Can Retweeting, Sharing Or Forwarding Offensive Posts Attract Criminal Liability? Explainer

It is often seen that many Twitter users put a disclaimer 'retweets are not endorsement' in their bio. But can this disclaimer shield one from criminal liability?Recently, the Deputy Commissioner of Delhi Police KPS Malhotra said that an individual has to take responsibility for retweets and that even endorsement of a view on social media becomes the view of the person sharing or...

What Is A "Floor Test"? Explained With Important Supreme Court Judgments

Amidst the political imbroglio in Maharashtra, the Governor has directed the Maha Vikas Aghadi (MVA) Government to take a 'floor test' and demonstrate that it still enjoys the confidence of the Legislature on the floor of the Legislative Assembly on June 30.While the Constitution of India does not contemplate that the political party which forms the Ministry should have a majority in...

Roe v. Wade Overruled : What Does Indian Law Say On Abortion?

Intense debates are going on about the decision of the Supreme Court of the United States of America which held that there is no constitutional right to abortion by overruling the 50-year old land mark decision Roe v. Wade.Rights activists and prominent public figures including US President Joe Biden, Vice President Kamala Harris, former US President Barack Obama, Michelle Obama, Bernie...

Explainer : How The President Of India Is Elected?

As the term of office for President Ram Nath Kovind is ending on July 24, an election to fill this impending vacancy will be held on July 18. Over a week after the announcement of the upcoming Presidential Election by Chief Election Commissioner Rajiv Kumar, the aspiring candidates have started seeking nomination for the forthcoming Presidential elections 2022. As per the information issued...

CrPC Section 220 - How To Decide If Two Or More Acts Form "Same Transaction" For Joint Trial? Supreme Court Explains

The Supreme Court, on Thursday, reiterated that whether two or more acts constitute the same transaction for the purpose of being tried together under Section 220 of the Code of Criminal Procedure (Cr.P.C), is purely a question of fact. The reasonable determination of the same would however depend on elements like proximity of time, unity or proximity of place, continuity of action...

Allahabad HC's Direction To Constitute Family Welfare Committees To Look Into '498A' Complaints Violates Supreme Court Judgments

Taking 'guidance' from the judgment of the Supreme Court in Social Action Forum for Manav Adhikar Vs. Union of India, the Allahabad High Court recently directed constitution of 'Family Welfare Committee' to look into Section 498A IPC complaints.,Apparently, the Supreme Court judgment which guided the High Court, had declared that such directions are impermissible.The Supreme Court in...

Explainer : Which Is The 'Appropriate Government' To Grant Suspension, Remission And Commutation Of Sentences Under Section 432/433 CrPC?

Recently, the Supreme Court reiterated that the Governor has the power under Article 161 to remit/commute/pardon sentences imposed under Section 320 of the Indian Penal Code, 1860. A three-judge Bench of the Apex Court was considering the issue appertain to remission of sentence, against the backdrop of the Tamil Nadu Governor forwarding the recommendation of the State Cabinet approving...

Explainer : What Is Order 7 Rule 11 CPC? When Can Plaint Be Rejected?

The presentation of a plaint, i.e. the pleading of the plaintiff in a suit; marks the institution of a civil suit. The Civil Procedure Code, 1908, provides for the remedy of rejection of plaint under Order VII Rule 11, on certain specifically states grounds. Order VII Rule 11 provides: "Court shall reject a plaint: (a) where it does not disclose a cause of action; (b) where the relief...

When the Supreme Court Sat Outside New Delhi

The Supreme Court of India recently upheld the constitutionality of the National Green Tribunal Act, 2010 (Madhya Pradesh High Court Advocates Bar Association v. Union of India, W.P. (C) 433 of 2012). The petition had challenged the constitutionality of Section 14 read with Section 22 of the Act, which provided that any person aggrieved by the decision of the tribunal must approach the Supreme Court directly. They argued that a direct appeal to the Supreme Court as against a challenge before the...

Abortion Laws In The US And Other Countries

Early this week, an initial draft majority opinion by conservative justice Samuel Alito of the US Supreme Court was published by Politico. The leaked document stated, Roe v Wade "must be overruled". The leaked document, drafted by Justice Alito touches various topics concerning the constitutionally protected right of abortion granted by Roe v Wade and the subsequent 1992 Planned Parenthood v. Casey decision. While rejecting Roe's logic and legal protections, Justice Alito stated...

What Are The Basic Principles Relating To Bank Guarantees, Their Invocation & Interdiction? Delhi High Court Answers

The Delhi High Court has settled down the basic principles relating to bank guarantees, their invocation and the interdiction of such invocation. While observing that commercial contracts often contain clauses requiring the contractor to furnish bank guarantees, Justice C Hari Shankar said that such bank guarantees are either bank guarantees provided towards security for having been awarded...

Analysis of The Criminal Procedure (Identification) Bill, 2022

The Criminal Procedure (Identification) Bill, 2022 (hereinafter referred as the Bill) provides for collection of 'measurements' from any convict or a person arrested for an offence. The term 'measurement' used in the Bill has a broad scope insofar as it now includes not only the physical, behavioural attributes of a person but also, the biological samples. Furthermore, the Bill also expands the scope of the person who shall be empowered to take such measurements. One of the most ...