POCSO Dilemmas

https://www.thehindu.com/news/national/other-states/woman-struggles-to-free-husband-after-her-rape-accusation-results-in-20-year-jail-sentence/article65576692.ece

During the trial, the accused was released on bail after he had spent three years in jail. In this time, Ms. Dang married Mahakur in a temple and they migrated out of district to work in 2019. They lived happily for a couple of years when the court delivered its judgment.

He was convicted for 20 years

🥶 🌊 Why we are alive today

Water v. Ice density.

https://youtube.com/shorts/4dFlwMaENY0?feature=shared

#Question@CurrentLegalGK

Give 5 Concrete reasons,
Why a child must study history?

📸🚨🚔
If Any Police Station Left Outside Coverage Area Of CCTV Camera, Such Lapse Shall Be Considered As Contempt Of Court (S.P. and SHO liable) Madhya Pradesh HC

{Akhilesh Pandey v. The State Of Madhya Pradesh, 2024}


🌟 Landmark judgments on CCTV in police stations

1. D. K. Basu v. West Bengal, 2015
The State Governments shall also consider installation of CCTV cameras in police stations in a phased manner depending upon the incidents of human rights violation reported in such stations.

2. Shafhi Mohammad v. State of Himachal Pradesh, 2018
CCTV to be installed in every police station and videography in investigation.

3. Paramvir Singh Saini v. Baljit Singh, 2021
various directions issued to implement CCTV installation.

{Both 2 and 3 dealt with oversight committee to study and make reports on cctv footage}

❓ Question—
A police officer pleads defence on encounter killing saying that order of superior officer is binding on us.

🅰️nswer-
Prakash Kadam v. Ramprasad Vishwanath Gupta, 2011
We warn policemen that they will not be excused for committing murder in the name of “encounter” on the pretext that they were carrying out the orders of their superior officers or politicians, however high. In the Nuremburg trials the Nazi war criminals took the plea that “orders are orders” nevertheless they were hanged. If a policeman is given an illegal order by any superior to do a fake “encounter”, it is his duty to refuse to carry out such illegal order, otherwise he will be charged for murder, and if found guilty sentenced to death.

Ancient Indian Legal #History@CurrentLegalGK

🇮🇳👨‍⚖️ Matsanyaya (Mahabharata, Kautilya, Shatapatha Brahmana)
(Big fish eating small)

✓ Kautilya- “if danda be not employed, it gives rise to the condition of matsyanyaya, since in the absence of a chastiser the strong devour the weak”. That in the absence of a king (arajaka) or when there is no fear of punishment then condition of matsyanyaya follows.

✓ Shantiparva of Mahabharata Bhisma Pitamah tells Yudhishthir that there is nothing worse in the world than lawlessness, for in a state of matsyanyaya, nobody, not even the evil doers are safe, because even the evil doers will sooner or later be swallowed up by other evil doers.

⚔️ Sentencing and Punishment theory to Police officials.
Yashwant v. State of Maharashtra, 2018
wherein this Court laid down that when the police is violator of the law whose primary responsibility is to protect the law, the punishment for such violation has to be proportionately stringent so as to have effective deterrent effect and instil confidence in the society.


@CurrentLegalGK

Judge-To-Population Was Ordered To Be Made 50 Per Million By 2007, But Not Even 25 Per Million In 2024 : Supreme Court Laments
https://www.livelaw.in/top-stories/judge-to-population-was-ordered-to-be-made-50-per-million-by-2007-but-not-even-25-per-million-in-2024-supreme-court-laments-276063

The Court recalled that in 2002, a direction was passed in the All India Judges Association case that by 2007, judge to population ratio in the trial judiciary should be 50 per million. However, even in 2024, this ratio is not even 25 per million.

These observations while expunging certain adverse remarks made by the Delhi High Court against a Sessions Judge. The Court held that personal criticism of judicial officers should be avoided while setting aside the orders.

In the judgment which called for judicial restraint while making remarks against the personal conduct of judges, the Court reminded that even the judges of higher courts are vulnerable to making mistakes.

The judgment also referred to the immense stress faced by judges due to the huge workload, which makes them prone to make errors.



#Judicial_reforms and impact of not making reforms, not complying with infrastructure demands can defeat justice.

@CurrentLegalGK

COMMERCIAL SPEECH: A VARIANT OR A STEP-CHILD OF FREE SPEECH

@CurrentLegalGK

MP Judicial Services: High Court Orders Migration Of Meritorious Reserved Category Candidates To Unreserved Category In Future Recruitment Exams
https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-ruling-meritorious-candidates-reserved-category-eligibility-unreserved-quota-recruitment-exam-275995

#Quote_@CurrentLegalGK

We may consider each generation as a separate nation, with a right, by the will of the majority, to bind themselves, but none to bind the succeeding generation, more than
the inhabitants of another country.

~ Thomas Jefferson

Living document, progressive interpretation of constitution

India's First 24x7 Online Court Opens In Kerala's Kollam
https://www.livelaw.in/news-updates/kerala-kollam-247-on-court-digital-initiative-launched-speedy-justice-accessibility-275738

Explained: State of India’s undertrial prisoners, plans to ease sentencing | Explained News - The Indian Express
https://web.archive.org/web/20241122021247/https://indianexpress.com/article/explained/explained-law/indias-undertrial-prisoners-9680578/

@CurrentLegalGK

Misleading Ads: Everything You Need To Know
https://www.livelaw.in/law-firms/law-firm-articles-/misleading-ads-advertising-regulation-act-ministry-of-information-and-broadcasting-consumer-protection-act-tata-motors-ss-rana-co-266693

Whether an intermediary (social media platform) will get immunity from the scams executed by luring people through scam advt on intermediary's platform, whether that intermediary has any duty to check the work before contracting for advt.

@CurrentLegalGK

🌟 Bulldozer Justice
II. RULE OF LAW
III SEPARATION OF POWERS
IV. DOCTRINE OF PUBLIC TRUST AND PUBLIC ACCOUNTABILITY
V. RIGHTS OF THE ACCUSED UNDER THE CONSTITUTION
VI. PRINCIPLES OF CRIMINAL LAW: PRESUMPTION OF
INNOCENCE AND NATURAL Justice
VII. RIGHT TO SHELTER P
VIII. PERMISSIBILITY OF THE COLLECTIVE PUNISHMENT
IX. DIRECTIONS

💯 Case: Re: Directions in the matter of demolition of structures, 2024

@CurrentLegalGK

Making of Indian constitution images and videos compilation

https://sites.google.com/view/facultyoflawdsmnru/home

Rajsthan District Judge Pre 2024 Question Paper 🗞️

Answer key in comments
@CurrentLegalGK

Right to Health, Constitutional Safeguards and Role of Judiciary

Fundamental right to health case laws Article 21

@CurrentLegalGK

For those who remove plagiarism using Quillbot to get their articles published: I used to do this often as well and ended up publishing some poorly written articles 🙂.

Preamble's Original Tenets Reflect Secular Ethos; Secularism Part Of Constitution's Basic Structure : Supreme Court
https://www.livelaw.in/top-stories/preambles-original-tenets-reflect-secular-ethos-secularism-part-of-constitutions-basic-structure-supreme-court-276224

🌟 Provisions relating to Secularism

The Court in its order observed that at the time of adoption of the Constitution in 1949, the term Secular was not objectively defined.
Yet, the original tenets as enshrined in the preamble of  "equality of status and opportunity; fraternity, ensuring individual dignity—read alongside justice - social, economic political, and liberty; of thought, expression, belief, faith, and worship, reflect this secular ethos."
  
The essence of Secularism can also be seen in the fundamental rights of the Constitution under Articles 14, 15 and 16 - "which prohibit discrimination against citizens on religious grounds while guaranteeing equal protection of laws and equal opportunity in public employment." 

Preamble other objectives other than secularism read together, Articles 14, 15, 16, 25, 26, 29, 30 and 44.

@CurrentLegalGK

What is secularism?

@CurrentLegalGK