π²Contact β> @CurrentLegalGKBOT π¨ββοΈ Setting Precedents: Relevancy and Reinvigoration. You will get awesome legal issues answered, occasional tips on skills, case briefs, and latest laws explained. π§ For Daily Quiz β> @LegalQuizzes β³πEnjoy_Learning
IMPORTANT #BSA@CurrentLegalGK
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…Husband Forcefully Committing Unnatural Sex With Wife & Assaulting Her For Resisting Can Be Prosecuted For Cruelty: MP High Court
https://www.livelaw.in/high-court/madhya-pradesh-high-court/husband-assault-wife-resisting-unnatural-sex-cruelty-498a-ipc-293726
Four Conditions To Invoke Section 27 Of Indian Evidence Act : Supreme Court Explains
https://www.livelaw.in/supreme-court/four-conditions-to-invoke-section-27-of-indian-evidence-act-supreme-court-explains-245827
#Question@CurrentLegalGK
A lawyer writing scandalised pleading on behalf of his client would be liable for contempt of court?
#Question@CurrentLegalGK
A substitutes his paytm QR code with one shopkeepers paytm QR code display board.
Decide which offence is made out ππ²
Calling Hardworking Woman's Earning 'Haraam Ka Maal' Insults Her Modesty: Delhi Court Convicts Man U/S 509 IPC
https://www.livelaw.in/news-updates/delhi-court-509-ipc-conviction-insult-woman-modesty-haraam-293258
COMPILATION AND ANALYSIS OF CASE LAW ON PRE-CONCEPTION AND PRE-NATAL DIAGNOSTICS TECHNIQUES (PROHIBITION OF SEX SELECTION) ACT, 1994
#PCPNDT@CurrentLegalGK
A Practical Guide For Compliance With India's Digital Personal Data Protection Act & Rules
https://www.livelaw.in/law-firms/law-firm-articles-/atreus-law-firm-digital-personal-data-protection-act-data-principal-data-fiduciaries-kyc-290050
Governing Laws Vis-Γ-Vis Arbitration
https://www.livelaw.in/law-firms/law-firm-articles-/arbitration-act-bharat-aluminium-company-supervisory-jurisdiction-khaitan-co-292971
Green Crimes In India: A Step Towards Safeguarding Our Environment
https://www.livelaw.in/law-firms/law-firm-articles-/green-crimes-environment-law-firm-article-kancha-gachibowli-graded-response-action-plan-water-act-solid-waste-management-rules-national-green-tribunal-bhopal-gas-tragedy-foresight-law-offices-293428
Jan Vishwas Act, 2023 & IP Law: A Shift From Punishment To Proportion
https://www.livelaw.in/articles/jan-vishwas-act-2023-ip-law-a-shift-from-punishment-to-proportion-293447
2:1 π
The question of law is not that difficult at least for supreme court judges to have split verdicts.
Dissent creates doubts π
@CurrentLegalGK
π― Presumption of Innocence
In the famous case of Woolmington v. Director of Public Prosecutions, 1935 this principle was referred to as βgolden thread principle of criminal lawβ.
The Presumption of Innocence is a recognized principle of criminal law in our country. Section 101 and 106 of the Indian Evidence Act of 1872 talk about the burden of proof, but not whether such burden is upon the
Prosecution or Defense. However, The Indian Judiciary has recognized
presumption of Innocence under Article 20 and 21 of the Constitution.
The presumption of innocence is rebutted in two cases β
Firstly, when there is express statutory provision reversing the burden of proof, (POCSO, DOWRY, PCPNDT) and
β‘Secondly, when the accused appeals against the judgment of a lower court wherein his presumption is that of guilt and not innocence.
Honβble Apex Court in the case of
P. N. Krishnalal v. Government of Kerala 1995 held that the presumption of innocence is not a constitutional guarantee and can be dispensed with by legislative imperatives and action.
M/s Seema Silk and Sarees v. Directorate of Enforcement 2007 it was observed-
βReverse burden as also statutory presumptions can be raised in several statutes as, for example, the Negotiable Instruments Act, Prevention of Corruption Act, TADA, etc. Presumption is raised only when certain foundational facts are established by the prosecution.
Foundational Facts in section 29 POCSO
Subrato Biswas VS. State of West Bengalο»Ώ
CRA 011/2018 Cal.SDB dated 11-06-2019
βA Proper interpretation 0s Section 29 is that Prosecution
is absolved from proving its case beyond reasonable doubt
but is only required to lead evidence to establish
ingredients of offence on a pre-ponderance of probability.
Only when Prosecution lays foundation of its case by
leading cogent and reliable evidence, the onus shifts on
Accused to prove the contrary. If Prosecution fails to do so, no question arises of invoking Section 29. Any other interpretation would lead to absurdity and
render the section Constitutionally suspect.β
Unsoundness Of Mind vs. Mental Retardation: Delhi High Court Explains Medical And Legal Differences
https://www.livelaw.in/high-court/delhi-high-court/unsoundness-of-mind-vs-mental-retardation-delhi-high-court-explains-medical-and-legal-differences-293397
If Arrest Is Made On Warrant, No Separate Grounds Of Arrest Need To Be Given : Supreme Court
https://www.livelaw.in/supreme-court/if-arrest-is-made-on-warrant-no-separate-grounds-of-arrest-need-to-be-given-supreme-court-293353
'Minors Are Prone To Tutoring' : Supreme Court Acquits Murder Convicts After Finding Child Witness's Competency Wasn't Assessed
https://www.livelaw.in/supreme-court/minors-are-prone-to-tutoring-supreme-court-acquits-murder-convicts-after-finding-child-witnesss-competency-wasnt-assessed-293731
4 Condition pre requisites to invike section 27 or 23 proviso to BSA
1. The first condition is the discovery of a fact. This fact should be relevant in consequence of information received from an accused person.
2. The second condition is that the discovery of such a fact must be deposed to. The rationale is that a fact already known to the police would fall foul and not meet this condition.
3. The third condition is that at the time of receipt of the information, the accused must be in police custody(regarding police custody, the CourtΒ clarified thatΒ it is not just custody after formal arrest and will include any sort of restraint or surveillance by the police).
4. The last but the most important condition is that only "so much of the information" as relates distinctly to the fact thereby discovered is admissible. The rest of the information has to be excluded.
#BSA@CurrentLegalGK
Legal Protections For Scheduled Castes And Scheduled Tribes: Understanding The Framework
https://www.livelaw.in/law-firms/law-firm-articles-/scheduled-castes-scheduled-tribes-civil-rights-rehabilitation-anticipatory-bail-equality-kale-shinde-associates-289541
#SCST@CurrentLegalGK
Rethinking American Citizenship: Why America Needs Doctrine Of Basic Structure
https://www.livelaw.in/articles/rethinking-american-citizenship-america-needs-doctrine-basic-structure-283744
Any provision similar for Man?
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…Whole judgment is Important for one whole chapter relating to unsound mind trial in BNSS more particularly Page 9 and 10 Important.
#BNS@CurrentLegalGK
#BNSS@CurrentLegalGK
DPDP practical Guide.
Must read π
Laws which will govern arbitration agreement, recent case.
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…Green Crime, a wrong against society is a crime.
@CurrentLegalGK
From monkeypox to Covid-19: Why Kerala often reports the first cases of disease
https://www.deccanherald.com/india/from-monkeypox-to-covid-19-why-kerala-often-reports-the-first-cases-of-disease-1130556.html
S. 239 CrPC | Discharge Must Be Based On Prosecution's Materials, Not On Defence Materials : Supreme Court
https://www.livelaw.in/supreme-court/s-239-crpc-discharge-must-be-based-on-prosecutions-materials-not-on-defence-materials-supreme-court-293489
Air Force School Not A 'State' Under Article 12; Teachers' Writ Petitions Against Dismissals Not Maintainable: Supreme Court
https://www.livelaw.in/top-stories/supreme-court-rules-air-force-school-not-state-article-12-of-constitution-293408
In the case at hand, since the accused was suffering with mental retardation, the High Court held that the Sessions Court ought to have complied with procedure under Section 330 CrPC, before ordering his release after discharge.
State v Neeraj 2025
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βIf a person is arrested on a warrant, the grounds for reasons for the arrest is the warrant itself; if the warrant is read over to him, that is sufficient compliance with the requirement that he should be informed of the grounds for his arrest.β,Β
Π§ΠΈΡΠ°ΡΡ ΠΏΠΎΠ»Π½ΠΎΡΡΡΡ…Public Law -- Mark Elliott; Robert Thomas, juriste) -- 3rd edition, Oxford, 2017
Best book on UK constitution
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