Police Stations Or Places Under Police Dept Control Can't Be Designated As Places To E-Record Witness Evidence Under BNSS : MHA To States/UTs
https://www.livelaw.in/top-stories/police-stations-or-places-under-police-dept-control-cant-be-designated-as-places-to-e-record-witness-evidence-mha-to-statesuts-263526

'Community Service' Under The BNS – An Incomplete Yet Promising Penologocial Advancement
https://www.livelaw.in/articles/community-service-under-bhartiya-nyaya-sanhita-262322

🌳🌱 Community service

It is pertinent to note that in 1997, the 156th Law Commission Report had recommended for an amendment to Section 53 IPC to include 'community service' as an alternate to prison sentence, however, this recommendation was never adopted.

The first statutory reference for “community service” in India, is found in S. 18 (1)(c) of the Juvenile Justice Act, 2015. However, there was no provision for community service under the general penal law till the BNS, 2023.

🌟 Sunita Gandharva v State of MP, 2020 (not the first case)

The issue before the MP High Court was whether the scope of bail condition u/s 437(3) CrPC was wide enough to include community service. The High Court answered the question in the affirmative and held that the phrase “any other conditions in the interest of justice” laid down in Section 437(3) of CrPC gave the power to the Court to direct the accused/ offender to perform community service or other connected reformatory measures.

📝 Provisions with Community service—

1. Involvement of public servants in illegal trade (Section
202)

2. Non-appearance in response to a proclamation (Section
209)

3. Attempt to commit suicide to influence legal authority
(Section 226)

4. First conviction of petty theft involving property valued
below ₹5,000. (Section 303 (2)

5. Public misconduct by a drunken person (Section 355)

6. Defamation [Section 356(2)]

Default in serving community service.

@CurrentLegalGK

References To IPC, CrPC & Evidence Act In Existing Laws To Be Read As References To BNS, BNSS & BSA : Centre Issues Notification
https://www.livelaw.in/top-stories/references-to-ipc-crpc-evidence-act-in-existing-laws-to-be-read-as-references-to-bns-bnss-bsa-centre-issues-notification-263583

🌟Section 8 General Clauses Act

Now wherever IPC is written in any other law shall be read as BNS.... (corresponding provisions of such law shall be construed accordingly)

So in this case BNS provisions mentioned in BNSS Schedule 1 can be read as IPC provisions in case there is an offence committed before 1st July and registered on 1st July.

#Question❓❓

As per notification IPC TO BE READ AS BNS, can we say Vice Versa to this ??

See the issue raised already by me earlier as well— https://t.me/CurrentLegalGK/3333 (last sentence)

@CurrentLegalGK

🔥 Primer on New Criminal Laws

Must refer this.....
New criminal manual

Verify with bare act (there maybe some errors) eg. 2(1)(d) for bail bond

@CurrentLegalGK

🧠🤯 2 Amazing Facts–

1. Sanskrit language lawyer—
Practicing law Sanskrit 45 years has not lost any case till now story lawyer awarded Sanskrit Mitra Award |
https://www.agniban.com/practicing-law-in-sanskrit-for-45-years-has-not-lost-any-case-till-now-story-of-a-lawyer-awarded-with-sanskrit-mitra-award/#goog_rewarded

🌐 📓 Guinness Books of World record
https://www.guinnessworldrecords.com/world-records/longest-career-as-a-lawyer

@CurrentLegalGK

🧠 #MCQ by @CurrentLegalGK

A transferee who purchased a suit property via a registered sale deed during the pendency of a suit sought impleadment as a necessary party to defend his title. The impleadment was denied on the ground that Section 52 of the Transfer of Property Act, 1881 renders the transfers pendente lite void. Decide.

a. The impleadment was rightly denied as the doctrine of lis pendens renders the pendente lite transfers void.

b. The doctrine of lis pendens does not render all transfers pendente lite to be void ab initio. It only impacts the rights of the persons who are party to the pending litigation.

c. The impleadment cannot be denied to a transferee as there exists no bar to the impleadment of transferees pendente lite with notice to protect his interest in the suit property purchased via registered sale deed.

d. Both (b) and (c)

Answer 👇

🧠 #MCQ by @CurrentLegalGK

An incriminating material was posed by the prosecution against the accused, however, the accused was not provided a chance to explain the incriminating material posed against him. Decide.

a. Trial Could be vitiated if provisions of Section 351 of BNSS (akin to Section 313 CrPC) are not followed.

b. Depriving an accused to explain the incriminating material posed against him by the prosecution is contrary to Section 351 BNSS.

c. Non-adherence to the provision of Section 313 of CrPC would result in an acquittal of the accused if it prejudices the accused.

d. All of the Above.

@CurrentLegalGK

🧠 #MCQ by @CurrentLegalGK

Mr. A approached the Writ Court for Setting Aside the auction sale of his property on the ground that the executive authority had sold his property in violation of law. However, the Writ Court dismissed the petition on the ground that the conditions of Order 21 Rule 90 for setting aside a sale were not fulfilled by Mr. A. Decide.

a. Writ Court has rightly dismissed the petition as the conditions of Order 21 Rule 90 CPC ought to have been fulfilled by Mr. A.

b. Writ Court cannot ask Mr. A to fulfill conditions of Order 21 Rule 90 CPC for setting aside an illegal sale made in violation of law.

c. Order 21 Rule 90 CPC does not apply to writ court.

d. Both (b) and (c)

@CurrentLegalGK

West Bengal Govt Constitutes Committee To Review New Criminal Laws, Suggest State-Specific Amendments
https://www.livelaw.in/top-stories/west-bengal-govt-constitutes-committee-to-review-new-criminal-laws-suggest-state-specific-amendments-263667

🌟 Non- NDA States will do this.
Current Eg. West bengal & Tamil Nadu

Though they cannot contradict central made law because criminal law is a part of concurrent list.

It is good if they make better changes and make provisions more sound and clear.


@CurrentLegalGK

🌟 What to be read and how to be used—

Judgment writing sections

@CurrentLegalGK

Supreme Court Raises Concerns About Fresh Law Graduates Joining Judiciary, Low AIBE Standards & Politicisation Of Bar
https://www.livelaw.in/top-stories/supreme-court-raises-concerns-about-fresh-law-graduates-joining-judiciary-low-aibe-standards-politicisation-of-bar-263566

👨‍⚖️ The Issue of Experience—


Do you guys really think experience is necessary?

Can 70% of MPCJ justify experience?



Should we not make changes in the legal education system also?

CJI goes to NLU why not to local government college?

No question raised by SC judges (suo moto) on major errors in conducting exams by HCs and PSCs

Why not to Increase the Level of Training? In that way fresh talent + good experience with little stipend

Whether practice of 2-3 years will give him experience?

Are there any other ways? Like to change the pattern of examination?

Any international practice that can be adopted?

💬 Comment Your Concrete & neutral views

@CurrentLegalGK

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Lists Out Factors To Be Considered
https://www.livelaw.in/top-stories/permanent-alimony-is-awarded-to-ensure-decent-living-standard-for-wife-supreme-court-lists-out-factors-to-be-considered-263709

🤑 Factors to be considered for Alimony—

✍️ Case- Kiran Jyot Maini vs Anish Pramod Patel

These factors include but are not limited to:

i. Status of the parties, social and financial.

ii. Reasonable needs of the wife and dependent children.

iii. Qualifications and employment status of the parties.

iv. Independent income or assets owned by the parties.

v. Maintain standard of living as in the matrimonial home.

vi. Any employment sacrifices made for family responsibilities.

vii. Reasonable litigation costs for a non-working wife.

viii.Financial capacity of husband, his income, maintenance obligations, and liabilities.

{Note: Status of parties significant factor}

-------------------------------
💸💴 For maintenance—
⚡ Case- Rajnesh v. neeha, 2020

1. Maintenance of minor children
2. Serious disability or Ill health
3. Where wife is earning some income
4. Age and employment of parties.
5. Right to residence.
6. Cited— Delhi High Court in Bharat Hedge v Smt. Saroj Hegde, 2007 👇

“1. Status of the parties.
2. Reasonable wants of the claimant.
3.The independent income and property of the claimant.
4. The number of persons, the non-applicant has to maintain.
5. The amount should aid the applicant to live in a similar lifestyle as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non-applicant.
9. Some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litigation.
11. The amount awarded u/s 125 Cr.PC is adjustable against the
amount awarded u/ 24 of the Act.

--------------------------------

Irretrievable Breakdown Factors

🌟 Case Shilpa Sailesh v. Varun Sreenivasan., 2023

1. The factors encompassed a period of cohabitation after marriage
2. The nature and gravity of allegations made by the parties.
3. Orders passed in previous or pending legal proceedings
4. Attempts at reconciliation or settlement and their outcomes.
5. Period of separation and other similar considerations.

Alimony, maintenance and irretrievable breakdown of marriage factors

#BNSS@CurrentLegalGK
#MAINTENANCE@CurrentLegalGK

🌇 Sunset Clause in statute
Origin, Purpose, Working, Features & More

https://testbook.com/ias-preparation/sunset-clause

#Discernible_Topics
@CurrentLegalGK

⚡🙊 Section 162 Statement Bar Exceptions (Uses)—

145, 157, 32, 27 (when prosecution and defence can?)

Which section of BNSS and BSA?

@CurrentLegalGK

🌅 #Quote

Justice without power is inefficient; power without justice is tyranny.... Justice and power must therefore be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."

~Blaise Pascal

Use: Excessive use of power by police.

@CurrentLegalGK