Handcuffing: Necessity Or Violation Of Rights?

“Handcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna IyerAny popular media representation of arrest is perhaps incomplete without a scene where the police is handcuffing the arrested person. This scene has left such an indelible mark on our consciousness that we equate arrest with handcuffing, that handcuffing is at the essence of an arrest and that an arrest begins with handcuffing. This surface level and common...

Fake Cops, Real Crimes: The Rise Of Impersonation In Law Enforcement

The alarming rise in impersonation crimes, including the establishment of fake police stations, highlights a significant gap in our regulatory framework. Reports reveal cases where individuals pose as law enforcement officers, judges, military personnel, or state employees to exploit unsuspecting victims. Fake police stations, in particular, prey on citizens' trust, leading to financial exploitation and societal harm.These frauds are no longer limited to physical impersonation. In the digital...

Current Scenario On Death Penalty In Light Of Bharatiya Nagarik Suraksha Sanhita, 2023

India has in the past voted against a draft resolution of the United Nations General Assembly on the abolition of the death penalty. The death penalty has long been a point of contention, with strong views from both abolitionists and retentionists shaping the discourse. The long prevailing battle between abolitionists and retentionists is also evolving based on modern democratic values and the recurrence of crime in society. This article is mainly premised on analyzing the procedures governing...

Abolition Of The Post Of “Assistant Sessions Judge” By The “BNSS”, Whether Justifiable.

The Court of Session is one of the Courts by which ordinarily graver offences both under the Indian Penal Code, 1860 (“IPC” for short), and other laws, are triable. Under Section 9 (3) of the Code of Criminal Procedure, 1973 (“Cr.P.C” for short), Assistant Sessions Judge was one of the Judges to be appointed by the High Court to exercise jurisdiction in a Court of Session. Section 28 (3) Cr.P.C also fixed the sentencing limit of imprisonment of the Assistant Sessions Judge to a term not...

The Satanic Verses – A 36 Year Ban In India Based On A Notification Nowhere To Be Found

On October 5, 1988, vide Custom Notification no. 405/12/88-CUSIII, the import of The Satanic Verses, a novel by the author Salman Rushdie, was banned[1]. To give a brief background, Rushdie then was and continues to be one of the most celebrated authors of the 20th and 21st centuries. The Satanic Verses was his fourth novel, published seven years after his epic Midnight's Children. It was perceived as a book about Islam, derogatory and blasphemous towards the Prophet. It is pertinent to point...

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives

The Bombay High Court judgement of 7 February in the case of ( Ne ) v. (A), is a landmark ruling that delves into the intricate issues of international child custody, the application of the Hague Convention on the Civil Aspects of International Child Abduction, and the legal principles governing child welfare across borders. The Petitioner sought a writ of habeas corpus to produce the minor child 'N', who is alleged to be in an illegal custody of the ex-husband and relatives in India and for...

Plant & Machinery: The Dilemma Continues

The sigh of relief heaved by the industry in the wake of the judgement of the Hon'ble Supreme Court in the case of Chief Commissioner of Central Goods and Service Tax & Ors v. M/s Safari Retreats Private Ltd. & Ors [Civil Appeal No. 2948 OF 2023] has been brought into question by the recommendation of the GST Council in its 55th Meeting held on 21.12.2024.The Supreme Court in Safari Retreat held that the expression used in Section 17(5)(d) is 'plant or machinery' which is distinct from...

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases

Besides domestic Interparental child custody conflicts raging all over internally, a 30 million global Indians over the globe, have generated an immense spurt in intercountry, interparental child abduction both to and from India. Not being a signatory to the Hague Convention on Civil aspects of International Child Abduction, 1980, child custody disputes are decided in India on the welfare of the child principle. Foreign Court Orders form only one criteria of consideration....

Fresh Enrolments With UP State Bar Council: Delayed Process, Anxious Candidates & Dreams On Back-Burner

On July 30, 2024, the Supreme Court delivered a landmark judgment, ruling that the exorbitant enrolment fees imposed by State Bar Councils (SBCs) infringe upon an aspiring lawyer's right to choose a profession and dignity. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held in Gaurav Kumar v. Union of India 2024 LiveLaw (SC) 519 that the enrolment fee cannot exceed Rs.750 for advocates belonging to the general category and Rs.125 for advocates belonging...

Delivery Boy To Civil Judge – A Story That Inspires

The life trail of Advocate Yaseen Shan Muhammed who came second in the Kerala Judicial Services Examinations 2024 and qualified to be a Civil Judge is truly inspirational. The key to his success, according to Yaseen, is sheer determination and hard work. Turning the pages of Yaseen's book of life would give hope to many who feel that their future is bleak, dumped and depressed. LiveLaw interacted with Yaseen and we are proud to share his story for our readers. Yaseen hails from Palakkad...

Whether A “Prosecution Witness” Can Be Cross-Examined By Resort To Both The Limbs Of Section 145 Evidence Act (S.148 BSA) With Regard To His161 (3) Cr.P.C. (S.180 (3) Of BNSS) Statement

In order to fully grapple with the issue, it may be necessary to closely examine the wordings of the relevant portions of Section 162 (1) Cr.P.C. and its proviso corresponding to Section 181 (1) of Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS” for short) and its proviso. The scope and amplitude of Section 145 of the Evidence Act corresponding to Section 148 of the Bharatiya Saksya Adhinayam, 2023 (“BSA” for short) also will have to be looked into.S.162 (1) Cr.P.C., 1973S.181 (1) BNS, 2023162:...

Laws Governing Gold Savings Schemes By Jewellery Brands

Gold Savings Schemes are schemes generally offered by the jewellery shops allowing the consumer to purchase gold by making monthly payments not exceeding 11-12 months. For Gold Savings Schemes, generally the jewellers waive off / provide maturity discount for one / few month(s) (generally last month) of investment for the consumers. Though, the same is not mandatory in nature. Such a scheme benefits the consumer to purchase gold after its instalments at a reduced price (since the...