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Understanding the Latest Changes in New Criminal Laws

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Undeniably, let's delve into why there was a necessity to substitute the antiquated criminal laws: 1. The prevailing laws, remnants of the colonial era, were mere replicas of British criminal jurisprudence, designed not to serve justice but to subjugate and oppress Indians. 2. Many sections of these laws had become obsolete in our contemporary society, which has evolved significantly in all spheres. 3. One of the primary imperatives for enacting these three new acts is to enhance the efficiency of the criminal justice system. In the upcoming enactment of Bhartiya Nyaya Sanhita, which will supplant the archaic Indian Penal Code from the 1st of July this year, numerous alterations have been made, including the addition of 8 new sections and the repealment of 22 sections. The notable modifications in the new Bhartiya Nyaya Sanhita are as follows: Section 69 of BNS prohibits engaging in sexual intercourse through deceitful means, such as deceptive commitments regarding job advancement,...

Rethinking Reservation: Towards Equity Beyond Caste and Creed

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Before diving into detailed discussion about reservation let us know what reservation is... Reservation refers to the act of reserving a certain percentage of seats in schools, universities, and government jobs for people from discriminated and backward classes. These reserved seats are provided to individuals who are considered weaker sections of society and face discrimination based on caste, creed, race, or other criteria. However, I believe that reservations based on caste and religion should be phased out of society. I oppose any affirmative action programs in educational institutions or jobs that are solely based on caste. Instead, targeted support and resources should be provided to underprivileged children from all backgrounds (including upper castes) and religions, to create a more equitable environment. I vehemently oppose the reservation system for the following reasons:  1. Reservations can only benefit less than 1 per cent SCs or OBCs, while creating a...

Blended Lives, Shared Parenthood

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A cohabiting partnership can be characterized as a union akin to marriage but without the legal formalities. Indian legislation lacks a specific definition for the status of cohabitation, thus its legal standing remains ambiguous. However, this discussion will focus on the legal status of children born from such unions and the uncertainty surrounding their rights. Supreme Court in its one of its judgement categorized the Live-in relationship into following categories: 1. A domestic relationship that includes an unmarried adult female and an unmarried adult male. 2. A domestic relationship between an unmarried adult female and a married male entered knowingly. 3. A domestic relationship between a married female and an unmarried adult male entered knowingly. 4. A domestic relationship between same-sex partners. According to what i comprehend upon the child born out of Live-in Relationship should be treated as a legitimate as if the parents must have been cohabited unde...

Bail: Safeguarding Personal Liberty in Criminal Litigation

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Bail is a crucial aspect of criminal litigation and undeniably the most frequently sought-after instrument in the court of law, whether it be regular bail or anticipatory bail. In nearly every case, the accused seeks bail, while the petitioner endeavours to oppose its grant if pursued. When it comes to safeguarding the personal liberty of the accused, "bail" stands as the sole recourse available to them. In this discussion, we will delve into certain aspects of bail grant and cancellation. The authority to grant or cancel bail resides solely within the jurisdiction of the court presiding over the trial, and not with the police. The principles governing the grant of bail to the accused are as follows: 1. When a person is arrested without a warrant and is willing to furnish bail, they shall be released on bail. 2. Additionally, an undertrial prisoner may be granted bail if the punishment for the offense exceeds one-half of the maximum specified period. 3. The court may direct b...

Why Written contracts over Oral contracts

A contract is an agreement that binds the parties involved in a financial, personal, or professional exchange. The promise must be deemed to have a legal obligation attached to it, and this is the essence of a contract. Contracts are essential for the proper functioning of the business and personal world. They are the "glue" that holds relationships together. Contracts are the assurances of the exchange of goods or services. They can also be used to define the rights and wrongs of a business or personal relationship. According to what I comprehend, oral contracts are considered as valid as written contracts in the eyes of law, but forming a written contract is still convalescent in nature. In the legal field, where advice from advocates and lawyers to form a written contract is considered for their own mercantile reasons, but there are certain benefits for the same as lawyers do care about their clients more because to get him rid of the problem he is stuck in, is their prima...