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Mohd. Ahmed Khan vs Shah Bano Begum And Ors 1985 SCR (3) 844 It was a controversial maintenance lawsuit. In this case, Supreme Court granted the maintenance to a divorced muslim woman irrespective of what the Muslim personal law says. Supreme Court held that Section 125 of CrPc is also applicable on Muslims. Supreme Court …
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 …
Domestic Violence – A Cruel Reality Of Modern India Read More »
Indian Judiciary has the largest backlog of pending cases in the world. According to National Judicial Data Grid (NJDG), around 3.7 million cases are pending before the High Courts, District and Taluka Courts across India or even more than 3.7 million for over 10 years. This statistics truly justifies “justice delayed is justice denied”. The …
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 …
Bail or Jail – The Supreme Court clarifies the law and lays down the guidelines Read More »
Introduction of definitions The terms ‘bail’, ‘bond’ and ‘bail bond’ while used throughout the CrPC, have not been defined therein. The BNSS introduces definitions for these terms for the first time in Cl.479. Bail is defined under sub-clause (a) as ‘release of a person accused of an offence from the custody of law upon certain …
Criminal Law Bills 2023 Decoded #22: Provisions Pertaining to Bail and Bonds Read More »
Introduction The world today is governed by the centers of economic power. In the modern format of heavy reliance on private companies in an economy, the key questions of the criminal liability of these companies are often faced by the courts. The more nuanced and detailed study of corporate criminal liability raises a deeper question …
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 the …
Introduction On the court’s recommendation in the case of Ram Babu Mishra v. State of Uttar Pradesh, where the court thoroughly examined the necessity for enacting legislation along the lines of Section 5 of the Identification of Prisoners Act, Section 311A of the CrPC, which focuses on the magisterial power of ordering the specimen signatures …
Exploring Section 311A of the CRPC: Arrest and Pre-trial Detention Possibilities Read More »
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