Author: Drishti Bhanushali. In India, the legal framework acknowledges the importance of safeguarding women’s rights, even in the event of an arrest. These special rights are enacted to ensure that the dignity, privacy, and well-being of women are protected during the arrest process. These provisions take into account the vulnerabilities that a woman may face […]
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Current Affairs
Bihar Caste Survey: Census Act allows only Central government to conduct census, MHA tells Supreme Court
29
Aug
Aug
Only the Central government can conduct a census under the Census Act enacted in 1948, the Union Home Ministry told the Supreme Court on Monday [Ek Soch Ek Prayas v. Union of India and ors]. The subject of census falls under the Union List as per Entry 69 in the Seventh Schedule of the Constitution, […]
28
Aug
Aug
Author: Drishti Bhanushali. In India, a marriage can be registered under the Hindu Marriage Act of 1955 or the Special Marriage Act of 1954. To be eligible for marriage in India, the minimum age is 21 years for males and 18 years for females. To avoid further confusion, here’s your ultimate guide to registration of […]
26
Aug
Aug
The Supreme Court recently cautioned against placing undue reliance on dying declarations to convict a person in a criminal case, particularly when there are doubts about the correctness of the dying declaration. [Irfan @ Naka vs. State of Uttar Pradesh] A dying declaration is a statement made by a person explaining the cause and/or circumstances leading to […]
Our Blogs
False allegations, constant threat of police action amount to cruelty entitling husband to divorce: Delhi High Court
24
Aug
Aug
The Delhi High Court recently observed that levelling false allegations and giving constant threats of police action and criminal trial amounts to mental cruelty and is a ground for divorce. A division bench of justices Suresh Kumar Kait and Neena Bansal Krishna further held that where there has been a long period of continuous separation, […]
Current Affairs
Article 370 case: Are speeches in Constituent Assembly Debates binding national commitments Supreme Court asks
23
Aug
Aug
If every speech part of the Constituent Assembly Debates were to be accepted as a binding national commitment, the same would have ramifications for constitutional interpretation, the Supreme Court observed on Tuesday while hearing the Article 370 abrogation case [In Re: Article 370 of the Constitution]. A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay […]
22
Aug
Aug
The Calcutta High Court said on Monday that women have unleashed “legal terrorism” by misusing Section 498A of the Indian Penal Code (IPC), a provision which criminalises cruelty against a woman by her husband or his relatives [Swapan Kumar Das @ Swapan Das vs State of West Bengal]. Single-judge Justice Subhendu Samanta said that Section 498A was introduced […]
Current Affairs
Bus Accident deaths: Supreme Court reduces jail term of bus owner, driver without license who drove with wrist deformity
22
Aug
Aug
The Supreme Court recently reduced the punishment awarded to two persons convicted for causing a bus accident that led to 5 deaths and 63 injuries [Jinu Sebastian and Anr. vs State of Kerala] One of the convicts, who was driving the bus, had a deformity on his left wrist. The owner of the bus, the second […]
Current Affairs
Supreme Court calls for framing State rules on selection, training, pay of support persons in POCSO cases
21
Aug
Aug
The Supreme Court on Friday issued a slew of guidelines on the selection, functioning, and pay of “support persons” to assist victims and their families in cases under the Protection of Children from Sexual Offences Act (OPOCSP Act). [ Bachpan Bachao Andolan vs Union of India and ors] The guidelines laid down by a bench […]
Current Affairs
Women can file cruelty cases under Section 498A IPC after divorce but only for incidents during marriage: Gujarat High Court
21
Aug
Aug
The Gujarat High Court on Friday held that a woman can file a complaint alleging cruelty under Section 498A of the Indian Penal Code (IPC) after divorce, but only for incidents that took place while the marriage was subsisting [Rameshbhai DanjiBhai Solanki vs State of Gujarat]. Justice Jitendra Doshi held that such cases cannot be […]