rape and judicial precedents!

Constitutional Developments

Right against Sexual Harassment –A Fundamental Right

According to the recent report of the National Crime Records Bureau on Crime in India, there were 17,003 total reported cases of sexual harassment in the year 2020. Despite the pandemic and with most people working from home, still, 485 incidents of sexual harassment at the workplace were reported. Further, a study shows that male suicides are 4 times more than female suicides at a workplace. Thus, any person can be subjected to this shameful act, as it is not just a crime against the body, but it is a crime against the soul.

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.

Criminal Law

Difference between FIR & Complaint

As it is widely acclaimed that “Crime prevention is everybody’s business”, thus, the primary objective of our criminal law is to protect the law and order in society from the criminals and the law breakers. This leads us to an important question that is how we can contribute to the same? The simple answer is to report the occurrence of an offence.

Criminal Law

Analysis of the NDPS Act 1985

With the Bollywood drug case linked to the death of Sushant Singh Rajput has been the talk of the talk since 2020, with big personalities from the industry like Deepika Padukone, Sara Ali Khan, Shraddha Kapoor being summoned by the Narcotics Control Bureau, let’s talk about the Narcotics Drugs and Psychotropic Substance Act of 1985.

Constitutional Developments

What is Public Interest Litigation (PIL)?

The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence. In the USA, it was designed in the 1960s to provide legal representation to previously unrepresented groups, lie minorities, people from custody, migrant labourers, forced bonded labourers and other backward classes. It was established with the view that the ordinary marketplace for legal services fails to provide fair services to these segments of society.

Recent Updates

What’s Happening in Lakshadweep?

Lakshadweep, the archipelago of 36 islands in the Arabian Sea is witnessing a different kind of turmoil for days as the people have been protesting against the new set of reforms that were introduced by the Island’s Administrator. BJP Administrator Praful Patel, who was given the charge of Lakshadweep, after the demise of Dineshwar Sharma in December 2020, introduced these sweeping changes which created an unrest amongst the locals.

Recent Updates

Why Extraditing Fugitives is an Uphill Task for India?

Did you know in India, the success rate in extraditing fugitives is as low as 30%, with only one in every three fugitives being successfully extradited to India. Considering India’s success is abysmally low, it is important to note the challenges the country faces while extraditing fugitives from abroad. Here, we will understand the issues and the challenges!

Recent Updates

House Arrest: A Relief or A New Concern?

Human rights are the most basic rights available to any human being right from birth. Today, with the changing dynamics of the society, the mould of human rights is becoming more and more symmetrical. Human rights is a subject, the content of which keeps adding more chapters in human lives. Recently, a new pragmatic effort has been laid down by Supreme Court in Gautam Navlakha’s case.

Posts Tagged: criminal law

Theories and types of punishment in India

Dr. Justice Dhananjaya Y Chandrachud: Most popular Judge & his landmark cases

Bail and Arrest: Everything you need to know

What is Digital Rape? Laws & Punishment

Bilkis Bano Rape Case: Why rape convicts were released?

Salman Rushdie Attack: Attempt to murder & book ban

Can government freebie promises be banned in India: SC raises concerns

Blasphemy law in India : How India fights blasphemous attacks?

Criminal Procedure Identification Bill 2022

Marital Rape Laws in India

Right against Sexual Harassment –A Fundamental Right

Anticipatory Bail under CrPC and its Laws

Difference between FIR & Complaint

Analysis of the NDPS Act 1985

What is Public Interest Litigation (PIL)?

What’s Happening in Lakshadweep?

Why Extraditing Fugitives is an Uphill Task for India?

House Arrest: A Relief or A New Concern?

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