Know the Law
“Section 27” Of The Evidence Act And The Verdict In “Pulukuri Kottaya” Continue To Elude The Comprehension Of Many Judges At All Levels
A “confession” made to a “police officer”, by a person (presently or subsequently) accused of an offence cannot be proved against him and is, therefore, inadmissible in evidence before a Court of law in view of Section 25 of the Indian Evidence Act, 1872 (“Evidence Act” for short). Similarly, a confession by a person (presently or subsequently) accused of an offence and made...
Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be forwarded to the Juvenile Justice Board for appropriate...
Explained: Why Is There No End In Sight For DMRC-Reliance Infra Dispute Despite Court Orders?
Delhi Metro Rail Corporation (DMRC) and Reliance Infra-owned Delhi Airport Metro Express Private Limited (DAMEPL) are engaged in a long-drawn battle over an arbitral award which attained finality in 2021 when Supreme Court ruled in favour of the latter. DMRC, which is owned by both the union government and Delhi government, has failed to pay the award money to DAMEPL despite multiple orders...
Manish Sisodia Sent To CBI Custody For Not Giving 'Satisfactory Answers': What Have Courts Said On Right Against Self Incrimination & Power To Arrest?
A Court on Monday remanded Aam Aadmi Party leader and Delhi Deputy Chief Minister Manish Sisodia to CBI custody for five days in the Delhi liquor policy scam case. Sisodia’s legal team, while opposing CBI’s application seeking custody, laid emphasis on the alleged violation of Section 41 and Section 41-A CrPC.It was also argued that he cannot be remanded to CBI custody for the purposes...
Explained | UAPA, Extension Of Period Of Investigation Beyond 90 Days & Court's Duty
Unlawful Activities (Prevention) Act, 1967 is a stringent law that makes it almost impossible for an accused under it to get bail. As a result, undertrials continue to languish in jail for years, sometimes even without charges having been framed by the court.The Act has been repeatedly invoked against activists and protestors in recent years. But special provisions on bail aren’t the only...
Why Are POCSO Act's Provisions On Mandatory Reporting Under Challenge?
Delhi High Court on Tuesday issued a notice on a public interest litigation challenging the provisions of Protection of Children from Sexual Offences (POCSO) Act, 2012, that pertain to mandatory reporting of suspected sexual abuse of minors. The petition filed by a lawyer particularly challenges the mandatory reporting in context of consensual sex between minors.In recent years, there has been...
Section 319 CrPC : Supreme Court Reiterates Procedural Safeguards To Prevent Misuse Of Power To Summon Additional Accused
The Supreme Court has observed that procedural safeguards can be put in place to prevent the frequent misuse of power to summon additional accused under Section 319 Code of Criminal Procedure, 1973. A Bench comprising Justice Surya Kant and Justice J.K. Maheshwari, while deciding a Criminal Appeal challenging the order of the Punjab and Haryana High Court that had allowed an application...
Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED
Courts in India are witness to bitter matrimonial disputes and the children often become victims in the battles of their own parents. The fact that a child was born during the subsistence of a valid marriage is legally considered a conclusive proof of the “legitimacy” of the child, unless proven otherwise. However, the courts often have to deal with applications questioning the paternity...
EXPLAINED | Can Conviction Under IPC 498A Sustain If Marriage Is Declared Null & Void?
The Supreme Court on February 09 set aside the conviction of three persons under Section 498-A of the Indian Penal Code. It observed that the conviction would not be sustainable as the marriage has been found to be null and void. Under Section 498-A IPC, a husband or his relatives can be sentenced to a jail term of three years for subjecting the wife to cruelty.The CaseIn the case from...
Articles Of Association: The First Principles
To incorporate the company, the company goes through the process of incorporation and for this the company needs to have a constitution. The main aspect of the company’s constitution is originated in the articles of the association because it governs management of Company, which includes the rules and regulations along with the company’s objectives. It is the contract which contains...
Important Judgments on Section 125 CrPC
“This provision is a measure of social justice and specially enacted to protect women and children and falls within the constitutional sweep of Article 15(3) reinforced by Article 39. We have no doubt that sections of statutes calling for construction by courts are not petrified print but vibrant words with social functions to fulfil. The brooding presence of the...