DEATH PENALTY AND SOFTENING OF SUPREME COURT OVER YEARS
Authored by: Bhanu History of death penalty in India Legislative Backdrop After independence, our country retained many laws that were enacted by the colonial British government such as the Code of Criminal Procedure, 1898 (CRPC, 1898), and the Indian Penal Code, 1860 (‘IPC’). The offences where there was an option for death penalty, Section 367(5) of the CRPC, 1898 required that the Courts had to record the reasons in cases where the death sentence was not awarded to the accused. In 1955, Section 367(5) of the 1898 Code was repealed by the parliament and it significantly altered the position of …
Consequences of Breach of Decree under the Domestic Violence Act
Authored by: Chahat Aggarwal Introduction “Half of the Indian populations too are women. women have always been discriminated against and have suffered and are suffering discrimination in silence. Self-sacrifice and self-denial are their nobility and fortitude and yet they have been subjected to all inequalities, indignities, and discrimination”. – Justice K. Rama Swamy in Madhu Kishwar v. State of Bihar1 Maltreating women or subjecting them to discrimination is not a new concept and has been deep-rooted in our patriarchal society since time immemorial. However, with a paradigm shift in the dynamics of the society, with women matching their feet with the …
WOMEN EMPOWERMENT
Authored by: Anuja Saklani INTRODUCTION As said by Diane Mariechild “A woman is the full circle. Within her is the power to create, nurture and transform.” There are certain studies that shows that women empowerment means giving equal opportunities to the women to that of men. So, here are few definitions on women empowerment given by different online sources. According to The Oxford American Dictionary, “empowerment means to make someone stronger and more confident, especially in controlling their life and claiming their rights.” According to Wikipedia, “empowerment includes the action of raising the status of women through education, raising awareness, …
CONVICTION ON THE BASIS OF CIRCUMSTANTIAL EVIDENCE
Authored by: Ajay Kumar Sareen 1.1 INTRODUCTION: – In this research paper, I’ll be discussing about the meaning of evidence, its definitions, types and the importance of circumstantial evidence in conviction. I would be starting from the meaning of evidence Law according to different sources and its various definitions. evidence Law is the most crucial and important law which has constructed the way for criminal law. As it is impossible to find direct evidence in each and every case. The criminal is not so dumb that he’ll leave evidence every time. Thus, circumstantial evidence plays an important role to know …
DECRIMINALIZATION OF ATTEMPTED SUICIDE IN INDIA
Authored by: A. Sahitya Veena I) INTRODUCTION Death is a fact of life. As they say, god has gifted us this life with beautiful body and soul and only God can take it away from us. Unnatural ending of one’s own life is considered as a heinous act by various religion. So, is a person who is suffering mental agony or is not happy with his life, forced to live? If no, then why is there still a provision in the statute, and if yes, then what social interest is being served by holding the person liable for attempting suicide? …
SECTION 188 IPC AND SECTION 195 CRPC: A RIDDLE
Authored by: Hitesh Vachhani INTRODUCTION At present, the entire world is fighting against an appalling virus namely COVID-19. Where there is no clue as to its cure, various countries have called for lockdowns in affected areas ensuring minimal transmission of the virus. There are various government guidelines which the states are required to follow during this COVID-19 pandemic. Our Hon’ble PM had on 24th of March had announced nation-wide lockdown for 21 days and which now has been extended with certain restrictions being lifted. During the lockdown provisions of the unheard acts like the Epidemic Diseases Act, 1879 and the …
DOCTRINE OF SEPARATE LEGAL ENTITY AND IT’S EXCEPTION
Authored by: Shubhang Swaroop INTRODUCTION The Doctrine of Separate Legal Entity is a concept which makes a company a “Legal person”. It makes the company a different Legal person from its owner. It states that the owner and the company are two different Legal entities and they can be made liable Separately for the offence. The Doctrine tells that the company and the person owning the company, the company has its own obligations, its own Legal rights, its own existence which are different from the person opening the company.[i] For the company to be called as a Separate Legal Entity …
NON-PERFORMING ASSETS & ITS EFFECTS ON INDIAN BANKING SECTOR
Authored by: Supriya Rani Abstract The non-performing asset has been one of the widespread problems of the financial system and economy. The number of NPAs acts as an indicator of soundness of the banking system of any country. The problem of NPAs is faced globally but when it comes to developing countries like India, the magnitude is undoubtedly very high. The Government of India has initiated economic reforms to cope up the speed of the global economy but it is impossible to achieve unless the Indian banking and financial system will be at a complete overhaul. The paper aims to …
CONTRACT LAW WITH REGARD TO PRIVITY OF CONTRACT
Authored by: Archit Mittal INTRODUCTION- The Indian Contract Act brings within its ambit the Contractual rights that have been granted to the citizens of India. The act contains rights, duties and obligations on the Contracting parties to help them to successfully conclude business- from everyday life transactions to evidencing the businesses of multi-national companies. The Indian Contract Act, 1872 was enacted on 25th April, 1872 and subsequently came into force on the first day of September 1872. The essence of the India Contract Act has been modeled on that of the English Common Law. It is one of the most …
“Domestic violence: the repercussions for males and females”
Authored by: Khushboo Aggarwal INTRODUCTION Violence means any kind of abusive behaviour. Domestic violence means the violence that occurs within the family itself. The U.N. gives the most comprehensive definition of family violence – accordingly, violence in the family manifest itself as physical mistreatment , often repetitive , which is inter related to the existence of mental torture, neglect of basic needs and sexual molestation. Domestic violence is physical, sexual or psychological abuse directed towards one’s spouse, partner or other family member within the household. Domestic violence occurs when a family member, partner or ex-partner attempts to physically or psychologically …