Articles

September 17, 2021

tHE NEED FOR ALTERNATIVES TO imprisonment

And as diseases vary, aids must vary;  A thоusand kinds оf ill, a thоusand cures – Jeremy Bentham.  The develоpment оf nоn-custоdial measures gоes tоgether with a call оn States tо “ratiоnalize criminal justice pоlicies, taking intо accоunt the оbservance оf human rights, the requirements оf sоcial justice and the rehabilitatiоn needs оf the оffender[1]”.…

View details
Role of juvenile justice in India

A Latin maxim that suits best for the Juvenile Justice system in India is ‘Nil Novi Spectrum’ which implies that nothing is new on this earth. There has existed a presumption in the whole world since the ancient period that the Juveniles should be dealt leniently because there exists a system of thought that says–…

View details
CORRUPTION

Everybody reproaches corruption at a cultural stage however that doesn’t imply that anybody has gotten away from seasonal influenza of defilement. It’s anything but a disease in one country. Individuals overall are engaged with the demonstration of debasement. India is no special case for it. Debasement in India has even crossed the disturbing stage. From…

View details
A SHIFT from CAVEAT EMPTOR to CAVEAT VENDITOR

The “old rule” of caveat emptor had been superseded by caveat venditor such change being “rendered necessary by the conditions of modern commerce and trade.”  – LORD WRIGHT [1] Caveat emptor was generally the rule for most purchases and land sales prior to the Industrial Revolution, although sellers have much more responsibility for the integrity of…

View details
Hierarchy of Civil Courts

Whenever one says law, the first thing that comes to the mind of a lay man is courts. Courts are most important thing in any country. The Supreme Court of India located in New Delhi is the top court. Then comes the High Court which every state generally has one. And last but the not the…

View details
Art. 21 of the Constitution inferred the right to a speedy trial as a fundamental right. {SHEELA BARSE V/S UOI (1986) on 13/08/1986}

Speedy trial is a basic fundamental right, which is implicit in the safeguarding of life and personal liberty, contained in Article 21 of the Constitution, and any prisoner who is deprived of this right may petition the Supreme Court under Article 32 to have it enforced. In the event of a violation of Fundamental Rights, Article 32…

View details
POSCO ACT

The Protection of Children from Sexual Offences (POCSO) Act was enacted in 2012, and is a special law to protect children. The Protection of Children from Sexual Offenses (POCSO) Act has been in the news as of late, after Bombay High Court Justice Pushpa Ganediwala’s dubious decisions in youngster sexual maltreatment cases. Back in 2019,…

View details