Tag: Indian penal code

Marital Rape Within Prohibited Child Marriages

By Sumit Kumar Suman, CNLU INTRODUCTION A judge in India has officially confirmed that rape laws do not apply to married couples — once you’re legally wed, forced sex is no longer a crime.[i] Historically, “Raptus”, the generic term of rape was to imply violent theft, applied to both property and person. It was […]

Offences Under IT Act, 2000

By Rahul Deo, CNLU Patna Editors Note:The high and speedier connectivity to the world from any place has developed many crimes and these increased offences led to the need of law for protection. The IT Act was the result of such a need and this paper analyzes the offences under […]

Executors & Administrators: Powers & Duties

By Soumik Chakraborty Editor’s Note: An executor appointed under a Will, in effect, stands in the testator’s place after death.  Similarly, an administrator stands in the place of the deceased even though he or she is appointed by the court. This paper attempts to analyze the existing law in that regard. […]

Sexual Harassment At The Workplace

`By Aarti Goyal, UILS Chandigarh Editor’s Note: Sexual harassment and other forms of sexual violence in public spaces are an everyday occurrence for women and girls around the world—in urban and rural areas, in developed and developing countries. Before 1997, women experiencing sexual harassment at workplace had to lodge a complaint […]

Rarest of Rare Doctrine: Death Penalty

By Satya Vrat Yadav, UPES Editors Note: The paper attempts to evaluate the rarest of rare doctrine which has been evolved by the Supreme Court for awarding death penalty. It seeks to highlight the current methods of execution in the light of international perspective. Introduction Indian judiciary has pointed out their […]

Position And Perspective Of Privacy Laws In India

By Devesh Saxena, Faculty of Law, University of Allahabad Editor’s Note: The term ‘privacy’ refers to the use and disclosure of personal information and is only applicable to information specific to individuals. As such, the right to privacy has been given paramount importance by the Indian judiciary and can only be […]

Should Homosexuality be Legalised?

By Aishwarya Srivastava, UPES, Dehradun Editor’s Note: Should homosexuality be legalized? The paper focuses on the moral dilemmas involved in legalizing homosexuality and questions the effect it will have on the institution of marriage and procreation. Law is forever dynamic and must change with changes in society. However, with changes […]

Judicial Activism Under Article 21: Going Beyond The Four Walls Of The Judiciary

By Sweta Rath, Symbiosis Law School “Editor’s Note: Judicial Activism is an approach to the exercise of judicial review, or a description of a particular judicial decision, in which a judge is generally considered more willing to decide constitutional issues and to invalidate legislative or executive actions. The author has explored the concept of judicial […]

Working of Copyright Board in India and Procedure for Litigation with Regards to Copyright

By Nikhil Jain, ITMU Law School. Editor’s Note: With technological advancements, the need to protect one’s work through copyrights has tremendously increased. To safeguard such interests, the Indian Legislature passed the Indian Copyright Act, 1957; the Act has seen various amendments through the years to keep pace with the changing […]

Criminal Breach Of Trust

By Samarth Trigunayat, CNLU Editor’s Note: Criminal breach of trust is defined under Section 405 of the Indian Penal Code, 1860. The section, in a nutshell, reads as ‘dishonest misappropriation’ or ‘conversion to own use’ another person’s property. Criminal breach of trust and criminal misappropriation (under Section 403) is distinguished from […]