Law School Articles
Section 124A: Journey Of Sedition Law So Far
Section 124A. Sedition definition Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine. Sedition is punishable under...
Victimization Of The Individual: The Unreported Crimes Due To Their Private Nature
Throughout the history of victim and crimes, victim's role has been shifting from time to time. At first, victims and their family were forced to deal with the issue and responsible for seeking justice on their own, but the world shifted from Middle Ages to Industrial revolution age, the burden of dealing with issue shifted from victim and their family to a formal criminal justice system. Now the focus has shifted from victim to achieve retribution to offender, to victims contributes to...
Surveillance A Threat To Democratic Society: An Analysis Of Indian Supreme Court's Order In Pegasus Case
The Apex Court on 27 October 2021 ordered for the formation of an independent expert committee to investigate the allegations related to surveillance of politicians, activists, journalists, and constitutional authorities using the Pegasus spyware, the committee will be headed by Justice RV Raveendran, former Supreme court judge. Pegasus spyware is developed by the Israeli cyber firm NSO, it has targeted hundreds of phones in India, the spyware can enter the device of the targeted ...
RBI's De Minimis Regulatory Safeguards: Inherent Enigma Surrounding Regulation of Cryptocurrencies
Proliferation of technology and emergence of digital payment services herald ushering of virtual currencies. Internet Technology has revolutionized the conventional conception of currency and financial transactions by begetting a phenomenon known as Bitcoin as the first form of cryptocurrency in the year 2009 by a developer having pseudonym Satoshi Nakamoto. Virtual currencies elude a comprehensive and a precise definition, grappled with semantic vagaries ranging from a property to means...
What's The Lakshman Rekha For 124A?
The recent action of filing an FIR on charges of sedition by the Andhra Pradesh government against MP Raghurama Krishna Raju and also on news networks for airing such information reminds us of colonial period rule. The country that takes pride in being the biggest democracy ranks 142/180 in the World Press Freedom Index, and the fundamental right to seek and disseminate information through an independent press is under attack, and one of the perpetrators is unexpected – our very own leaders....
Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat
This extant academic exercise would endeavour to adumbrate and debunk the follies of strictly construing a penal provision as contained in Section 138 of the Negotiable Instruments Act, 1881 so as to accord the defaulters a lucrative incentive to elude conviction for dishonoring a cheque payable to discharge the legally enforceable debts or liabilities and further to exhort readers to eschew adopting a construction that would invariably render the object of the statute as well as the...
The Draft Model Tenancy Act, 2020
The Ministry of Housing and Urban Affairs ("Ministry") has prepared a Draft Model Tenancy Act, 2020[1] ("MTA") with the objective of balancing the interests and rights of landlords and tenants and to create a more efficient and transparent system for renting premises, both residential and commercial barring those for industrial use. According to a background note[2] issued by the Ministry in respect of the MTA, the Government wishes to promote the growth of the rental market by creating a...
Constitutionality Of Narco-Test
The debate around the Deception detection tests in India sparked when on the night of Friday, 2 October, the Uttar Pradesh government issued a press note wanting narco-test of family of the victim in hathras rape incident. So, this article will focus in detail about the deception detection tests like polygraph, narco-analysis test, and their constitutional validity along with its criticisms.
Custodial Torture And Deaths: The Dark Side Of Indian Police
The deaths of Jayaraj and Bennix at Santhankulam in Tuticorin, Tamil Nadu due to torture in police custody has once again brought into light the ugly side of the methods used by the India's police authorities. Custodial violence and torture are so rampant in India that it has almost become routine. It represents the worst form of excesses by public servants entrusted with the duty of law enforcement.[1] The latest incident of Jayaraj and Bennix is just one drop in the enormous sea of cases of...
Residential Fees For Schools And Colleges – Whether Payable During Pandemic?
Covid-19 has had a significant impact on society. Besides causing loss of life in large numbers, it has had a devastating effect on the economy. The Government has issued various notifications under the Disaster Management Act, 2005to mitigate loss of life due to the virus. One of the decisions taken by the Government for mitigation of loss of life has been the imposition of a lockdown throughout the country. All educational institutions have been closed during the lockdown and continue...
BCI Direction To Conduct End Semester Examination : A Constitutional Scrutiny
The Bar Council of India vide its communication dated 27th May, 2020 (bearing letter No.BCI:D:1401/2020) read with the Press Release Dated 09.06.2020 has directed the Law Universities to conduct examination for the final semester students in online mode or alternatively through any other appropriate method and for the intermediate semester students after reopening of colleges/universities. This move by the Bar Council of India has raised certain significant concern about the possible ...