“The Indian Evidence Act, 1872” (“IEA”) is repealed and replaced by the Bharatiya Sakshya Adhiniyam (“BSA”). With an emphasis on the legitimacy of electronic evidence, the BSA keeps the majority of the IEA’s rules. In order to further eliminate ambiguities and prevent the likely complexities that could occur throughout the admissibility of relevant proof during said proceedings, the power source BSA of 2023 has become a procedural statute that lays out the rules and regulations that regulate the relevancy as well as the legality of evidence in court proceedings.
Category Archives: Criminal Law
MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA
The semantic understanding of Rape is, non-consensual or forced intercourse with someone but different perspectives push through when you consider the act of rape in the setting of a marriage in India. In a country that considers marriage a sacred institution, marital rape not only becomes hotly debated but its very legislative validity starts beingContinue reading “MARITAL RAPE: GROUND REALITY OF CONTEMPORARY INDIA”
Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021
Children are always attributed with innocence, beauty, and without a possibility of malignity in them. They are the torch bearers of our nation and hence they shall be treated equally as adults. Their life and liberty shall be considered as important as adult citizens of the nation. Our legislations pertaining to child rights are formedContinue reading “Analysis of Section 86(2) of the Juvenile Justice (Care & Protection of Children) Amendment Act, 2021”
RIGHTS OF AN ARRESTED PERSON
In a literary sense, arrest means the action of seizing someone and taking them into legal custody. It means deprivation of personal liberty of the accused. Whenever an offence is committed by any person, he is taken into custody to investigate and inspect the case Thus, after an arrest, a person’s liberty is under full control of theContinue reading “RIGHTS OF AN ARRESTED PERSON”
Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS
IN A RECENT JUDGEMENT SET OUT BY ASSIDUOUS EFFORTS OF HK LAW OFFICES IN CASE TITLED AS ‘VASUDEV V. STATE OF M.P., 2022 SCC OnLine SC 118, AIR Online 2022 SC 80‘, WHEREIN THE HON’BLE SUPREME COURT OF INDIA POINTED OUT THE GRAVE ERROR COMMITTED BY TRIAL COURT AND HIGH COURT IN CONVICTING THE APPELLANTContinue reading “Essential Ingredients of Section 307 IPC- The Prosecution is required to prove its case beyond reasonable doubt & conviction cannot be based merely on the basis of presumption to rule out the presence of accused- SC REAFFIRMS”
MONEY LAUNDERING: WHERE DOES THE BUCK STOP?
The practice of cycling the proceeds of crimes into legitimate earnings through various businesses and complex financial transactions has been as old as civilization itself. However, the term “money laundering” is a relatively very modern one. The etymology of the term “money laundering” can be traced to the activities of the Italian mafia in the U.S.,Continue reading “MONEY LAUNDERING: WHERE DOES THE BUCK STOP?”
SECTION 144 CRPC AND FREEDOM OF MOVEMENT
In the wake of the current COVID-19 pandemic, people have usually been hearing about how section 144 of the Criminal Procedure Code has been regularly imposed in different parts of the country in order to stop the spread of the pandemic. Talking about fundamental rights in the middle of a raging pandemic seems absurd, butContinue reading “SECTION 144 CRPC AND FREEDOM OF MOVEMENT”
PRE-TRIAL STAGES IN CRIMINAL LAW (INDIA)- PART II
The stage of investigation plays an important role in the pre-trial stages of a criminal case, as it contains various stages like the examination of witnesses by police, arrest, search and seizure, etc. These are the essential and the crucial pre-trial stages in a criminal case which helps the court in delivering the justice toContinue reading “PRE-TRIAL STAGES IN CRIMINAL LAW (INDIA)- PART II”
STATUS & RIGHTS OF SECOND WIFE IN INDIA
A second marriage, if the first marriage exists at the time, is considered illegal and the relationship that exists between the couple because of the second marriage also holds no value or validity in the eyes of the law. Although the legal provisions made in this regard have made the status of second marriage veryContinue reading “STATUS & RIGHTS OF SECOND WIFE IN INDIA”
SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE
What is Section 498A Indian Penal Code? 498A-Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also beContinue reading “SECTION 498A IPC- A WEAPON RATHER THAN A SHIELD OF A DISGRUNTLED WIFE”
H.K. LAW OFFICES 