Criminal law in India has undergone many amendments. The most important of these amendments is the 2013 Criminal Law Amendment. This came in which was called for in the backdrop of the infamous Nirbhaya Gang Rape case. The Nirbhaya Gangrape case was one that shook the collective conscience of the entire country. The amount of…
The number of unresolved cases is troubling. One of the causes for the massive growth in the number of pending cases in High Courts is the failure to fill judge vacancies in a timely manner. There are now about 100 such positions. All of the delays, lack of accountability, and half-baked ideas make the fundamental…
Under the Constitution of India, the police is a state governed subject. As a state subject listed in List II of the Constitution’s Seventh Schedule, the police system is governed by the Police Act, 1861 and numerous state statutes. Each state government has the authority to establish its own police force under the Police Act.…
INTRODUCTION Criminal Intention is the perfect structure of blameworthiness of mind or mens rea. Intention occupies a symbolic place in criminal law. As the very best structure of the intellectual element, it applies to murder and the gravest shape of crimes in the crook justice system. The time period ‘intention’ is now not defined in…
“Confinement imposed generally on a defendant in criminal case who has threatened to violate the law while awaiting trial or disposition or of a mentally ill person who may harm himself or others.”- Black Law Dictionary. India has a long history of preventative detention and is one of the few countries with preventative detention legislation.…
Assault and Battery both are crime and unlawful activities which is done by the person these are the intentional torts but they are not similar. Assault is harming someone without touching it only includes the threats against the other person while in the case of battery intentionally touching the person without the person ‘s consent…
A company has none of features that characterize a living person, a mind that can have knowledge or intention or be negligent. But company, being a body corporate can sue and be sued in its own name. In the statutes defining crimes, the prohibition is frequently directed against any person who commits the prohibited act,…
The Right to Keep SilentIt means that courts or courts generally should not conclude that a person is guilty or not committing a crime because he or she did not answer questions asked by a police officer or a court. In a report by the Malimath Justice Committee it was stated that the right to…
The Indian Penal Code, Chapter XIII, Sections 264 to 267, addresses offences involving weights and measures. According to Section 264 of the Indian Penal Code, 1860, anyone who fraudulently uses any instrument for weighing that he knows to be false is punishable by imprisonment of any description for a time up to one year, a…
Rape is an offence worse than murder as it is an assassination of a woman’s dignity which she is destined to suffer throughout her life. Of late, a specific form of rape called as marital rape, is being recognised as a heinous crime in the western world. Marital rape occurs when women’s bodies are outraged,…
