adultery, crime, law, india

Adultery is not a Crime in India, Supreme Court rules

Nov 29th, 2018 Constitutional Law, Criminal Law, Uncategorized Prerana 18 min read

Introduction to the Law on Adultery in India Meaning and History: Adultery is derived from the Latin word ‘adulterare’, wherein ‘ad’ means ‘to or towards’ and ‘alter’ means ‘to change something, make different in some way’. For the purpose of better understanding, adultery means consensual sexual intercourse during the subsistence of the marriage between one spouse and a person of the opposite sex, not the…

divorce, marriage, irretrievable breakdown of marriage, cruelty, ground for divorce, filing of false cases, section 125 of CrPC, Section 498A

Filing false cases against spouse is cruelty and ground for divorce

Apr 24th, 2017 Civil Law, Criminal Law Prerana 7 min read

Divorce Case: Mrs. Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes  A case of Irretrievable Breakdown of Marriage and mental cruelty by wife in the form of false allegations against the husband Facts: The husband and wife were married as per Christian rites on 28/12/1987. They had two daughters. In 2005, husband filed a petition for divorce on the grounds of cruelty and desertion. He…

juvenile justice act, juvenile justice, child, justice, criminal law, crime, juvenile justice board, juvenile assessment board

Juvenile Justice: Should a 16 year old be tried as an adult or child?

Dec 19th, 2016 Criminal Law Prerana 12 min read

Introduction to Juvenile Justice Act:  This post has been written by Aarohi Mikkilineni, student at New Law College, Bharati Vidyapeeth Deemed University, Pune. The Juvenile Justice (Care and Protection of Children) Act, 2015 came into existence after the 2000 Act was repealed keeping in consideration the rise in Crime Rates (With Reference to NCRB Data it can be noted that in 2004 the incidence of Cognizable…

soumya murder case, markandey katju, supreme court, judge, SCI

Soumya Murder Case: Awaiting the debate between Justice Katju and the Supreme Court Bench

Oct 20th, 2016 Criminal Law Prerana 1 min read

Hi All, I have posted my latest article on Soumya Murder Case and Justice Katju’s criticism of the Supreme Court’s decision acquitting the accused of murder charges on Practical Academy. The blog post can be accessed HERE. The Article has a detailed analysis of the facts of the case Govindswamy v. State of Kerala, the arguments put forth by the state and the defence attorney, and the decision…

sedition, sedition law, free speech, freedom of expression, india

How is Sedition Law in India is killing free speech?

Sep 8th, 2016 Criminal Law Prerana 9 min read

What is Sedition? “Graver the offence, greater should be the care taken so that the liberty of a citizen is not lightly interfered with.” – Supreme Court In order to understand the meaning of sedition, one needs to look into Section 124A of the Indian Penal Code, 1860. It states “Whoever, by words, either spoken or written, or by signs, or by visible representation, or…

anti-human trafficking, Maneka Gandhi, Indian Govt

Draft Anti-Human Trafficking Bill, 2016 released by Indian Government

Jun 30th, 2016 Constitutional Law, Criminal Law Prerana 8 min read

New Anti-Human Trafficking Bill passed by Maneka Gandhi, Women and Child Development Minister  ‘Slavery still happening today in the form of Human Trafficking’ India has finally unveiled first ever-comprehensive anti-human trafficking law bill on 30th May, 2016. The Bill is titled Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2016. The Minister of Women and Child Development, Maneka Gandhi spoke on the occasion stating that…

right to self defense, self defence, right to self defence, supreme court, self protection, constitution, rights, fundamental rights, right to life, right to self protection, india

Scope of right to self defence always included danger to oneself or another

Jun 23rd, 2016 Criminal Law Prerana 6 min read

Self Defence: ‘When a man is penalised for honesty, he learns to lie.’ – Criss Jami, Salome Times of India report on expansion of scope of right to self defence:  On June 16, 2016, Times of India had a front page headline stating that Supreme Court has expanded the scope of right to self defence. According to the report, the division bench comprising of Justices…

cash for votes, corruption, politics, election, representation of people , election commission

Law against Cash for Votes: EC wants RPA Amendment

Jun 9th, 2016 Criminal Law Prerana 8 min read

Cash for Votes instances have called for an amendment in the Representation of People’s Act, 1951 (RPA) “If voting made any difference they wouldn’t let us do it.” – Mark Twain Cash for Votes Row in Karnataka Proving Mark Twain right, a recent sting operation shows Karnataka MLAs demanding crores of rupees to support a member in the Rajya Sabha election to be held on…

marital rape, india, maneka gandhi, law on marital rape, women issues, women rights, indian law, women empowerment

Marriage is Sacred, Marital Rape is not an Offence!

Apr 22nd, 2016 Criminal Law Prerana 11 min read

Marital Rape: ‘Laws on marital rape cannot be “suitably applied in the Indian context due to various factors like level of education/illiteracy, poverty, myriad social customs and values, religious beliefs, mindset of the society to treat the marriage as a sacrament, etc.” Remember when Women and Child Development Minister, Maneka Gandhi had written this to the Rajya Sabha when asked about plans to criminalise marital…

Anti-Corruption Bureau – Long Live Corruption!

Mar 17th, 2016 Criminal Law Prerana 7 min read

It is important to know about the Lokayukta before we discuss about Anti-Corruption Bureau. Lokayukta: Karnataka was the first state that established the anti-corruption watchdog, the Lokayukta in 1984 under the Karnataka Lokayukta Act. The concept was borrowed from the model existing in Scandinavian block of countries that are considered as some of the least corrupt countries. In its term of 32 years, Lokayukta has been…

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