The word “remand” means “to return or send back” in a dictionary. Nonetheless, it has two distinct meanings in the legal community. First, it’s employed to return the accused to the custody of the appropriate authorities. Second, it is employed to return cases to the lower court from the appellate court. Section 187 of the …
The Law Commission of India in its 230th report stressed the issue of uncle syndrome and stated that it needs to be addressed to maintain fairness and impartiality in the judiciary. It recommended that the Judges of the High Court should not be appointed to such High Courts where their relatives practice. There might be …
The colonial-era law which is IPC, criminalized attempts to commit suicide. It was viewed as a crime against the state. Section 309 of IPC punishes such an offense with one-year imprisonment. This provision not only stigmatizes such an act of those persons who were under distress but it used to restrict them from seeking help. …
The aim behind making BSA is to modernize and simplify the presentation of evidence in the court. These new provisions will make the judiciary more technologically efficient. The BSA clearly tackles the new types of crimes like cyber crimes and vulnerable groups. The BSA has retained many provisions of the Indian Evidence Act but it …
As the world is moving towards digitalization, courts, and our judiciary are also opting for digital ways. There is a new concept of digital summon has been adopted. The summon can be served digitally via an email or WhatsApp. It is much more convenient and faster than the traditional way of summoning a person. Even …
Regarding intellectual property rights, copyright infringement is a major issue that harms artists’ and creators’ reputations. For this reason, it is crucial for copyright owners to comprehend and investigate the range of legal remedies available to prevent such infringement. A few of these remedies are accounts of profits, damages, and injunctions. Having a thorough understanding …
The Bharatiya Sakshya Adhiniyam addresses leading inquiries under Section 146. A leading question is one that gives away the answer or forces a witness to say something. It’s an inquiry meant to nudge or persuade a witness into providing a certain response. Leading Questions: What are they? Section 146 of BSA: Example Section 146 of …
An accused person’s voluntary admission of guilt is known as confession. Lord Atkin noted in the ruling in Pakala Narayana Swami v. Emperor (1939) that a confession entails either the admission of the offense or the admission of every detail that makes up the offense. As per Section 23 of the Bharatiya Sakshya Adhiniyam, a …
Mob Lynching is a form of violence in which a group of people executes a presumed offender and inflicts torture upon him. They did it on the pretext of administering justice without any trial. It is an illegal way of punishing someone. It is a way of going against the law. This act of punishing …
The newly enacted BNS talks about punishment for culpable homicide, not amount to murder. The difference between murder and culpable homicide is between the intention and the surrounding circumstances. Section 105 of BNS talks about this. It also includes those acts that come under the exceptions of murder. These can be grave and sudden provocation, …
