Domestic Violence: It is a typical violent or aggressive behavior of usually a spouse/ partner or any other member within the household. Nature of Remedies: The legislature has given criminal and civil remedies to deal with the nuisance of domestic violence. Criminal remedy: Section 498A, IPC provides a remedy to women where the conduct of […]
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ORIGIN OF FREEDOMS & LIBERTIES AND RELIGIOUS PERSPECTIVE Human beings with unique abilities and capabilities of thinking, understanding, imagining, forming associations, and devising the rationale, have made them the most distinct, evolved, and successful species on this Planet. The origin of freedoms & liberties can be traced to the inception of humankind from the Stone
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HISTORY OF REPRESSIVE LAWS AND TRIALS IN THE INDIAN CONTEXT Origin of Sedition (Section 124 A, IPC): The original Indian Penal Code, 1860 drafted by Lord Thomas Babington Macaulay did not have Section 124 A, IPC (Section 113 of the old code). When the matter came up for consideration in 1870, Sir James Fitzjames Stephen,
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UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 India’s wars with China and Pakistan resulted in severe UAPA; there is no opportunity for anticipatory bail, and the minimum punishment is five years, with the maximum being life imprisonment. In terms of bail, the prosecution need simply establish a prima facie case, and this rule should be considered in
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ARE THESE PROVISIONS LICENCE TO ABUSE POWER? In 2019, the petitions were filed to contest the constitutional validity of Sections 35 and 36 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) as amended in 2019 where it was prayed that Sections 35 and 36 be struck down and declared unconstitutional. The constitutionality of Sedition is
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ORIGIN OF FREEDOMS & LIBERTIES AND RELIGIOUS PERSPECTIVE Human beings with unique abilities and capabilities of thinking, understanding, imagining, forming associations, and devising rationale, have made them the most distinct, evolved, and successful species on this Planet. The origin of freedoms & liberties can be traced to the inception of humankind from the Stone Age,
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According to the oxford dictionary, the word “inherent” means “the basic permanent part of something which cannot be removed”. So by that definition, the term ‘inherent’ refers to something having a permanent, absolute, indivisible, essential, or distinguishing property. Inherent Power of Courts under CPC are those that can be used by the court to render
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WHAT IS FIR? The term FIR has not been expressly laid in the Indian Penal Code, 1860 or the Criminal Procedure Code, 1973 but it is provided under Sections 154 IPC (information in cognizable cases) and section 155 IPC (information as to non-cognizable offenses). It is the information related to a cognizable offense, which can
