Bail in NDPS Cases in India: Understanding the Legal Landscape Under the NDPS Act getting bail is not an easy thing, whereas, under ordinary criminal cases, bail is the rule and jail is the exception. However, under the NDPS Act, it is reversed. Section 37 of the Act imposes strict requirements for the grant of […]
Nixon in 1968: drug abuse is “public enemy number one.” “In order to fight and defeat this enemy,” he continued, “it is necessary to wage a new, all-out offensive.” With that statement, the “war on drugs” began.
John Ehrlichman, a top Nixon aide (1994): The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I’m saying? We knew we couldn’t make it illegal to be either against the war or black, but by getting the public to associate […]
Important anticipatory bail case laws
Introduction The Code of Criminal Procedure (CrPC) is the legislation that governs the administration of criminal proceedings in the country. It was enacted in 1973. Offences are classified into two based on their bailable nature, i.e., bailable offences and non-bailable offences. An offence in simple language is an act or an omission prohibited by law. The concept […]
Leading Case Laws of Family Law
Sushil Kumari Dang v. Prem Kumar Here, a petition for restitution of conjugal right is filed by the husband and the husband accuses his wife for adulterous conduct. Following which he filed another petition for judicial separation which shows the extent of his sincerity and interest in keeping the wife with him. So, the Delhi […]
Domestic Violence – A Cruel Reality Of Modern India
Let’s first understand the phrase “domestic violence.” Let’s consider them as two separate words. “Domestic” means “within the realm or the household territory” and “violence” means “using physical force to hurt and to cause damage”. Therefore, as a phrase “domestic violence” is a “pattern of coercive and assaultive behaviours that include physical, sexual, verbal, and psychological attacks and economic […]
Types of cases addressed in family courts
ommon cases heard in family courts India is one of the countries with the largest population, due to which there are many married couples in the country. While having this large number of married couples, there will be more chances of having more cases of disputes between the couples and their family. And for seeking […]
Bail or Jail – The Supreme Court clarifies the law and lays down the guidelines
INTRODUCTION The Supreme Court of India has in its recent landmark judgment in Satender Kumar Antil[1] laid down guidelines on the grant of bail to an accused and while doing so, it has reiterated aspects of personal liberty and constitutional guarantees available to an accused under criminal jurisprudence. The Court observed that while its discussion and findings […]
Criminal Law Bills 2023 Decoded #18: Fitness to stand tria
Implications of Change in Terminology The term ‘mental illness’ has been introduced in the BNSS without providing any definition. However, the BNS clarifies that ‘mental illness’ shall have the same meaning as provided under s.2(a) MHCA.[4] The MHCA defines ‘mental illness’ as ‘a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, […]
Unconstitutionality of Premature Release: Examining the Abuse of Remission Policies
Premature release entails a prisoner’s release before the completion of his judicially ordained sentence. States may grant premature release to convicts owing to several factors, as laid down in the case of Bir Singh v. State of Himachal Pradesh, which includes good conduct by the prisoner, no commission of jail offence, prisoner’s punctual return from furlough, […]
Fundamental of Enforcement Directorate in India
The laws ED deals with Currently, the ED deals with four laws: 1. The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law to prevent money laundering and to provide for confiscation of property involved in money laundering. 2. The Foreign Exchange Management Act, 1999 (FEMA): A civil law that deals with the foreign […]