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Evolution of the Indian Penal Code to Bharatiya Nyaya Sanhita (BNS)

India's criminal justice system is a testament to its remarkable resilience and adaptability. It has evolved to meet the needs of various historical periods, including the recent amendment of the Bhartiya Nyaya Sanhita. This blog explains the evolution of the penal system in India.

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ARTICLE 19(1) OF THE CONSTITUTION OF INDIA: AN ANALYSIS

India had achieved independence after huge bloodshed only for the citizens of the country so that they could live happily, without any interference from outside, which is known as sovereignty. Just after three tears, on the 26th day of November 1950, India had drafted its first Constitution, with its founding fathers being Dr. B.R. Ambedkar, Sir Benegal Narsing Rao, Surendra Nath Mukherjee and others. The Constitution of India has 22 parts and 395 Articles, and Part III of the Constitution is enshrined with the Fundamental Rights, ranging from Articles 12 to 35. Article 19(1) of the Constitution of India gives the freedom of speech and expression to all the citizens of India. The Supreme Court has ruled in the case of Devendrappa (1998) that reasonable restrictions may have to be imposed in the freedom of speech and expression in the interest of maintaining discipline in public services, even though it may not have been mentioned as a ground in Article 19(2).

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Misuse of Gender Laws in India

This paper, titled ‘Misuse of Gender Laws in India’, attempts to put forth some major loopholes in our Judicial System with respect to gender-oriented laws. It tries to make a sincere effort to understand how and why these loopholes get exploited by a section of society. It aims to critically evaluate, study and examine the major difference between what was intended by some laws versus what actually became of them through their massive misuse. This is one of those areas which has just started to gain momentum among the masses, but the legal and societal recognition of which has not received enough attention. There is also a significant dearth of quality literature available in this respect.

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Difference between Dishonestly & Fraudulently in the Indian Penal Code, 1860

Dishonestly & Fraudulently are usually confused as synonyms, although they have different meanings and uses in criminal law. The main factor in discriminating them is the level of punishment. Dishonestly is non-cognizable, whereas fraudulently is a cognizable offence.

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Personal Data Protection Bill, 2019: At Glance

Too much digitalisation and acceptance of integration of technology in our lives cannot be denied. Every sector, healthcare, legal, etc., is bombarded with new technological advancements, and our involvement in the same cannot be restricted. This, too much reliance raises concerns as to how the data of the individual, organisation, government department will be regulated. Due to a lack of legal reforms that provide for the regulation of data of users, certain people are sceptical about inculcating technology. To address all the above-mentioned issues, the Personal Data Protection bill, 2019 was introduced in the Lok Sabha by the Ministry of Electronics and Information Technology, on December 11, 2019.

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Structure and functioning of Criminal Courts in India

Administration of criminal justice is carried out through Magistrate Courts and Sessions Courts. The Indian Panel Code, 1860 (IPC), together with other penal laws constitutes India's substantive criminal law.

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Significant Amendments in the Criminal Law (2013-18)

Our legal system has provided many provisions to protect women and keep on amending from time to time. Some significant provisions on sexual offences were amended in 2013-18 in criminal law.

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Criminal Trial in Indian Law

Criminal law is the body of law that relates to crime. In India Criminal Justice system includes three Acts

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Difference between Kidnapping and Abduction

The word “kidnapping” has been derived from the word ‘kid’ meaning child and ‘napping’ to steal. Thus the word literally means “child stealing”. However, under the Indian Penal Code it is not confined to child stealing. It has been given broader implication, i.e., carrying away of a human being against his/her consent, or the person accused removes the person from his/her lawful guardianship.

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Differences between “May Presume” “Shall Presume” And “ Conclusive Proof

As per the dictionary, the meaning presumption is ‘an idea that is taken to be true on the basis of probability’ or ‘the act of believing that something is true without having any proof’.

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Female Lawyers and the Indian Legal Industry

The Indian legal industry has seen a growth in the number of female lawyers entering the profession. Traditionally seen as a male-dominated profession, female lawyers are making their mark increasingly in the world of litigation and law firms. However, despite the increasing numbers, there is a tendency for women lawyers to disappear as they progress up the hierarchical system. In the beginning, when junior lawyers enter into the field, you will see more female lawyers as compared to the top where men are in dominance. Commentators have described this to be the ‘dropping off’ of women lawyers along 20-30 years of their careers. Why exactly does this happen?

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COVID-19: Penal provisions for enforcing social distancing

On 11 March 2020 WHO declared the Novel Coronavirus Disease (COVID-19) outbreak as a pandemic (an epidemic that has spread worldwide, affecting a large number of people). The Union Government has invoked the powers under the Epidemic Diseases Act, 1897 to enhance preparedness and containment of the virus and declared COVID-19 a 'notified disaster' under the Disaster Management Act 2005.

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Distinction between ‘Wrongful restraint’ and ‘Wrongful confinement’

The term ‘Wrongful restraint’ denotes a willful obstruction of any individual in order to keep that individual from continuing toward any path in which that individual has a privilege to continue.

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Theories of Punishment

With the change in the social structure, society has witnessed various punishment theories and the radical changes that they have undergone from the traditional to the modern level and the crucial problems relating to them.