Right to Equality Article 15 of the Indian Constitution Explained

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Article 15(1) of the Constitution of India says that there should be no discrimination on the grounds of only religion, race, caste, sex and place of birth or any of them.

Article 15(2) further provides that the citizens, as well as the states, should not make such discrimination concerning access to shops, hotels, etc. and also to all places of public entertainment, wells, tanks, and more.KEEP READING

Transfer of Cases under CrPC

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The provisions related to the transfer of cases are given under Chapter XXXI, from sections 406 to 411 of the Criminal Procedure Code, 1973.

To secure a fair, honest and impartial trial, sometimes the transfer of a case becomes necessary. If an accused person believes (with a reasonable cause) that he may not receive a fair trial at the present court, he should be empowered with the right to have his case transferred to another court.KEEP READING

What are the Legal Protections Available to an Accused

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Along with the rights granted to the accused, some legal protection is available as well. Protection to the accused is provided with a view of human dignity that is given to every citizen. This short law note states the legal protection that is available to an accused under a criminal trial. And, these can be stated as:

1. Doctrine of double jeopardy.
2. Presumption of innocence.
3. Doctrine of self-incrimination.KEEP READING

What is Inter-State Arrest and its Guidelines

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The guidelines are as follows:
1. The police officer must take the prior written permission of the superior officer to go out of the state or union territory to carry out the investigation. He can take permission on the phone only in case of urgencies.

2. In cases where the police officer decides to arrest an accused in another state, he must write facts and reasons so as to satisfy why the arrest is necessary. The police officer must attempt to get an arrest or search warrant from the magistrate having jurisdiction.KEEP READING

Important Case Laws on Dowry Death - Section 304B, IPC

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The demand for dowry can be seen almost everywhere. Though Bharat is developing and we already have entered into a modern society, the practise of dowry demand is still prevailing. The provision related to dowry death is given under section 304B of the Indian Penal Code.

In this article, you are going to read the case laws that are related to dowry death. Along with that, the recent judgements related to dowry death are also covered.KEEP READING

Offence Related to False Evidence

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Firstly, let us understand what evidence is. Any material facts or signs that the court requires to prove something true or verify the truth of any alleged matter can be termed as evidence.

The following article talks about provisions related to false evidence as per Chapter XI of the Indian Penal Code. False evidence as an offence is contained under sections 191 to 198 of IPC. Let us understand these sections in detail.KEEP READING

Right of Muslim women to take divorce under Faskh

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Faskh means cancellation, abolishment, recision, revocation and abrogation annulment. Under Muslim law, a lady can move towards Qazi for dissolving her marriage. This can be done when husband and wife both conclude that they cannot live together as husband and wife. The Qazi, after a thorough analysis, terminate the marriage.

Before the Dissolution of Muslim Marriage Act, 1939 came into force; there was no law or legislation under which a Muslim woman could plead for the dissolution of her marriage.KEEP READING

Britain House of Lords vs Senate of USA

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The House of Lords of Britain and the Senate of the USA are the upper Houses of their respective Parliaments. Though there are similarities between both of them, distinctions can’t be left unnoticed. Here is an article that discusses the comparison between the upper houses of the Parliaments of Britain and the USA i.e. House of Lords and Senate.

Members of the Senate (senators) are chosen directly by the people. In comparison, there are a few distinct ways to be a member of the House of Lords.KEEP READING

Consent as a General Exception

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Consent means “to agree upon the same thing in the same sense.” It is said to be given when a person agrees upon a thing being done with his own will and not because of any fear, force or misconception. The element of consent excuses offences against the human body and property.

Sections 87 to section 89 of the Indian Penal Code lays down that if certain acts are committed with the victim’s consent, they will not be considered an offence, and the offender will not be held liable for the same.KEEP READING

Intoxication as a General Exception under IPC - Section 85 and 86

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A state of a person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance is known as intoxication. In cases where a person is incapable of knowing the nature of the act or what he is doing is wrong or opposed to the law due to intoxication, it will not be considered as an offence.

Intoxication as a general defence/exception can be better understood from section 85 and 86 of the Indian Penal Code, 1860.KEEP READING