'Furlough not a legal right': Supreme Court explains difference between Parole and furlough | SCC Times
https://www.scconline.com/blog/post/2021/10/21/furlough-not-a-legal-right-supreme-court-explains-difference-between-parole-and-furlough/

👨‍⚖️🌐 Furlough v. Parole
State of Gujarat v. Narayana, 2021


1. Furlough and parole envisage a short-term temporary release from custody;

2. While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason;

3. The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society;

4. Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough;

5. The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners


@CurrentLegalGK

🧠 #Question

Mention the Provisions/cases of CrPC/BNSS which deals with EXCEPTIONS to the Principle of Natural Justice. Also explain the reasons behind it.

🌟 Natural justice consists of 3 broad principles—
1. Audi alteram partem
2. Nemo judex in causa sua
3. Reasoned decision.


@CurrentLegalGK

Enlarging 'Custody' under Section 167: An Analysis of the Concepts of 'House Arrest' and 'Transit Remand' in Light of the Supreme Court’s Judgment in Gautam Navlakha v. National Investigation Agency | SCC Times
https://www.scconline.com/blog/post/2021/09/28/enlarging-custody-under-section-167-an-analysis-of-the-concepts-of-house-arrest-and-transit-remand-in-light-of-the-supreme-courts-judgme/

Transit remand
@CurrentLegalGK

🥳 #Tip

Must solve the recently 2024 conducted HJS (haryana) Mains Question Papers for Medium to high level or practice.

Suggestion by- Tarun Khatri (appeared for mains)

@CurrentLegalGK

🧠 #Question

Can a Magistrate order House Arrest?

Will House Arrest be counted under 60/90 days of 167 CrPC Custody (187 BNSS)?

Does the House arrest amounts to police custody or judicial custody

Will Transit remand be counted under 167?

Whether superior courts can order Remand under 167

@CurrentLegalGK

Chaining Freedom: The Conflict Between Use Of Handcuffs Under BNSS And Right To Life And Personal Liberty
https://www.livelaw.in/articles/chaining-freedom-the-conflict-between-use-of-handcuffs-under-bnss-and-right-to-life-and-personal-liberty-263793

Understanding E-Evidence Under Bhartiya Sakshya Adhiniyam 2023: Key Provisions And Implications
https://www.livelaw.in/know-the-law/understanding-e-evidence-under-bhartiya-sakshya-adhiniyam-2023-key-provisions-and-implications-263448

Behind Bars & Ballots : How Laws Apply When Jailed Persons Win Elections?
https://www.livelaw.in/top-stories/behind-bars-ballots-how-laws-apply-when-jailed-persons-win-elections-260564

@CurrentLegalGK

Lawyers Advertising Through Online Portals, Commodification Of Profession Against Ethical Mandate
https://www.livelaw.in/articles/lawyers-advertising-online-portals-commodification-profession-ethical-mandate-263465

Why members of the Bhil tribe have again demanded a separate ‘Bhil Pradesh’ 🔗
#explained_politics #express_explained #rajasthan #tribal_community

What is the procedure envisaged in the constitution?

@CurrentLegalGK

🔗⛓️👐 Section 43(3) BNSS Handcuffing

🌟 Corresponding section- 46 CrPC

🌟 Prem Shankar Shukla vs Delhi Administration, 1980 and Sunil batra, 1978 Guidelines—

1. Handcuffing is, prima facie, inhuman, unreasonable & Arbitrary.
2. Competing claims of securing the prisoner from fleeing and protecting his personality from barbarity have to be harmonized...& Other such guidelines..

Prem Shankar Declared the use of handcuffs unconstitutional under article 21. However, the court has carved out certain exceptions to the general practice of use of handcuffs

🌟 Aeltemesh Rein v. Union of India, (1988)
SC directed UOI to make Guidelines and rules for Handcuffing use.

🌟 Citizens For Democracy vs State Of Assam, 1995
The Supreme Court relied on its decisions in Sunil Batra and Prem Shankar Shukla cases laid down guidelines for use of handcuff and directed all ranks of police and prison authorities to meticulously obey the guidelines.

📑 Guidelines are as follows—

⚡1. General rule
Handcuffs or other fetters shall not be forced on a prisoner - convicted or under-trial-while lodged in a jail anywhere in the country or while transporting or in transit from one jail to another or from jail to court and back. The police and the jail authorities, ON THEIR OWN, shall have no authority to direct the hand- cuffing of any inmate of a jail in the country or during transport from one jail to another or from jail to court and back.

2. Exceptions-
Where the police or the jail authorities have well-grounded basis for drawing a strong inference that a particular prisoner is likely to jump jail or break out of the custody
🫱then the said prisoner be produced before the Magistrate concerned and
🫱Prayer for permission to handcuff the prisoner be made before the said Magistrate.

Magistrate discretion—
Save in rare cases of concrete proof regarding proneness of the prisoner to violence,'his tendency to escape, he being so dangerous/desperate and the finding that no other practical way of forbidding escape is available, the ✅Magistrate may grant permission to handcuff the prisoner.

3. Special orders required in remand order for judicial/police custody (167), execution of a warrant of arrest.

4. When police can handcuff without order of magistrate
If Person is arrested by the police without warrant the police officer concerned may if he is satisfied, on the basis of the guidelines given above (dangerous/desperate, tendency to escape etc..) that it is necessary to handcuff such a person, he may do so till the time he is taken to the police station and thereafter his production before the Magistrate. Further use of fetters thereafter can only be under the orders of
the Magistrate as already indicated above.

5. All Ranks of Police officers have to follow the above guidelines and non compliance will be dealt as contempt of court.


🌟 Table is attached for List of Offences in which Handcuffing is allowed.

Is 43(3) BNSS correct as per guidelines?

🌟 Compensation Awarded
Sabah Al Zarid v. State of Assam, 2023 awarded Rs. 5,00,000/- compensation to the petitioner which was payable by the respondent and held the handcuffing of the petitioner by the respondent contrary to the law laid down by Supreme Court.

@CurrentLegalGK

🌟 MP Yearly Digest 2023

Use: Go through your concerned subject cases.

@CurrentLegalGK

From PDF Page 20 onwards

Use: Must read History for India's Capital

@CurrentLegalGK

Page 56 onwards

Use: Practice IPR Cases

@CurrentLegalGK

Applicability Of CrPC After July 1, 2024: A Conflict In The Twilight Zone
https://www.livelaw.in/top-stories/bnss-crpc-fir-ipc-trial-after-july-1-bnss-retrospective-accused-rights-263958

Applicability of BNSS - CrPC far more tricky and can only be understood when 531 is understood properly.

1. -For FIRs lodged and trials commenced prior to July 1 2024, CrPC will hold field (Section 531(2)(a) BNSS);

2. -For FIRs lodged prior to July 1 2024, CrPC will apply so far as investigation is concerned. But if trial commences after July 1, BNSS will apply (since CrPC will continue to apply only to "pending" trials, etc.);

3. -For offence occurred prior to enforcement of new laws but FIR lodged after July 1 2024, FIR will be under IPC but probe and trial will be under BNSS (since substantive law at the time of commission of offence will hold field but accused has no vested right to old procedure);

4. -For trials pending as on July 1 2024, appellate proceedings, if any, will be governed by BNSS (since appeal, though continuation of trial, was not "pending").

These are only a limited set of issues. In the foreseeable future, applicability of procedure for revision, quashing petitions in relation to trials or appeals pending/ concluded under CrPC are likely to emerge.

Section 528—: Inherent powers may be used to get community service in the future as punishment.

⚡🙂 Learn it— 531 (2) (a)
if, immediately before the date on which this Sanhita comes into force, there Is any APPEAL, APPLICATION, TRIAL, INQUIRY or INVESTIGATION pending, then, (such appeal, application, trial, inquiry or investigation) shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973.

🌟🤔 Mention the provisions related to inquiry under CrPC

@CurrentLegalGK

Kerala High Court Revises Selection Rules For Civil Judge (Junior Division), Minimum Three Years Of Practise Needed To Apply
https://www.livelaw.in/news-updates/kerala-high-court-resolves-amend-selection-rules-civil-judge-junior-division-revises-eligibility-criteria-263963

👨‍⚖️ 1990-2005 cycle is getting repeated.

Experience is required because of the practical nuances.

1. Examination process tests only theory.
2. Many Law colleges are dumb they don't allow practical internships.

Experience agar hoga to subke liye hona chahiye 70% and 3 years to intelligible differentia create nahi karta 🤔 (Kahan 3 years w/o income practice kaha private ke 80%)

Corruption will increase now for experience and even after they get into service also (corrupt minds will enter) Talent/deserving will lose opportunity.

Observations suo Motu kabhi bhi judges ki recruitment process me gadbadi par nahi aati, jo unke bekar exam process ke karan judges baithein hain, (examination process + corruption) unke kharab knowledge ke karan ab rules change kr rhe.

The Question is how you are going to count the experience???

@CurrentLegalGK

💡 Essay writing competition would be a great idea.

✍️You will have only 2 hour to write and share in PDF form with your name on top.

📅 Date: The topic will be shared on 11th August and entries will get closed after 2 hour.

😏 Time limit Reason: To avoid UFM and only deserving candidates get the prize.

😉 Use: Prize + Compete with hundreds of candidates.

🏆 Prize: MCQ Booklet 📖📓😉
Only to Top 3 candidates.

Our Last Competition was Amazing, got so many entries for quiz making this time I hope we get triple entries bcz this is directly related to your mains practice Mock test.

@CurrentLegalGK