Under Article 21 of the Indian Constitution, the right to life has been offered a principal status by the judiciary. Article 21 and 22 ensure against arbitrary detainment and arrest and the legal judiciary now. In a few cases, it has defended this interest and restricted the leader's power to make pointless arrest and confinement. Police have been charged over a..
OVERVIEW Lisa Montgomery became the first women in the last 7 decades to be executed by Federal Death Penalty. She was convicted for murder of a 23-year-old Bobbie Jo Stinnetts and abduction of her only unborn child in 2007 and got executed in Jan 13,2021 on Federal Row Death. <h2 style="text-align: justify..
KEY TAKEAWAYS The case in reference is Fr. Thomas Kottoor v. State of Kerala [C.P. No. 2/2009 of CJM, Ernakulam in R.C. No. 8 (S)/1993/CBI/KER. The decisionin the case was pronounced by CBI special court Judge J. Sanal Kumar...
Police Clearance Certificate By Kishan Dutt Kalaskar, A Police Clearance Certificate (PCC) is an official record given to a person by the Indian Police or an approved Indian Government official. It recognizes any criminal records that an individual may have against their name and, gives a clearance certificate if such records..
THE KERALA POLICE (AMENDMENT) ORDINANCE, 2020 • The Governor of Kerala, Mr.Arif Mohammed Khan promulgated an Ordinance to further amend the Kerala Police Act, 2011 (8 of 2011), namely, the Kerala Police (Amendment) Ordinance, 2020(Ordinance No. 79 of 2020). • The aforementioned..
The Central Bureau of Investigation (CBI) has booked 17 people for allegedly defaming the Indian judiciary and targeting the judges of Andhra Pradesh High Court as well as the Supreme Court. The development comes in the backdrop of a direction made by the Divisio..
A divorced woman, who files an application before the Magistrate court as an aggrieved person under the Protection of Women from Domestic Violence Act, 2005 (D V Act), can claim a bunch of remedies, except residence in a shared household. However, no court appears to have allowed re..
WHAT IS THE CASE? • During the Suo moto proceedings related to inadequacies and inefficiencies in the criminal trial system, the Supreme Court sought the response of all High Courts on the implementation of Draft Rules of Criminal Practice prepared by the amici curiae (someone who assists the Court by offering informatio..
Dowry death, a social crime, where by wife was subjected to cruelty or harassment by her husband or his relative for demand of dowry and ultimately led to her death, within a period of seven years of marriage. As per Section 2 of the Dowry Prohibition Act,1961 which says that dowry is any property or valuable security directly or indirectly agreed to be given by- (a..
The testimony of a related witness, if it is found to be truthful, can be relied on for conviction of the accused. This is what a three judge bench of the Supreme Court (SC) held in Karulal v State of MP (Criminal appeal No 316 of 2011) while dismissing an appeal against the high court judgement in a murder case and upho..
Prostitution is a consensual sexual activity in exchange for remuneration between two consenting adults. The police and the people in India at large think that prostitution, particularly the one involving exchange of money, is a criminal activity. They act upon any incidence of prostitution and the prostitute in accordance with..
Contentions raised in the Petition: The PIL challenged the constitutional validity of certain clauses of Section 354A (outraging the modesty of woman) of IPC, to the extent that they are interpreted to exclude victims of sexual harassment who are transgender persons, as being ultra vires Articles 14, 15 and 21 of the ..
Criminal Breach of Trust a) Introduction: The Indian Penal Code deals with the offence of Criminal Misappropriation of property under the category of "Criminal Breach of Trust..
CRIMINAL MISAPPROPRIATION SECTION 403: DISHONEST MISAPPROPRIATION OF PROPERTY. The word misappropriation is defined under Section 403 of Indian Penal Co..
We live in a world where, for our amusement and necessity, we have converted several things into virtual form, but there are major thing which cannot partake physical things. We live in data-age, where data is propriety of the person and for all intents and purposes is his private property. <li style="text-align..