Mercy Petition - Article 72 and 161 of Indian Constitution

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To seek a mercy petition, the death sentence by the Session Court must be confirmed by the High Court. The convict who has been given a death sentence can appeal to the Supreme Court. Suppose the Supreme Court refuses to hear the appeal or upholds the death sentence.

In that case, a mercy petition can be submitted to the President of India under Article 72 of the Indian Constitution or to the Governor of state under Article 161 of the Indian Constitution.KEEP READING

Section 154 CrPC Information in Cognizable Cases

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No statutory regulations have been provided in the Criminal Procedure Code to determine the nature of an offence as a cognizable or non-cognizable one. However, the code under Schedule I categorises certain offences as cognizable and non-cognizable ones.

Cognizable crimes are heinous in nature which embraces offences like rape, murder, theft, waging war etc. In cognizable cases, the information is given to the nearest police station, which registers the FIR and starts the investigation.KEEP READING

Jurisdiction Advantages and Disadvantages of Administrative Tribunals

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With respect to administrative law, tribunals are referred to those bodies which have quasi-judicial power (not similar to court procedures). They are not like the sub-ordinate courts or superior courts. Quasi-judicial authorities are established under an act of Parliament or of the state legislature to discharge adjudicatory functions.

Our courts are overcrowded with numerous cases. Therefore, for speedy and effective justice, part of the judicial power is delegated to the tribunals.KEEP READING

102nd Constitutional Amendment Act Explained

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The 102nd Constitutional Amendment Act introduced the following articles into the Indian Constitution.

> Article 338B: Deals with Structure, Duties and Powers of NCBC (National Commission for Backward Classes).
> Article 342A clause 1: Empowers the President to notify the list of SEBC (Socially Economic and Backward Classes for each State and Union Territory in consultation with the Governor.
> Article 342A clause 2: Empowers the Parliament to amend the Central List.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

Non Legal Ways To Successfully Fix and Save a Broken Marriage

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A few alternatives to legal remedies that can save a marriage from falling apart are-

1. Mediation

Meditation is a form of Alternative Dispute Resolution (ADR) which aims to assist two or more persons involved in a dispute in reaching a mutual agreement. The content of that agreement is decided by the parties themselves rather than accepting something imposed by a third party.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

National Human Right Commission

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Being human, there are certain rights like the right to life, right to dignity, right to livelihood, and many others. Human rights are moral rights. They are universal rights. It is observed that the rights don’t serve the purpose unless they are protected. For the protection of human rights, there have been conventions, summits, and formation of commissions.

This is the reason for the creation of the National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC).KEEP READING