Criminal Law in India:
Crime investigation and trial of offences in India is governed by Criminal Procedure Code, 1973. Offences governed by Indian Penal Code 1860 besides other specialised laws e.g. Narcotics Drugs and Psychotropic Substances Act, 1985. Evidence of witnesses during trial is to be evaluated on the touch stone of Evidence Act, 1872. Children and Juvenile have special law called JJ Act. Prison Conditions are governed by Prisons Act.
Apart from above legislations, there are numerous directions, guidelines and cautions by Supreme Court to protect the personal liberty, human rights and human dignity under article 21 of the Constitution of India.
This book is an attempt to assimilate basic knowledge from all these sources so as to assist in each stage of criminal proceedings starting with crime investigation, bail, trial and even after the conviction and sentencing of a person.
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Whether the provisions, namely, Sections 8, 10, 11 and 12 of the Commission Act are ultra vires and whether these provisions transgress the right of minority institutions guaranteed under the Constitution of India?
“It is difficult to comprehend that the framers of the Constitution would have given such an absolute right to the religious or linguistic minorities, which would enable them to establish and administer educational institutions in a manner so as to be in conflict with the other Parts of the Constitution. ……..The right under Article 30(1) has, therefore, not been held to be absolute or above other provisions of the law, and we reiterate the same. By the same analogy, there is no reason why regulations or conditions concerning, generally, the welfare of students and teachers should not be made applicable in order to provide a proper academic atmosphere, as such provisions do not in any way interfere with the right of administration or management under Article 30(1).” Continue reading “Right of Government to ensure better education in minority institutions of education.”
Corruption in India
India is the only living ancient civilization which will soon be the most populous country in the World. Corruption remains India’s biggest problem. In last about 72 years since India’s independence, numerous laws and authorities have been created by India to deal with the menace of corruption.
Even though several Chief Ministers, Ministers, Officials etc. are serving sentences of imprisonment in different prisons, the menace of corruption has not subsided. Since 2014 the India may have improved it’s transparency rating but this does not change the ground realities of laws and enforcement authorities which are placed in a precarious flip flop course.
A Kindle ebook on Corruption:
Continue reading “Corruption in India (History, Law and Politics)”