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Modernizing Indian Criminal Law: A Paradigm Shift Towards Justice And Security

As British India underwent British rule, several laws were created to deal with criminal matters. These included the Indian Penal Code (IPC), Indian Evidence Act (IEA), Code of Crime Procedure (1882), Police Act (1861) and Prisons Act (1894). Later on, after becoming independent, two laws known as the 1898 Code of Criminal Procedure and the 1973 CrPC were added to State List Seventh Schedule as replacements for their predecessor. IPC, CrPC, and IEA form the core elements of criminal justice systems worldwide; however, over time several other laws have been enacted to punish specific crimes and create specific processes. For example,...

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Sedition Law In India: A Threat To Democracy And Free Speech?

Freedom of speech and expression is considered one of the pillars of democracy in India, yet one legal provision has raised serious concerns regarding its impact on democracy and free speech: sedition law. This article investigates this controversial law from India's history to the present day, why people perceive it as an enemy of democracy and free speech, its controversial nature, and what experts think about its implementation. What is Sedition Law? Sedition is a legal term that refers to any action or speech which advocates violence or rebellion against the government. In India, Sedition falls under Section 124A of the Indian...

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The Unfortunate Reality of Women Wrestlers Protestors Against Sexual Harassment

The female wrestlers' protest against sexual harassment by the WFI [Wrestling Federation of India] president and coaches started on 18th January 2023 but concluded after 3-days lengthy discussion with Anurag Thakur, Union Sports Minister. Anurag Thakur assured that the OC [oversight committee] of 5-members supervised by gold medalist female boxer Mary Kom would evaluate the allegations. All the ongoing activities at WFI were immediately suspended by the Sports Ministry including Gonda’s ranking tournament. WFI submitted a response to the Ministry denying the sexual harassment allegations from women wrestlers by their president and coaches. According to their response, there have been no...

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11-Year Old Girl Murdered – Accused Held – Waiting For Post-mortem Report to Determine the Motive

On 9th February 2023, the worried parents filed a missing report of their 11-year-old girl at the Nagloi Police Station. The family resides in Uttar Pradesh’s Siddharth Nagar District. According to the parents, their daughter left for school in Delhi’s Nagloi area. Every morning, her brother would accompany her to school but on 9th February she took the bus. Daily, she returned home by 11:00 pm but on that day she did not come home. The parents and her four brothers started the search but were unable to find her. Late in the evening, they decided to file a complaint...

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Aftab Poonawalla Killed His Live-in Partner Shraddha Walker Hardheartedly

Shraddha Walker [27] was heinously murdered by her boyfriend Aftab Poonawalla [28] in Chattarpur, Delhi. In 2019, Shraddha Walker met Aftab via the dating app Bumble. The notable aspect of this app is that men cannot approach a woman but only the woman can take the first move. They started meeting and got a job together at a call center in Mumbai. Shraddha lives with her parents in Vasai. She wanted to marry Aftab but her Mother wouldn’t approve of her relationship with a Muslim boy. So, Shraddha left her family and started living in Vasai with Aftab. After Shraddha left...

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Gyanvapi Mosque and Kashi Temple Land Controversy – Old Battle with New Fronts

In Varanasi, the Gyanvapi Mosque controversy is an old issue that suddenly popped up after the final settlement of Ram-Mandir and Babri Masjid on December 2019. The local priests filed a petition with an allegation that in 1669 Mughal Emperor Aurangzeb had demolished the half of Kashi Vishwanath temple and built the mosque. A detailed survey of Gyanvapi Mosque complex by the Archeological Survey of India was demanded in the petition. The Varanasi Supreme Court listened to the strong reactions and arguments from both sides but refused to grant the status quo on the survey of the Gyanvapi-Shringar Gauri complex. The...

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The 1973 Criminal Procedure Code Includes Stages Involved in Different Criminal Trials in India

1973 Criminal Procedure Code

The Criminal Procedure Code (referred to as "CrPC" or "code") establishes the process and manner in which criminal trials in India should be handled. The code's first and most important goal is to ensure a successful trial. The code treats the defendant as innocent until he is found guilty, while also ensuring that a criminal does not roam freely without any kind of punishment. The code establishes a three-phase criminal system for determining the defendant's responsibility and punishing him. • Pre-trial • Trial • Post-trial The trial portion is the most important of them since it determines whether the accused will be sentenced or found...

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A 9-Year Old Dalit Girl Gang Rape Case – Murdered, and Cremated Immediately

DalitGirlGangRape

Another tragic incident similar to the Hathras gang rape case was reported on August 1st, 2021 near South West Delhi. A nine-year-old Dalit girl was gang-raped, murdered, and cremated by the accused rapists near the Old Nangal village in the Delhi Cantonment area. Background On Sunday, 1st August 2021, the minor girl was playing outside when her mother asked her to bring cold water from the water cooler in the crematorium. The girl was more interested in going to the Peer Baba Dargah to play. After insisting a lot, finally, her mother was able to convince her to get cold water...

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13 Years Long Shabnam Ali And Saleem Murder Case Looks Likely to Come to A Close

Shabnam Ali (38) made headlines for all wrong reasons 13 years ago.  She could be the first Indian woman to be hanged till death in free India. In 2008, she along with her lover Saleem (36) were convicted for the gruesome murder of 7 of her family members including her 10-month old nephew. Both are currently on a death row for the cold-blooded murder. Shabnam hails from Bawankhedi, Uttarpradesh and holds a double MA in English and Geography. People who knew her personally were shell-shocked hearing about the crime. She used to work as a government school teacher and was a...

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Divorce And Legal Rights Of A Woman

Legal Rights Of A Woman Divorce

To make things somewhat less excruciating for women, the Honorable Supreme Court has cut down the cooling off period for a divorce by six months. The court ruled that now divorce can be granted to couples without the earlier provision of mandatory 18 month separation period. It means that the 18 months period can be waived off by the courts with the mutual consent of the couples. The Section 13B of the Hindu Marriage Act 1976 enables both parties to dissolve the marriage by mutual consent if there is no chance of reconciliation. Women can invoke maintenance rights Maintenance is an amount...

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