🌟 Anticipatory Bail by Person residing outside India.

🌟 Provision:- 482 BNSS
New law has made a provision that a person accused of committing a gang rape to all woman who are under eighteen years of age can not seek the anticipatory bail.


🌟ANTICIPATORY BAIL LAW—
✓ Anticipatory bail application has to be supported by the affidavit of the person apprehending his arrest unlike in regular bail by Advocate's affidavit.

✓ Issue of filing Vakalatnama

🌟 Case Laws:-

📌 Souda Beevi vs Mr. V. Ajith, 2011 (foreign residing person)

The purpose of an anticipatory bail order is that a person should make himself available for investigation without the threat of arrest floating on his shoulders. But in this case, the order of anticipatory bail was kept in cold storage for months and was misused.

📌 Anu Mathew v. Kerala, 2020

🌟 Issues:-

1. Whether the court has jurisdiction to grant pre-arrest bail to the accused residing in a foreign country❓

2. If the court has jurisdiction, then how should such jurisdiction be exercised❓


🥇First Issue—
✓ Right to Travel Abroad is a fundamental right as per Personal Liberty (Article 21)

✓ Fundamental right to access courts for determination of his rights. (Article 14 & 21)

✓ Pre-arrest bail can be supported by the affidavit of parokar of the applicant.

🥈Second Issue—
Illustrations to be seen while exercising discretion to grant pre-arrest bail:

✓ Whether there is bonafide apprehension of arrest in a non-bailable offence in India,

✓ Whether the accused is not likely to cooperate in investigation/trial processes,

✓ Whether custodial interrogation is required,

✓ Whether the Accused bonafide went abroad as part of their job compulsions or he went abroad to flee away from the arm of law,

✓ Whether the accused was already abroad at the time of registration of the crime,

✓ Whether the accused had absconded from India after knowing about the registration of a Non-Bailable offence,

✓ Whether the accused intends to come back to India and cooperate with the investigation,

✓ Whether the attempt of the accused is to buy time and stultify the investigation and the trial.

✓ Conditions—
In Addition to conditions under 438 (2) (i) & (iii) Cr.P.C. Court can also add a condition that the accused person must within a reasonable and definite time come to India to cooperate and submit himself to investigation by police and in case he fails, the anticipatory bail would automatically vacate.

🌟 Although no provision under CrPC makes it mandatory for the accused person to be physically present in India before his pre-arrest bail application can be heard on merits, suitable conditions can be imposed by the court based on facts and circumstances of the case to ensure his presence.

The subject of bail belongs to the blurred area of the criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion.
~ Justice Krishna Iyer

#Question
Travel Abroad is F.R. was held in which case?

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🌟 7 Questions on Pro Tem Speaker

1. Temporary speaker If Seat is vacant [180(1) COI]

2. Convention of Senior member of house.

3. Governor Constitutional discretion as per 180(1)
Subject to judicial review. (Nabam rebia case. And S.R. Bommai)

4. All Powers of Elected speaker
(Surendra vasant sirsat case)

5. Judicial review of Legislative proceedings on ground of irregularity in procedure not allowed (Article 212) but speaker illegal decision subject to review.

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🌟 RJS MOCK TEST 4

✅ TRY MOCK FROM THIS INSTITUTE (No promotion)

🌆 Timings: 6PM
https://www.judisure.com/test

📌Send scores and difficult questions screenshots.

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🌟 Section 69 BNS Case Law

#MCQ @CurrentLegalGK

#MCQ on Commutation

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🌟 RJS MOCK TEST 4

Attempted by one Member
Question 25 is incorrect.

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#MCQ on Joint Liability

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#MCQ on Jurisdiction

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Challenge To Surrogacy Law : Supreme Court Frames Issues To Consider, Hearing In July 2024
https://www.livelaw.in/top-stories/supreme-court-issues-in-pleas-challenging-provisions-of-surrogacy-act-rules-256985

🌟 Challenge to Surrogacy Law

1. Whether the prohibition of commercial surrogacy under Sections 4(ii)(b) & 4(ii)(c) of the Surrogacy (Regulation) Act, 2021 is constitutional?

2. Whether the right of a couple to avail surrogacy being restricted to married couples between the age of 23 to 50 years in case of female and between 26 to 55 years in case of male as provided in Section 4(iii)(c)(I) read with Section 2(1)(h) of the Surrogacy (Regulation) Act, is constitutional?

3. Whether the right of a single woman to avail surrogacy being restricted to only widows or divorcees between the ages of 35 to 45 years as provided under Section 2(1)(s) of the Surrogacy (Regulation) Act 2021, is constitutional?

4. Whether the right of an intending couple to avail surrogacy being restricted to only those couples who do not have a surviving child as provided under Section 4(iii)(c)(II) of the Surrogacy (Regulation) Act 2021, is constitutional?

5. Whether individuals who initiated the process of availing surrogacy prior to the enactment of the Surrogacy (Regulation) Act, 2021 have any right to avail surrogacy in a manner beyond the scope of the Surrogacy (Regulation) Act, 2021, save for cases falling within the ambit of Section 53 of the Act?

Refer:- https://t.me/CurrentLegalGK/874

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🌟 Trial of Summons Case
2️⃣Read Twice


Pre-trial release of the accused

The purpose of stating the “particulars of the offence” to the accused under Section 251 Cr.P.C and thereafter taking his plea is for deciding whether or not the accused should be tried for the alleged offences. Once the accused pleads not guilty to the “substance of accusation” stated to him, the trial starts. Once the trial starts, the view taken by the Supreme Court is that the Magistrate cannot go back to the pre-trial stage and cannot prematurely terminate the proceedings and that the trial which has already started should reach its logical culmination by “conviction” or “acquittal” as the case may be. .{ Adalat Prasad v. Rooplal Jindal 2004 }

🌟 Dr. Kamala Rajaram v. Dy.S.P, Office of the S.P Neyyattinkara 2005
Even before the substance of the accusation is read over to the accused, the proceedings against him can be dropped and the accused can be released u/s 258

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Climate Change and Constitutional Response

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Gender empowerment within the Larger Constitutional Scheme

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Accelerating Progress
through a Constitutional Roadmap for Justice and Development From a Tax Perspective

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ALTERNATIVE DISPUTE RESOLUTION IN INDIA

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Supreme Court Clarifies That Its Order On Minimum 1/3rd Women's Reservation In SCBA Posts Is On 'Experimental Basis'
https://www.livelaw.in/top-stories/supreme-court-scba-women-reservation-experimental-basis-257131

🌟 Supreme Court Bar Association v. BD Kaushik, 2024

In this case it was directed to make reforms and 1/3rd reservation seats for women.


Recent clarification order-
Court observed that SCBA is a “premier institution,” and its norms cannot remain static. The Court also underscored the need for timely reforms to confront the institution's challenges. Thus, the Court also passed directions to the SCBA to call for suggestions from the bar for reforming the SCBA rules regarding eligibility conditions for contestants, admission fee etc.

minimum one-third seats for women in the Supreme Court Bar Association's executive committee is on an "experimental basis" and that any difficulty faced in implementing the reforms would be placed before the Court.

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🌟When Parliament can Legislate on State list.

1. 249- National Interest.
2. 250- National Emergency
3. 252- Agreement with state.
4. 253- International treaty.
5. 356- President rule.
✨ 6. 369- Temporary Power to Parliament to make laws with respect to certain matters in state list, 5 years from enforcement of CoI.

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Mere Expression 'Benefit Of Doubt' In Judgment Doesn't Mean Acquittal Was Not Honourable; Entire Reasoning Has To Be Appreciated: Bombay High Court
https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-honourable-acquittal-benefit-of-doubt-231059

Role of District Judiciary In
Protecting Fundamental Rights

So if you say my favourite subject is Constitution you can quote these cases why constitution is essential for District Judiciary as well.

Landmark Judgments from CrPC / BNSS

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