Sedition: Critical Interpretation

By Anshika Juneja, Symbiosis Law College, Pune.

KENNY- the Law of Sedition relates to the uttering of the seditious words, the publication of seditious libels, and conspiracies to do an act for the furtherance of a seditious intention. The Bombay High Court on Tuesday 22nd September,  directed the State not to implement its circular issued by the Home Department defining guidelines for the police to book people under sedition charges while hearing a public interest litigation (PIL) filed by Advocate Narendra Sharma, who practices in the Bombay HC, sought for quashing of the circular. A division bench of Justice VM Kanade and Justice Dr Shalini Phansalkar Joshi asked the government to file a detailed affidavit within two weeks or it would decide on the petition at the admission stage. (more…)

Would India be justified in doing away with the Death Penalty?-Decoding the 262nd Law Commission Report

By Vershika Sharma, National Law University, Jodhpur.

India is one of the 59 countries in the world that still retain death penalty even after the United Nations General Assembly adopted Resolution 62/149 on 18-12-2007. 262nd Law Commission Report is the outcome of references made by the Supreme Court in death penalty matters to discuss and re-examine its previous reports and suggest changes considering recent debates and allegations on the national and international front. (more…)

Death caused by Negligence

By Saurav Das, School of Law, Christ University.

Humans, by their nature itself, often divert from the boundaries of righteousness that they have set up for themselves. These diversions can be caused due to mistake, or they may even be deliberate and intentional. These acts invite various penalties, which too are the yielding of our mind. One of the examples of these yielding is tortious liabilities. Since its evolution in the Roman law, tort law has come a long way. This evolution has given the victims of acts committed without any intention of causing such damage, the opportunity to approach the courts for justice. One of the major examples of these acts are the acts committed by Negligence. Negligence means a failure to exercise the care that a reasonable and prudent person would exercise in like circumstances. It is the failure to perform a legal duty, which causes damage to the party. The ingredients to constitute negligence are: (more…)

Abetment of an Offence

By Priyanka Agarwal, Chaudhary Charan Singh University.

Abetment is an offence only if the act abetted would itself be an offence punishable under the Indian Penal Code or under any other law for the time being in force.

Chapter V, Sections 107 to Sections 120 of the Indian Penal Code,1860 are related with abetment. When several persons take part in the commission of an offence, each one of them may contribute in a manner and degree different from the others. (more…)

Question Continues: Justice or No Justice?

By Amrita Dasgupta, South Calcutta Law College.

The number of pending cases, piled up with the Indian judiciary, is legendary. It has been estimated that it would take at least 320 years to clear off the total backlog of 31.28 million cases pending with various courts across the country.[1]

After 13 years of the prolonged court proceedings of the “2002 hit-and-run” case, the convict Salman Khan was almost sent behind the bars for a 5 year term by the Session’s Court along with a fine of INR 25,000. However, following this verdict, an appeal was being made to the Bombay High Court that challenged the verdict of the Session’s Court. The Bombay High court then granted the actor an interim bail for two days. After the lapse of the interim bail period, the appeal was under consideration and the punishment was set aside granting a permanent bail till the next hearing or order, thereby keeping the case open again. (more…)

LGBT Rights in India

By Nikhil Nair, VIPS, New Delhi.

LGBT is a common term used to describe people who are Lesbians, Gay, Bisexuals and Transgender. The ambit of LGBT also sometimes widens up to include non-heterosexuals. A large population in India is homophobic. Being a part of the LGBT community is considered to be a sin for them. People belonging to such communities are considered as outcastes and outlaws by some. This majorly has to do with the mindset of the majority Indian population who consider sexual activities within the same sex as against the law of nature. (more…)