ARTICLE 14: THE DOCTRINE OF NON-ARBITRARINESS

ARTICLE 14

This Article is written by MridushiDamani,  student of Hidayatullah National Law University INTRODUCTION According to Article 14 of the Indian Constitution, it is mandatory for the state to not deny equal protection of law and equality before the law to any citizen within the territory of India. In other words, a law is required to … Read more

INDIRA NEHRU GANDHI VS. RAJ NARAIN

indira-nehru-gandhi-vs-raj-narain

(The case is summarized by Dev Agarwal, a student of Heritage Law College, Calcutta University) Indira Nehru Gandhi vs. Raj Narain is the case that changed the political scenario of India as it resulted in the imposition of Emergency (1975-1977), perhaps the darkest period of independent India, where rights of the citizens were crushed, the political … Read more

ANALYSIS OF SECTION 69A OF IT ACT

SECTION 69A

This Article is written by Nashita Nazneen. A student of  B. S. Abdur Rahman Crescent Institute of Science and Technology Crescent School of Law. INTRODUCTION The recent ban of Chinese apps by the Government of India on the grounds of prejudicial to the sovereignty and integrity of India, security and defense of India and public … Read more

MEDIATION AS A WAY OF RESOLVING CONSUMER DISPUTES

MEDIATION AS A WAY OF RESOLVING CONSUMER DISPUTES

This Article is written by Adv.  Anchal Chhallani, she is an Legal Associate at LawDocs. INTRODUCTION Considering the current scenario of a huge backlog of consumer cases, the Legislation has included mediation as a way to resolve consumer disputes. Mediation as a consumer dispute resolver has been introduced by the Consumer Protection Act, 2019. This … Read more

MISLEADING ADVERTISEMENTS: HORLICKS LTD. VS. ZYDUS

MISLEADING ADVERTISEMENT: HORLICKS LTD. VS. ZYDUS

This Article is written by Aparna Chaki, student of Heritage Law College (Calcutta University). INTRODUCTION Broadly defining, a misleading advertisement may be described as any promotion (publicity, propaganda, marketing, and selling) as well as advertisement through traditional media which includes radios and television or electronic media like newspaper, posters, banners, wall-writing, etc. to garble or … Read more

II NATIONAL ONLINE LAW QUIZ ON CONSTITUTIONAL LAW

national ConstitutionalLaw Quiz

NATIONAL ONLINE QUIZ COMPETITION ON CONSTITUTIONAL LAW   ABOUT ORGANISATION Lex Repository is committed to providing Articles based upon legal subjects that cover all the issues associated with them. It focuses to provide content on subjects that are not commonly discussed. The ultimate aim is of adding insights to our readers and adding novel concepts … Read more

FCRA, BILL, 2020: THE WAY TO GO?

THE FOREIGN CONTRIBUTION (REGULATION) AMENDMENT BILL, 2020: THE WAY TO GO?

This Article is written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. INTRODUCTION The Foreign Contribution (Regulation) Amendment Bill was introduced in the Lok Sabha on 20th September2020 and was passed on 21st September 2020. The FCRA, Bill faced tough opposition yet it was passed. The Bill seeks to amend The Foreign … Read more

LEGISLATION ON DEFAMATION IN INDIA

DEFAMATION IN INDIA

This article is written by Vedant Tapadia, student of Hidayatullah National Law University. INTRODUCTION In today’s world, a man cares most about his reputation. From this observation stems the inclusion of the right to live with dignity which is guaranteed as a Fundamental Right under Part III of the Indian Constitution. However, it is essential … Read more

FALSE RAPE CASES IN INDIA

FALSE RAPE CASES IN INDIA

This Article is written by Anchal Kushwah, a student at ISBR Law College. INTRODUCTION The awakening of feminism across the country has enabled many women to stand for their rights, dignity, and gain equal respect in society. It has made women aware of their rights and status which they deserve by every means. Then there … Read more

IN CONVERSATION: MISS TANYA GUPTA, A TEACHER FOR DIFFERENTLY ABLED

IN CONVERSATION WITH MISS TANYA GUPTA, WHO IS A TEACHER TO THE DIFFERENTLY ABLED

Optimism is the faith that leads to achievement. Nothing can be done without hope and confidence. – Helen Keller One such optimistic person who is on a mission to achieve something distinctive is Ms. Tanya Gupta. She is an educator who teaches differently abled children. She owns a YouTube channel known as “Brailling“, which helps guardians … Read more

DIRECTIVE PRINCIPLES OF STATE POLICY: A DETAILED ANALYSIS

DETAILED ANALYSIS OF DIRECTIVE PRINCIPLES OF STATE POLICY

This Article “DIRECTIVE PRINCIPLES OF STATE POLICY: A DETAILED ANALYSIS” is written by Mridushi Damani, a student of Hidayatullah National Law University. The Directive Principles of State Policy, which are also referred to as DPSP, are enumerated in Part IV of the Constitution of India from Articles 36 to Article 51. The framers of the … Read more

FARM BILLS: REVOLUTIONARY REFORMS OR ANTI FARMERS?

FARM BILLS

This Article is written by Dev Agarwal, a 2nd year law student from Heritage Law College.   INTRODUCTION On 27th September 2020, the President of India, Ramnath Kovind gave assent to the two farm bills and an amendment to the Essential Commodities Act, 1955. The farm bills had already sparked a massive debate in the … Read more

THE POLLUTER PAYS PRINCIPLE

This Article is written by Vedant Tapadia, student of Hidayatullah National Law University. Introduced as an integral part of the Rio Declaration the Polluter pays principle can be understood as the soundest environmental policy directly working towards the restoration of the environment to its beautiful natural state. In the modern era, with development being the … Read more

NARCOTICS, BOLLYWOOD, YOUTH AND THE NDPS ACT

NDPS ACT

This Article is written by Adv.HimanjaliGautam, an Advocate at the Supreme Court of India, Founding-Partner at Chambers of HimanjaliGautam, Ex-President- Law Centre 2, Faculty of Law DU, Columnist, Public Speaker and TV Personality. INTRODUCTION Drugs have become a scourge in India and are one of the prime causes of concerns. The sudden demise of actor … Read more

ADV. JAYANT BHATT: AN INTERVIEW

Adv. Jayant Bhatt

About Adv. Jayant Bhatt Adv. Jayant Bhatt is an advocate under the Supreme Court of India. He has completed his law from Amity Law School, Noida, and dual Masters in law from New York University and the National University of Singapore. Adv. Jayant Bhatt started his professional career in Dubai with the firm Clyde and … Read more

INCHOATE OFFENCES UNDER INDIA PENAL CODE

INCHOATE OFFENCES

This Article is written by Ananya Verma, student of Ramaiah College of Law. Introduction The criminal law punishes not only completed crimes but also short of completion or incomplete crimes. The category of incompleted crimes is called “inchoate crime” or “inchoate offence”. The inchoate offence addressed in the Indian Penal Code, 1860 are common law … Read more

FREEDOM OF SPEECH IN INDIA AND HATE SPEECH: SUDARSHAN NEWS CASE

Freedom of Speech in India

This Article “FREEDOM OF SPEECH IN INDIA AND HATE SPEECH: SUDARSHAN NEWS CASE” is written by Manasvita Tejsi, a student of Rajiv Gandhi National Law University. BACKGROUND A channel by the name of Sudarshan TV broadcasts a show called ‘Bindas Bol’ which is an investigative journal/news channel. They were to broadcast a show by the … Read more

LEGISLATION REGARDING JOURNALISM AND MEDIA TRIAL IN INDIA

Media Trial

This Article “LEGISLATION REGARDING JOURNALISM AND MEDIA TRIAL IN INDIA” is written by Dev Agarwal,  a 2nd Year student of Heritage Law College, Calcutta University. HISTORY The British often proudly claim that they introduced the newspapers and “independent journalism” in India. James Augustus Hickey, an Irishman is often regarded as the father of the Indian … Read more

MEDIA: THE EASIEST FORM OF INFLUENCER

Social Media Influencers

This article about social media influencers the easiest form of communication is written by Anchal Kushwah, a  student of ISBR LAW College.  INTRODUCTION Media has a very vital role and has influence in virtually every aspect of our lives. We all will be so stagnant and clueless if this technology and the digital world would … Read more

CHILD LABOR V. CHILD ACTOR

Child Labor VS Child Actor

This Article on “Child Labor vs Child Actor” is written  by Aparna Chaki, student of Heritage Law College (Calcutta University). INTRODUCTION Children are the assets of any country and should be given significant ministration for their survival and healthy burgeoning. Childhood for everybody needs to be preserved because their disposition and psyche are mounted in … Read more

Taxation Law in India: Study Notes

Taxation laws in India

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National Emergency Provisions in India

national emergency provisions

This Article is written by Mridushi Damani, a student of Hidayatullah National Law University. This article discusses the National Emergency provisions in India. Introduction The Cambridge Dictionary defines the term ‘emergency’ as “something dangerous or serious, such as an accident, that happens suddenly or unexpectedly and needs fast action in order to avoid harmful results”. … Read more

ANTI DEFECTION LAW IN CONTEXT OF RAJASTHAN CRISIS

Anto Defection Law

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CONSUMER PROTECTION ACT, 2019: W.E.F – 20th JULY 2020

Consumer Protection Act

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The Dichotomy of Capital Punishment in India & Indian Legal System

Capital Punishment in India

This Article is written by Ishaan Saraswat, a student of Jindal Global Law School.

Capital punishment or the death penalty is a retributory form of punishment given to the convicted in cases of capital crimes. In India, capital crimes come under the domain of the doctrine of ‘rarest of the rare’ as held in Bachan Singh vs. State of Punjab [AIR 1980 SC 898], (hereinafter “Bachan Singh”).

HONG KONG-MAINLAND CHINA CONFLICT

Mainland China Conflict

This Article on “Hong Kong- Mainland China Conflict: Hanker to Dilute Boundaries” is written by Rahul Negi, a student of Law College Dehradun (Uttaranchal University). INTRODUCTION Hong Kong is a special administrative region of the People’s Republic of China and a Metropolitan area situated on Pearl River Delta in the South China Sea. Hong Kong … Read more

ISRAEL AND PALESTINE CONFLICT: THE HISTORY

israel and palestine conflict

This Article on Israel and Palestine conflict is written by Rahul Negi student of Law College Dehradun, (Uttaranchal University). The Israel and Palestine conflict is no new but an age old conflict which dates back to ancient times to control the piece of land just east of Mediterranean Sea but the modern conflict arises after … Read more

Palestine and Israel conflict: Antipathy to control the same land

Palestine and Israel conflict

This Article on “Palestine and Israel conflict: Antipathy to control the same land” is written by Rahul Negi, a student of Law College Dehradun, (Uttaranchal University). INTRODUCTION The Israel-Palestine conflict is age old dispute to control the land which is located just east of Mediterranean Sea and believed to be sacred to Jewish, Christians and … Read more

BERUBARI CASE: WHY WAS THE PREAMBLE RELEVANT IN IT

berubari case

This Article on “BERUBARI CASE: WHY WAS THE PREAMBLE RELEVANT IN IT” is written by Nashita Nazneen. A student of B. S. Abdur Rahman Crescent Institution of Science and Technology Crescent School of Law. INTRODUCTION Source of Constitution: “We the people of India…..” which means that the Constitution is created by Indians themselves with no … Read more

Prashant Bhushan on Contempt, Constructive Criticism and Nuisance

PRASHANT BHUSHAN CONTEMPT, CONSTRUCTIVE CRITICISM AND NUISANCE

The Author, Adv. Ms.Himanjali Gautam is an Advocate under the Supreme Court of India, Founding-Partner at the Chambers of Himanjali Gautam, Ex-President at Law Centre 2, Faculty of Law DU, Columnist, Public Speaker, and a media Personality From the eyes of a budding lawyer, working with senior advocates, I have witnessed several instances where there … Read more

EXCEPTIONS TO MURDER UNDER IPC

EXCEPTIONS TO MURDER

This Article is written by Vedant Tapadia, student of Hidayatullah National Law University. INTRODUCTION The term culpable homicide and murder are the two most confusing terms in the Indian Penal Code, 1860. There is a faint line difference between both of them. Where section 299 of IPC defines Culpable homicide and section 300 deals with … Read more

DISHONOURING OF CHEQUES

DISHONOURING OF CHEQUES

This Article on “DISHONOURING OF CHEQUES” is written by Lenna Joshy, student of Government Law College, Thrissur. Introduction A cheque bounce is a common financial offence which leads a user into legal trouble and damages his or her credit rating. In the modern era, online banking is the most opted mode of transaction. But some … Read more

VIRTUAL COURT IN INDIA AMIDST THE PANDEMIC

This Article is written by Aparna Chaki, a student of Heritage Law College. The article discusses the relevance of  Virtual Court for the Indian Judicial system amidst the pandemic. INTRODUCTION The outbreak of COVID-19 has intensified and debilitated almost all countries of the nation – disintegrating them both economically and socially. Five months into the … Read more

One Nation, One Education: New era of Indian Education System(NEP Act)

Indian Education System

This Article on “ONE NATION, ONE EDUCATION: THE NEW ERA OF INDIAN EDUCATION SYSTEM (NEP Act)” is written by Savio  P. Xavier, student of SVKMs Narsee Monjee Institute of Management Studies, Navi-Mumbai Campus. INTRODUCTION Education is very important in a person’s life. It is one of the main weapons used to improve one’s life. A … Read more

An explanation of Article 226 and 227 of the Indian Constitution

Article 226 & 227

This Article on ” An explanation of Article 226 and 227 of the Indian Constitution” is written by Mridushi Damani student of Hidayatullah National Law University Article 226 of the Indian Constitution  Article 226 of the Indian Constitution establishes the writ jurisdiction of all the High Courts in India to issue orders, directions, writs to … Read more

“PEHEL Azad Bharat Ki”: QUIZ COMPETITION ON THE 74th INDEPENDENCE DAY OF INDIA

ABOUT LAWTREE CLUB & QUIZ COMPETITION The LawTree Club is an open-access student-run publishing house, which is established with the objective of creating a platform to emphasize on the legal issues through the prism of social sciences and political science. This publication house publishes original work of students and scholars on the fields of law, … Read more

1ST NATIONAL VIRTUAL LAW FAIR

About Organisation & 1ST NATIONAL VIRTUAL LAW FAIR LEGAL ZEMS  is a law aspirants led organization formulated with a vision of providing the platform for the youth to inculcate leadership skills and can emerge as a strong personality who can stand with a strong opinion in the society. We at LEGAL ZEMS  promote mutual growth … Read more

The race for Development: Battle in E-Commerce Industry

E-commerce Industry

This Article about Battle in E-Commerce Industry is written by Pushti Dublish, student of Galgotias University. Every nation in the world is in a race of becoming a developing nation which gears up by the recent online techniques. One of the trendiest techniques is E-commerce. It is nothing but a type of industry or a … Read more

OVERCRIMINALIZATION – INCREASING TREND IN INDIA

Overcriminalization in India

This Article on “OVERCRIMINALIZATION – INCREASING TREND IN INDIA” is written by Rashmi John, a student of National Law University, Jodhpur. Introduction Overcriminalization means the imposition of disproportionate criminal sanctions for acts which as not criminal; they fall short of the essentials of a crime. But it has become a trend to impose such liabilities … Read more

Campaign On The Legal Journey After Independence

Legal Journey after Independence

About the Organization & the campaign on the legal journey after Independence Lex Repository is a Legal Blog committed to provide Articles based upon legal subjects that cover all the issues associated with them. Moreover, we focus to provide content on the subjects that are not commonly discussed, with the ultimate aim of adding insights … Read more

DRONE LAWS IN INDIA

  This Article is written by Vedant Tapadia, a student of Hidayatullah National Law University. The article was written on Drone Laws in India Albert Einstein, a German-born theoretical physicist, amidst all his scientific theories and inventions once said that “It has become appallingly obvious that our technology has exceeded our humanity.” Though the above … Read more

LGBTQI RIGHTS CASES THAT BROUGHT TRANSITION

LGBTQI RIGHTS CASES

This Article is written by Parinita and Nishant Chandra from Chanakya National Law University, Patna. This article talks about the LGBT+ community’s problems and perils LGBTQI rights cases that brought transition for this community. Introduction India is a patriarchal society where the mindset and thoughts of most people are conservative. The conservative thinking is prevalent … Read more

SEXUALITY IN INDIA: AN EPITOME OF TURBULENCE

Sexuality in India

This Article on Sexuality in India is written by Ashi Gupta, a graduate of B.B.A. LL.B (Hons.) from Guru Gobind Singh Indraprastha University, Delhi.  INTRODUCTION Society is an organized form of a collection of people. This organization depends on the norms set by such society. Norms are nothing, but certain touchstones set by society in … Read more

CUSTODIAL DEATH: LEGISLATION AND JUDICIAL RESPONSE

‘Custodial Death’ in Indian legislations, however, Custody is defined as, any point of time a person’s freedom of movement has been denied by law enforcement agencies such as arrest and death in custody is defined as, death occurring in some form of custodial detention, such as police cell or prison.

Socialist- Is This Paramount to Preamble of the Indian Constitution?

This Article is written by Dev Agarwal, a student of Heritage Law College (Calcutta University). this article defines socialism meaning and the socialist construct in light of the preamble of the Indian constitution Introduction In Kesavananda Bharati v. State of Kerala, Justice Jaganmohan Reddy who was one of the seven judges who upheld that Parliament’s … Read more

NOTION OF DECEPTIVE SIMILARITY IN TRADEMARK

TRADEMARK

This Article is written by Archana Upadhyay from Galgotias University. “A Trade Mark is a company’s persona and identity in the marketplace” -Dr. Kalyan C. Kankanala A consumer purchases the products from market only when he knows about the brand value, reputation, and quality of the company. In this context, what plays an imperative role … Read more

RESTRAINING THE USE OF CORONIL

RESTRAINING THE USE OF CORONIL

Section 2 (zb) of the Trademark Act 1999 defines “a trademark as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colours”. Whereas trademark, the “‘Mark’ includes a … Read more

Rashtriya Raksha University Bill, 2020 : The New Policing Era

Rashtriya Raksha University Bill

This Article is written by Savio P.Xavier pursuing BA.LL.B from Narsee Monjee Institute of Management Studies. The article talks about the new Rashtriya Raksha university Bill, 2020 that has brought in a new policing era which makes the police localized but uniform in function and practice. Introduction The Union Minister for Home Affairs Sh. Amit … Read more

SUJATA KAPOOR vs UNION BANK OF INDIA: A CASE ANALYSIS

Union Bank of India

This Case Summary of “SUJATA KAPOOR vs UNION BANK OF INDIA” is written by Aanish Aggarwal from West Bengal National University of Juridical Science. Facts of the Case This case arose from a writ petition filed by Sujata Kapoor, who appeared as a bonafide purchaser of the property which was the main residential property occupied … Read more

ARBITRAL AWARD & PATENT ILLEGALITY

Arbitral Awards

This Short write-up on Arbitral Award is written by Harpreet Kaur pursuing BA.LL.B (Hons.) from Rayat College of Law. The Model Law, relied upon limited grounds for setting aside arbitral awards .The Arbitration and Conciliation Act, 1996 was enacted in consonance with the Model Law. An application to set aside the arbitral award can be … Read more

ANALYSIS OF COMPANIES (AMENDMENT) BILL, 2020

Companies bill 2020

This Article on Analysis of Companies bill 2020 is written by Nashita Nazneen. A from B. S. Abdur Rahman Crescent Institute of Science and Technology Crescent School of Law. INTRODUCTION: Finance Minister, Mrs. Nirmala Sitharaman introduced the Companies (Amendment) Bill, 2020 hereinafter referred to as “Bill” in Lok Sabha on 17th March 2020. This Bill … Read more

Finance Act 2020, Companies (Amendment) Bill and ambitious Aatmanirbhar Bharat

This Article is written by Dev Agarwal, Law Student from Heritage Law College, Calcutta University. Introduction In the wake of the ongoing Coronavirus (Covid-19) pandemic, the Hon’ble Prime Minister of India Shri Narendra Modi pitched for Aatmanirbhar Bharat, literally meaning Self-Reliant India. But before officially announcing this ambitious scheme, the legislation of Finance Act 2020 … Read more

Should India be Renamed Bharat?

bharat

This Article on “should India be renamed Bharat?” is written by Nishant Singh and Chinmay Kasture from Government Law College, Mumbai (MH). Introduction The politicization of renaming the country is a part of the social production of our nation. In these modern times, the understanding of the difference between right and wrong, ethical and non-ethical … Read more

SPOUSAL RAPE: AN UNDEFINED CRIME

Spousal Rape

This Article on “Spousal Rape” is written by Anchal Kushwah pursuing BBA.LL.B from ISBR Law College. INTRODUCTION This article mainly highlights the loopholes in the law of marital rape pertaining of which several women have been suffering from so much of mental and physical agony. And, also it will highlight the evolution of cases of … Read more

BAIL IN INDIA: ITS HISTORY AND ITS VARIOUS TYPES

bail

This Article on Bail In India and it’s type is written by Aparna Chaki student of Heritage Law College (Calcutta University). the article discusses bail and its various types under the Indian Judicial System.   INTRODUCTION Bail, in law, is a term that signifies temporary or transitional emancipation of a person who is accused in … Read more

THE LAW SUIT BETWEEN UNIVERSITIES AND US GOVERNMENT

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The information provided below talks in detail about THE LAW SUIT BETWEEN UNIVERSITIES AND US GOVERNMENT and its eventualities FACTS OF THE LAW SUIT BETWEEN UNIVERSITIES AND US GOVERNMENT The Immigration and Customs Enforcement (ICE) released a new policy on 6 July 2020 for the immigrant students studying in fall 2020. This policy states for the … Read more

Shamsul Huda Bakavi v. State of Madras and Ors

Shamsul Huda Bakavi

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Surana Power Ltd v. BHEL: Prominence of Liquidation over Arbitral Award

Surana Power Ltd  v. BHEL

This Article on Prominence of Liquidation over arbitral award with reference to Surana Power Ltd v BHEL is written by Pushti Dublish,  pursuing B.A. LL.B. from Galgotias University. INTRODUCTION In a recent case of Surana Power Ltd v BHEL, [1] the National Company Law Appellate Tribunal (hereinafter referred to as NCLAT) while setting aside the … Read more

VICARIOUS LIABILITY AND STRICT LIABILITY UNDER LAW OF TORTS

VICARIOUS LIABILITY AND STRICT LIABILITY

This Article is written by Mridushi Damani student of Hidayatullah National Law University. The Article talks about vicarious liability and strict liability under the law of torts in India and their respective main components and differences INTRODUCTION The concept of Vicarious Liability and Strict Liability can be found in the Law of Torts which discusses … Read more

Expat Quota Bill: A brief of the Draft

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ENRICA LEXIE CASE: A BRIEF NOTE

ENRICA LEXIE CASE

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RUSSIAN CONSTITUTIONAL AMENDMENTS, 2020

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India During Emergency: A fall of the risen democracy?

India During Emergency

This Article is written by Dibya Prakash Lahiri from the Vivekananda Institute of Professional Studies. This article discusses the state of our country, India during Emergency. Introduction: On 25th June 1975, a proclamation was made which changed the course of the history of India’s modern-day democracy and to the existential crisis of the fundamental rights … Read more

CRIMINAL CONSPIRACY: CLANDESTINE OFFENCE

Criminal Conspiracy

This Article is written by Rahul Negi, pursuing B.B.A. LL.B. (Hons.) from Law College Dehradun (Uttaranchal University). The article discusses the meaning of a Criminal conspiracy, its essential elements and scope. INTRODUCTION The Criminal conspiracy means an agreement between two or more persons to perform any illegal act or legal act with illegal means or … Read more

Writer’s Write International Article Writing Competition

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CUSTODIAL VIOLENCE  

The Article is written by Mohamed Sultan Maricar from Crescent School of Law, B S Abdur Rahman Crescent Institute of Science & Technology, Chennai.

 Introduction

Violence by police occurs on and off the streets in various forms like lathi charge, provocative firing, beating, shaming the public, fake encounters, custodial torture, all this is also known as Custodial Violence. Custodial death or a fake encounter is cold-blooded murder. Custodial Violence is considered as one of the worst kind of crimes in a civilized society which is governed by the Rule of Law and poses a serious threat to an orderly civilised society. Torture in custody curbs the primary rights of the citizens and is an injustice to human dignity. A recent case of custodial death from Tamil Nadu represents how the police misuse its power. Indeed, it depicts that the present criminal justice system is lacking behind.

Anti- Torture Measures

The global view of the anti-torture law was started with the creation of “The Torture Declaration” by the General Assembly of the United Nation which aims to protect people from being tortured or other cruel, inhuman or degrading treatment. The Torture Declaration was followed by “The Torture Convention” which breathes itself into Article 5 of the UDHR and Article 7 of the International Covenant on Civil and Political Rights that provides no one shall be made to torture or cruel, inhuman, degrading treatment or punishment.

In India, The Prevention of Torture Bill, 2010, was an initial step, introduced in the Lok Sabha on 26th April 2010 by then Home Minister P. Chidambaram and was passed on 06th  May 2010. Later on, the Bill lapsed in Rajya Sabha. Section 4 of the Bill provided 10 years of punishment for the act of torture. The complaint shall be made by the victim within 6 months from the date on which the offence is committed. If the Prevention of Torture Bill, 2010 had become law, it would have made the punishment for torture committed by public servants and it would have reduced the rate of custodial violence.

Reports on Custodial Violence  

  1. The III Report of the National Police Commission noted that nearly 60 % of arrests in India were just unnecessary or unjustified.
  2. As per, National Crime Records Bureau (NCRB) data, between 2001 and 2018, only 26 policemen were sentenced for custodial violence while 1,727 such deaths were recorded in India.
  3. The Times of India Report shows, with the help of data accessed from the NCRB, that as many as 180 custodial deaths took place in Gujarat between 2001 and 2016. But none of the police personnel were punished for any of these deaths during this time.
  4. The countrywide counts are worse as it shows that only 26 policemen have been sentenced for 1,557 custodial deaths.
  5. Around 1,731 people died in custody in India during 2019. Among them, 1606 of the deaths were in judicial custody and 125 in police custody stated in The Hindu newspaper report.
  6. 74.4 % of deaths in police custody were because of torture or foul play and 19.2% were the reason for foul play.
  7. Apart from custodial deaths, more than 2,000 human rights cases were also registered against the policemen between 2000 and 2018. Nevertheless, only 344 policemen were convicted in those cases.
  8. Whereas 1,782 cases of fake encounters were made between 2000 and 2017 in India.
  9. In comparison to it, 385 policemen were charged, 120 cases were dismissed by courts after charge sheets were filed and just 8 policemen were convicted during the period 1997 to 2016.
  10. 7 policemen from Uttar Pradesh who were accused of torturing to death were released by a trial court at Hapur on the ground of the statement, denying the involvement of Police, made by family members of the deceased.
  11. The encounter killings of four suspects in the rape and murder of a young veterinarian near Hyderabad was openly welcomed by the politicians where the accused persons were not even proven guilty.

Need For Judicial Intervention 

 The following Guidelines were made by the Supreme Court in the cases of Joginder Singh and D.K.Basu

  1. The memo of arrest must be signed by at least one witness who can be either a member of the family or a respectable person in the locality.
  2. The arrested person must be informed about his right to have a close family member to be informed of his arrest, the right to meet his lawyer during interrogation, though not throughout the investigation.
  3. The Constitutional obligation – Article 22(2) – to produce the arrested person before a magistrate within 24 hours without any delay.
  4. A warning was also issued to the police that the failure to follow these guidelines would result in being punished for contempt of court.
  5. Many of the Amendments were inserted in the Code of Criminal Procedure, 1973 by inserting Sections 41A to 41D, 50, 54A, 55A, and 60A with the objective that the process of arrest would be more open and the arrested persons will have additional safeguards.

Reasons For Low Convention 

Most of the custodial deaths were because of custodial violence, which resulted in suicide and death in hospitals during treatment.

Medical Perspective 

Death occurring in the form of custodial detention is known as custodial death. It should also include deaths resulting from police officers attempting to catch a criminal escaping from police custody.

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THE TAXATION ORDINANCE, 2020

INCOME TAX ORDINANCE 2020

The purpose of this Ordinance is to relax certain provisions under different legislations due to outbreak of Corona Virus. The Acts amended under this Ordinance are- Wealth Tax 1957 Income Tax Act 1961 The Benami Transactions (Prohibition) Act, 1988 Finance Act, 2004 Finance Act, 2013 Black Money (Undisclosed Foreign Income and Assets) and Imposition of … Read more

Cow Slaughter Prevention Ordinance, 2020

Cow Slaughter Prevention (Amendment) Ordinance, 2020

Cow Slaughter Prevention (Amendment) Ordinance, 2020 The Cow Slaughter Prevention (Amendment) Ordinance, 2020 was passed by the Uttar Pradesh government recently. The old act provided for seven years of imprisonment and a fine of ten thousand rupees. It is also provided that it could extend up to one-half of the longest term that was provided … Read more

CAMPAIGN ON LGBTQ RIGHTS

Lex Repository is a legal Blog committed to provide Articles based upon legal subjects which covers all the issues associated with them. Moreover, we focus to provide content on the subjects that are not commonly discussed, with the ultimate aim of adding insights to readers and adding novel concepts to their knowledge. We also focus to … Read more

GENDER NEUTRAL SEXUAL HARASSMENT LAWS: REFERENCE TO POSH ACT

GENDER NEUTRAL SEXUAL HARASSMENT LAWS

This Article is written by Nashita Nazneen.A from B. S. Abdur Rahman Crescent Institute of Science of Technology. The article talks about Gender Neutral Sexual harassment laws with reference to the POSH act 2013   At present, the sexual harassment at workplace is governed by The Prevention of Sexual Harassment of Women at Workplace (Prevention, … Read more

1ST NATIONAL VIRTUAL MOOT COURT COMPETITION,2020

RULES, PROCEDURE AND GUIDELINES OF THE 1ST NATIONAL VIRTUAL MOOT COURT COMPETITION,2020 organized by Legal Zems GENERAL RULES A. The Moot Court competition is open for students who are studying LL.B. three year or B.A.LL.B. five year course during the current academic year 2019-20. B. Each participating team shall comprise of minimum of two (2) … Read more

UNIFORM CIVIL CODE : A CALL FOR ONE NATION AND ONE LAW

Uniform Civil Code

This Article on “UNIFORM CIVIL CODE: A CALL FOR ONE NATION AND ONE LAW” is written by Archana Upadhyay, pursuing B.A. LL.B from Galgotias University.  INTRODUCTION Most of us believe in the theory of “ONE NATION AND ONE LEGISLATION” but do not stand for it pragmatically. Our former Prime Minister Pandit Jawaharlal Nehru introduced his … Read more

SECULARISM- IS IT AN IRONY IN INDIA?

Secularism in India

This article is written by Bushra Malik student of BA LLB (Hons.) from Galgotias University. The article discusses the secular meaning and the construct of secularism “Notions of rationality cannot be invoked in matters of religion” -Justice Indu Malhotra   The understanding of ‘Religion’ is based upon one’s personal beliefs and values that is why … Read more

MINERVA MILLS V. UNION OF INDIA

MINERVA MILLS

This Article on “MINERVA MILLS Vs UNION OF INDIA” is written by Janhavi Sakalkar pursuing BA. LL.B.(Hons.) from Symbiosis Law School, Pune. Introduction Minerva Mills was a textile industry based in the State of Karnataka, it was engaged in the mass production of silk clothes. The Central Government appointed a committee under Section 15 of … Read more

STRUCTURING PRIVACY : THE AADHAAR VERDICT

This Article is written by Pushti Dublish pursuing B.A. LL.B from Galgotias University. “If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwarranted governmental intrusion.” J. Brennan William BACKGROUND In 2012, Justice K.S. Puttaswamy (Retd) filed a writ petition challenging the constitutional validity … Read more

CRYPTOCURRENCY: AN INTRODUCTION

cryptocurrency

Introduction In the present modern era, where everything is being digitalized to facilitate the system, Cryptocurrency is one of them. We all have heard about it but what is it literal meaning? What is its mechanism? How it is used? What is its legal status in India? This article endeavors to answer these questions. What … Read more

1st National Quiz Competition, 2020 (20th June) organised by LawPanch

Ntional Quiz Competition

About lawpanch and National Quiz Competition Lawpanch works to spread the law by lighting the lamp of awareness. Lawpanch is set up with the mission to spread the law of land even to the grass-root level of India by fieldwork or social media campaign through selecting different volunteers of law field whether the student or … Read more

A SWIFT OVERVIEW OF AVIATION LAWS

AVIATION LAW

viation law is one of the most complex branches of law as it involves a deep interplay among various laws related to the use of land and air. The play prolongs among economic laws of different nations as well. Long back the Britishers enacted the Aircraft Act, 1934 in India to regulate the activities of the nation’s aviation industry.

THE 15 PRIME MINISTERS OF INDIA

THE 15 PRIME MINISTERS OF INDIA

Introduction At the midnight on 14-15th August 1947, India attained independence which hailed the country years’ long, non – violent campaign against British rule. The famous ‘tryst with destiny’ speech was delivered by First Prime Minister Jawahar Lal Nehru at midnight while declaring India an independent country.  With freedom, people hoped for two major things, … Read more

ONLINE QUIZ COMPETITION ON IPC RESULTS OUT NOW

ONLINE QUIZ COMPETITION ON IPC

ONLINE QUIZ COMPETITION ON IPC RESULTS OUT NOW   There are no secrets to success. It is the result of preparation, hard work, and learning from failure. – Colin Powell About Lex Repository Lex Repository is committed to providing Articles based upon legal subjects that cover all the issues associated with them. It focuses to … Read more

WEBINAR ON ‘COVID-19 AS FORCE MAJEURE EVENT’

ABOUT LEX REPOSITORY Lex Repository is committed to provide Articles based upon legal subjects which covers all the issues associated with them. It focuses to provide content on the subjects that are not commonly discussed. The ultimate aim is of adding insights to our readers and adding novel concepts to their knowledge. We are organizing … Read more

DISSERTATION WRITING: A COMPREHENSIVE GUIDE

dissertation

Dissertation is long written content on a particular topic. It is also known as the thesis and is primarily based upon the research questions. Every University or Institution has different guidelines for dissertation writing. Through this article, we will discuss the necessary contents, their meaning, general guidance, and do’s & don’ts for writing a dissertation. … Read more

PLEA: DELIVERS JUSTICE

plea

This Article is written by Archana Upadhyay pursuing B.A. LL.B. from Galgotias University. The article discusses the origin of Plea Bargaining as a construct, its facets, and its benefits for the prosecution and the Accused. Introduction to Plea Bargaining Justice should be delivered at the doorstep, not only to the Prosecution but also to the … Read more

THE DARK SIDE OF INTERNET: THE DARKNET

Dark side of Internet

This Article on “The Dark Side of Internet: The Darknet” is written by Bushra Malik, pursuing B.A.-LLB(Hons.) from Galgotias University. As we all know the complexities of the Internet these days where people take more interest to have a communication with anonymous privately by which they have fallen into the darker world of the Internet. … Read more

COVID-19 AS FORCE MAJEURE

INTRODUCTION Novel Coronavirus or COVID-19 has emerged as a Pandemic. On  January 30, 2020 it was declared as a Public Health Emergency of International level by the World Health Organisation (WHO). On March 11, 2020, the Director of WHO declared it as a Pandemic. Starting from one region of China, now the disease has conquered … Read more

SEDITION LAW: A CONTROVERSIAL LAW

Sedition Law

This Article on “Sedition law: A controversial Law” is written by Rahul Negi pursuing BB.A. LL.B. (Hons.) from Law College, Dehradun (Uttaranchal University). INTRODUCTION The Law Commission in its Consultation Paper on Sedition has quoted that “India-largest democracy of the world, considering that right to free speech and expression is an essential ingredient of democracy.” … Read more

National Virtual Summit and Quiz Competition: No Registration fee

National Virual Summit

About the Organizer & National Virtual Summit Together – We Can. We Will!! a non-governmental organisation (NGO), known for the welfare of the underprivileged and conducting law seminars and conferences across the country. Uptil now Together – wcww has organised various programs such as Cloth Donation Drive (in areas of GTB Nagar, Model town and … Read more

VIZAG GAS LEAK: AN INDUSTRIAL DISASTER

VIZAG GAS LEAK

INTRODUCTION As we all are aware of the Vizag Gas Leak tragedy that took place in the city of Vishakhapatnam on 7th May 2020 consequently, many people died and injured. So, what is the liability of the owner of the industry? What are the rights of the victim so injured? And what is the relevant … Read more

ABORTION LAWS IN INDIA

ABORTION LAWS

Abortion can be legally defined as an untimely delivery voluntarily procured with the intention to destroy the foetus. In India, before 1971 it was estimated that there were about five million abortions every year out of which three million abortions were illegal.The laws of abortion in India till the passing of the Medical Termination of Pregnancy Act had been honored more in breach than observance

An Artificial Person behind the Bars

This Article is written by Pushti Dublish, pursuing B.A. LL.B. (Hons.) from Galgotias University. INTRODUCTION Have you heard this well-known quote “Don’t judge a book by its cover”? In this corporate legal world, whenever a company is incorporated it is considered as a separate legal entity that it is different from the persons who manage … Read more