Posts Tagged: criminal law

Criminal Law

What are the Rights of an Arrested Person?

“Innocent until proven guilty”, in context to this phrase, it’s very obvious that in India, the burden of proof to prove any allegation lies upon the prosecution. Until and unless an accused is proven guilty, he or she cannot be considered as a criminal. An accused who is sent behind the bars and undergoing trial is considered as an undertrial prisoner, people often mistook an accused person for a criminal. In reality, an accused person is an entity who has been alleged to have committed an offence.

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Priya Ramani Defamation case

After the landmark judgment made in the Vishaka’s case, in the year 1997 the Supreme Court came up with the Vishakha guidelines which was a redressal of all types of sexual harassment complaints that covered all the workplaces whether it be public or private and was mandated by the court to be followed. The Vishaka guidelines gave rise to several movements and initiatives to address the sexual assaults taking place at work and the trauma it creates for the women. The popular #metoo movement was also one of the initiatives in this regard. So many women availed the opportunity and came up with their stories. Lately, there has been one more improvement made in that regard i.e. after the pronouncement made by the Delhi High Court in the Priya Ramani’s case.

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Evolution of Anti-Rape Laws in India

Rape is one of the most common and under-reported crimes against women in India. According to NCRB, India recorded an average 87 rape cases every day in 2019 and 4,05,861 cases of crimes against women during the year 2019 itself. There are even classifications of rape for instance, ‘custodial rape’, ‘caste rape’, ‘gang rape’, ‘class rape’, ‘police rape’, ‘army rape’, ‘rape of minors’ & ‘date rape’. There are also other categories of rapes that are not yet acknowledged by the Indian legal system such as 'marital rape’ and ‘rape of sex workers’.

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Law Enforcement and Investigation Agencies of India

Enforcement Directorate, Central Bureau of Investigation and Narcotics Control Bureau are Law Enforcement, Investigative Agencies, and Intelligence working under different Ministries. Are their functions similar? Whether they work simultaneously for investigation of the cases? These are some of the prime questions that strike in our minds.

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Drug Abuse and the Legal Framework in India

Drug abuse is a pervasive phenomenon and a negative trend of the society. India is no way far from this vicious circle of illicit substance abuse. Excessive use of both illicit & licit substances causes public health hazards. Euphoria, stress, anxiety, depression are the outcomes of excessive drug use. A survey in India had reported that two-fifths of addicts came in conflict with the law. Almost three-fourths of addicts were unable to work at their workplaces, and addicted students could not attend to their studies.

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Freedom or No Freedom for Dr. Kafeel Khan

On Tuesday, the Allahabad High Court held that the speech made by Kafeel Khan at Aligarh Muslim University on December 13, 2019, amidst anti CAA protest doesn’t promote hatred or violence. It is nowhere threatening the peace and tranquillity of the city of Aligarh. Moreover, it gives a call for national integrity and unity amongst citizens.

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Sushant Singh Rajput Death Case: Legal Scenarios & CBI Probe.

A single Judge Bench comprising of Justice Hrishikesh Roy of Supreme Court invoked Article 142 of Indian Constitution that permits it to exercise its jurisdiction, to order CBI probe into Sushant Singh Rajput's death case by suicide.

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All about First Information Report (F.I.R)

Sec. 154 of the CRPC deals with the First Information Report (FIR) i.e. first information of a cognizable crime to the police. FIR is not defined in the Code, but it means information relating to the commission of a cognizable offence given to the police first in point of time. The reason for documenting an FIR is to set criminal law into motion and not to express all the small details therein.

Legal

Rights in Police Custody in the light of Recent Police Brutality Cases

While there was great uproar on social media recently regarding the George Floyd murder and police brutality on black people in the US, we have seen a considerable silence on the part of the “woke” Indian right wing figurines on the police brutality accounts in India. In the past 2 years, there has been an increase in the cases of police brutality in the prisons as well as outside prisons. In 2018, the number of prisoners who died in prisons across India amounted to 1,845. As alarming as the number of death in India is, the causes registered for these deaths is more alarming. Most of these deaths were registered as deaths due to natural causes and others went unregistered.

Legal

Changes in the Motor Vehicles Act

The Parliament of India passed the new Motor Vehicle Act in July 2019, and it ensured that it is all over the news once it came into force on the first day of September.

Legal

What is The Motor Vehicles Act, 1988?

The Law relating to Torts is based on the principle that every injury should have a remedy. The concept of compensation and providing damages step in at this very instance. “Compensation” is defined in Oxford dictionary as something signified to be given in recompense as opposed to the “damages” which is a value estimate.

Legal

Civil and Criminal Remedies in Cheque Bounces

For a lot of day-to- day transactions, a cheque may be used by a person for the payment to the other party. A Cheque is a negotiable instrument. It is a document that orders a bank to pay a specific amount of money from the holder’s account to the person whose name has been mentioned on the cheque. The person who is writing the cheque is known as the drawer. A cheque can be viewed as a type of bill of exchange; it came into use mainly to avoid the need of carrying large amounts of money. A cheque can be issued by and in favor of both natural persons as well as legal entities.

Posts Tagged: criminal law

What are the Rights of an Arrested Person?

Priya Ramani Defamation case

Evolution of Anti-Rape Laws in India

Law Enforcement and Investigation Agencies of India

Drug Abuse and the Legal Framework in India

Freedom or No Freedom for Dr. Kafeel Khan

Sushant Singh Rajput Death Case: Legal Scenarios & CBI Probe.

All about First Information Report (F.I.R)

Rights in Police Custody in the light of Recent Police Brutality Cases

Changes in the Motor Vehicles Act

What is The Motor Vehicles Act, 1988?

Civil and Criminal Remedies in Cheque Bounces

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