Blog by Niti Manthan
Facilitating young minds towards holistic development.
This article talks about the nexus of the provisions contained in the Indian Penal Code with the Constitutional document. It explains the constitutionality of the Right to Private defense and how has the judiciary interpreted it in a way that it does not breach the basic structure of the constitution. It explains how the homicide of a person by another could not be rendered as illegal.
The Burden of Proof lies upon the defense and failing to do so, it is inherent for the conviction to follow. This article explains what Burden of proof is and how does it shift its onus to the accused.
This article attempts to look for, address, and analyze the development and foundation of the majority rule government in the Small Independent realm of Sikkim since the rise of the Namgyal line till the merger of Sikkim with India in 1975. Presently the political System of Sikkim is based on democratic principle but this was not so before 1975.
Arrest, being an important tool in criminal law, serves the purpose of presenting the offender before the court so as to prevent him/her from escaping and committing any subsequent crime. Of course, an arrested person has certain rights such as a right to fair trial and that his arrest must not be without any reasonable cause. In this regard, the Apex Court in the case of Joginder Kumar v. State of Uttar Pradesh held:
“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.”
The Code of Criminal Procedure, 1973 contains the law relating to arrest in India which is of course subject to Articles 21 and 22 of the Indian Constitution. This Article exhaustively discusses the provisions relating to arrest in the Indian context.
The Indian society has high reliance on the technological advancement and fast speed Internet to search out innumerable pages of data, virtually communicate with anyone, and at anytime across the globe. The Internet has also opened doors for previously unknown criminal activities that surpass all physical barriers, boundaries, and restrictions to expose, penalize, and diminish. This article aims to provide a glimpse in to the statutory remedy of Section 509 Indian Penal Code and whether such remedy extends to abuse in reel world in the same manner as abuse in real world.
The word “police” is derived from the Greek word, “Politeia” and its Latin equivalent is “politia”. The Latin “politia” connotes the word “State” or “Administration”. In this sense, the term “police” means a civil servant body working for the welfare of the common people in a manner to preserve the order, prevention, and detection of crimes and enforce the law. A state, when it feels necessary that some portions of natural justice at the beginning of Human Civilization, human beings fought with each other for food, shelter, and existence. Administration of Justice is one of the firmest pillar of the Government and the state. The law and order in the state are maintained through the administration of Justice. The citizens were made to realize the existence as well as the importance of the state. The state itself defines the rights and duties of the citizens. It protects rights and enforces the duties. Administration of Justice implies the essential function of the state of maintaining rights and redressing wrongs. The former is through the administration of civil justice while the latter through the administration of criminal justice. Besides the offenses provided in the Penal Code of various countries, several new offenses have emerged in the efflux of change. Organized crimes like Terrorism, White Collar Crimes, Cyber Crimes, Land Grabbing are relatively a new phenomenon of modern societies and are getting multiplied at an alarming rate.