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When Silence Becomes Heavier Than Law: Reflections on the Recent Judge Suicide Case in India
Practical legal writing on 498A, matrimonial disputes, criminal allegations, maintenance, custody and Indian court procedure.
NRIs staying abroad and in matrimonial disputes often wonder whether to file a divorce in a foreign country. There needs to be more understanding around the same. This article attempts to capture under which conditions a decree obtained in a foreign court is valid in India. It does not try to venture into the domain […]
We all know that one of the cardinal principles of the criminal justice system is that an accused is presumed to be innocent unless proven otherwise. In the Indian justice system, it is aid if two views are possible, one pointing towards the guilt of the accused and the other towards his innocence, that favourable […]
Approved by Indian Parliament in year 1983, Indian Penal Code 498a (Husband or relative of husband of a woman subjecting her to cruelty: Section 85 & 86 of The Bharatiya Nyaya Sanhita, 2023) is a criminal law (not a civil law) which is explained as follows, “Whoever, being the husband or the relative of the […]
It would seem challenging to amend the criminal complaint at the outset, as the Indian Laws don’t provide any express provision. However, in a recent case, S.R. Sukumar v. S. Sunaad Raghuram [Criminal Appeal No. 844 of 2015], the Supreme Court ruled that if the amendment is sought to be done in the complaint and […]
Is India Rape Capital Tag Justified Suddenly, the middle class got paranoid about the safety of their sisters, wives and daughters when ‘India’s Daughter’ was re-re-provoked by interest in Rapes happening in India. Re-re-provoked? Oh, just a couple of months back, it was Uber Rape Case, and then a few months back, there were two bodies […]
ADMISSIBILITY OF CALL RECORDINGS BEFORE COURT AS EVIDENCE IN MATRIMONIAL DISPUTES Over the period, more and more matters have come before the court wherein one or both of the parties to the dispute rely on electronic evidence such as phone recordings, screenshots of chats/texts, etc. However the focus of this article is merely phone recordings […]
Section 498A (85 and 86 of The Bharatiya Nyaya Sanhita, 2023) of the Indian Penal Code was introduced in 1983 to protect married women from cruelty or harassment by their husbands or in-laws, especially in cases related to dowry demands. This law allows a woman to file a complaint if she faces physical violence, mental […]
What is Anticipatory Bail? Anticipatory bail means bail in anticipation of an arrest. Any person apprehended under arrest under a non-bailable offence in India can apply for Anticipatory Bail under section 438 of The Code of Criminal Procedure, 1973. It is bail before arrest; a person arrested cannot seek Anticipatory Bail CrPC; he would have […]
Sexual Crimes in Delhi: For the last two days, I have been reading news of AAP MLAs demanding CCTV cameras in their office and homes. The said demand was accepted by the speaker, citing that they are under threat of being framed in false cases of molestation. At least 12 MLAs of the Aam Aadmi […]
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