Posts Tagged: criminal

Legal

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.

Legal

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.

Legal

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.

Legal

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.

Legal

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.

Recent Updates

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.

Recent Updates

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’.

Recent Updates

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.

Recent Updates

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.

Recent Updates

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.

Recent Updates

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.

Recent Updates

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.

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?

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)

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