Explained| Kerala Human Sacrifice : Which States Have Laws Against Superstitions & Black Magic?

Three persons including a couple have been arrested in Pathanamthitta district of Kerala in a suspected case of human sacrifice. The couple is alleged to have killed two middle-aged women with the hope that their "sacrifice" will bring them financial prosperity. While the incident has shocked people in the state called God's own country, and elsewhere, the diabolical murder of the two women...

Explained | Nayanthara-Vignesh Shivan Controversy: What Does Surrogacy (Regulation) Act Say?

Actor Nayanthara and her husband filmmaker Vignesh Shivan on October 9 posted pictures of their twin babies on Instagram and other social media platforms. Within hours of the announcement about the newborns' birth, a controversy has erupted — questions are being raised whether surrogacy laws were followed by the couple. During a presser, the Tamil Nadu Health Minister was asked a...

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall within the ambit of...

Foreign Direct Investment In India: Law And Procedure

1.1 What is FDI? Foreign Direct Investment is an investment when a foreign company or individual acquires the stakes in the ownership of a business situated in another country. In terms of Rule 2(r) of Foreign Exchange Management (Non-debt Instruments) Rules, 2019, "Foreign Direct Investment means investment through equity instruments by a person resident outside India in an...

S. 313 CrPC - All Adverse Evidences Should Be Put As Questions; Avoid Bundling Circumstances Together With Only Single Opportunity To Explain : Supreme Court

The Supreme Court observed that while examining an accused under Section 313 CrPC, all the adverse evidences has to put in the form of questions so as to give an opportunity to the accused to articulate his defence and give his explanation."If all the circumstances are bundled together and a single opportunity is provided to the accused to explain himself, he may not ...

Different Courts Different Orders On Use Of Nets In "Mosquito Prone" Taloja Prison

Just days after a special NIA court allowed an accused in the Antilia Terror Scare Case to use a mosquito net in the Taloja prison, another special court refused the same relief to Sagar Gorkhe and journalist Gautam Navlakha in the Bhima Koregaon – Elgar Parishad Case. Special NIA Judge Rajesh Katariya in the Elgar case, however, directed the Superintendent of Taloja prison to take...

Difference Between "Per Incurium" & "Sub Silentio" -Explainer

Those things which have been so often adjudged ought to rest in peace. This statement by the English jurist, Lord Coke succinctly summarizes the jurisprudential force of the doctrine of precedent. The doctrine of precedent occupies an important position in the organization of any judicial system. It implies that a decision by a court higher in the pyramid of judicial hierarchy, binds...

Can Retweeting, Sharing Or Forwarding Offensive Posts Attract Criminal Liability? Explainer

It is often seen that many Twitter users put a disclaimer 'retweets are not endorsement' in their bio. But can this disclaimer shield one from criminal liability?Recently, the Deputy Commissioner of Delhi Police KPS Malhotra said that an individual has to take responsibility for retweets and that even endorsement of a view on social media becomes the view of the person sharing or...

What Is A "Floor Test"? Explained With Important Supreme Court Judgments

Amidst the political imbroglio in Maharashtra, the Governor has directed the Maha Vikas Aghadi (MVA) Government to take a 'floor test' and demonstrate that it still enjoys the confidence of the Legislature on the floor of the Legislative Assembly on June 30.While the Constitution of India does not contemplate that the political party which forms the Ministry should have a majority in...

Roe v. Wade Overruled : What Does Indian Law Say On Abortion?

Intense debates are going on about the decision of the Supreme Court of the United States of America which held that there is no constitutional right to abortion by overruling the 50-year old land mark decision Roe v. Wade.Rights activists and prominent public figures including US President Joe Biden, Vice President Kamala Harris, former US President Barack Obama, Michelle Obama, Bernie...

Explainer : How The President Of India Is Elected?

As the term of office for President Ram Nath Kovind is ending on July 24, an election to fill this impending vacancy will be held on July 18. Over a week after the announcement of the upcoming Presidential Election by Chief Election Commissioner Rajiv Kumar, the aspiring candidates have started seeking nomination for the forthcoming Presidential elections 2022. As per the information issued...

CrPC Section 220 - How To Decide If Two Or More Acts Form "Same Transaction" For Joint Trial? Supreme Court Explains

The Supreme Court, on Thursday, reiterated that whether two or more acts constitute the same transaction for the purpose of being tried together under Section 220 of the Code of Criminal Procedure (Cr.P.C), is purely a question of fact. The reasonable determination of the same would however depend on elements like proximity of time, unity or proximity of place, continuity of action...