Population-Based Delimitation: Resulting In Unequal Representation

Democracy is the rule of people, by the people,[1] In a democratic system, people rule themselves either by themselves or by their elected representatives. There are two types of representative systems: proportional and territorial. The territorial representation system is based on constituencies or districts, where an elected representative represents the people residing in a...

Recording Of Search And Seizure Through Audio-Video Electronic Means Under Section 105 Of The BNSS

Modern perspectives in criminal investigation, by the integration of scientific and electronic techniques with traditional criminal investigation methods, ensure not only efficiency in the investigation but also transparency and accountability in that process.The Supreme Court, over the last few years, has consistently laid emphasis on the need and necessity of presenting scientific...

Handcuffing: Necessity Or Violation Of Rights?

“Handcuffing is prima facie inhuman and, therefore, unreasonable; it should be the last resort, not the first reflex." - Justice Krishna IyerAny popular media representation of arrest is perhaps incomplete without a scene where the police is handcuffing the arrested person. This scene has left such an indelible mark on our consciousness that we equate arrest with handcuffing, that...

Fake Cops, Real Crimes: The Rise Of Impersonation In Law Enforcement

The alarming rise in impersonation crimes, including the establishment of fake police stations, highlights a significant gap in our regulatory framework. Reports reveal cases where individuals pose as law enforcement officers, judges, military personnel, or state employees to exploit unsuspecting victims. Fake police stations, in particular, prey on citizens' trust, leading to...

Current Scenario On Death Penalty In Light Of Bharatiya Nagarik Suraksha Sanhita, 2023

India has in the past voted against a draft resolution of the United Nations General Assembly on the abolition of the death penalty. The death penalty has long been a point of contention, with strong views from both abolitionists and retentionists shaping the discourse. The long prevailing battle between abolitionists and retentionists is also evolving based on modern democratic values and...

Abolition Of The Post Of “Assistant Sessions Judge” By The “BNSS”, Whether Justifiable.

The Court of Session is one of the Courts by which ordinarily graver offences both under the Indian Penal Code, 1860 (“IPC” for short), and other laws, are triable. Under Section 9 (3) of the Code of Criminal Procedure, 1973 (“Cr.P.C” for short), Assistant Sessions Judge was one of the Judges to be appointed by the High Court to exercise jurisdiction in a Court of Session. Section 28...

The Satanic Verses – A 36 Year Ban In India Based On A Notification Nowhere To Be Found

On October 5, 1988, vide Custom Notification no. 405/12/88-CUSIII, the import of The Satanic Verses, a novel by the author Salman Rushdie, was banned[1]. To give a brief background, Rushdie then was and continues to be one of the most celebrated authors of the 20th and 21st centuries. The Satanic Verses was his fourth novel, published seven years after his epic Midnight's Children. It...

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives

The Bombay High Court judgement of 7 February in the case of ( Ne ) v. (A), is a landmark ruling that delves into the intricate issues of international child custody, the application of the Hague Convention on the Civil Aspects of International Child Abduction, and the legal principles governing child welfare across borders. The Petitioner sought a writ of habeas corpus to produce the minor child 'N', who is alleged to be in an illegal custody of the ex-husband and relatives in India and for...

Plant & Machinery: The Dilemma Continues

The sigh of relief heaved by the industry in the wake of the judgement of the Hon'ble Supreme Court in the case of Chief Commissioner of Central Goods and Service Tax & Ors v. M/s Safari Retreats Private Ltd. & Ors [Civil Appeal No. 2948 OF 2023] has been brought into question by the recommendation of the GST Council in its 55th Meeting held on 21.12.2024.The Supreme Court in...

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases

Besides domestic Interparental child custody conflicts raging all over internally, a 30 million global Indians over the globe, have generated an immense spurt in intercountry, interparental child abduction both to and from India. Not being a signatory to the Hague Convention on Civil aspects of International Child Abduction, 1980, child custody disputes are decided in India on the welfare of the...

Fresh Enrolments With UP State Bar Council: Delayed Process, Anxious Candidates & Dreams On Back-Burner

On July 30, 2024, the Supreme Court delivered a landmark judgment, ruling that the exorbitant enrolment fees imposed by State Bar Councils (SBCs) infringe upon an aspiring lawyer's right to choose a profession and dignity. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra held in Gaurav Kumar v. Union of India 2024 LiveLaw (SC) 519 that the enrolment...

Delivery Boy To Civil Judge – A Story That Inspires

The life trail of Advocate Yaseen Shan Muhammed who came second in the Kerala Judicial Services Examinations 2024 and qualified to be a Civil Judge is truly inspirational. The key to his success, according to Yaseen, is sheer determination and hard work. Turning the pages of Yaseen's book of life would give hope to many who feel that their future is bleak, dumped and depressed. LiveLaw...