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 […]
NDPS Act | Can Accused Get Default Bail If FSL Report Isn’t Submitted With Chargesheet Within Prescribed Time? Supreme Court Refers To Larger Bench
https://www.livelaw.in/supreme-court/ndps-act-can-accused-get-default-bail-if-fsl-report-isnt-submitted-with-chargesheet-within-prescribed-time-supreme-court-refers-to-larger-bench-255073?infinitescroll=1 The Supreme Court has referred to a larger bench the question as to whether a person accused of committing offences under the Narcotic Drugs and Psychotropic Substances Act 1985 is entitled to default bail on the failure of the prosecution to furnish the report of the Forensic Science Laboratory along with the chargesheet within […]
Revamping Indian Penal Laws- A Welcome Move or Not?
“Punishment is justice for the unjust”- a rather hunky-dory version of reality we witness sitting behind the screens. A long-standing tradition of punishing the wrongdoer finds its place in how law should protect even one innocent person no matter if a number of guilty people go unpunished in the process. This is wherein our Indian […]