#Ideas@CurrentLegalGK
If you were an author of a law book:
1. What would the topic be?
2. How would you make the book unique?
If you were an author of a law book:
1. What would the topic be?
2. How would you make the book unique?
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐ช๐คผ๐
#Challenge_@CurrentLegalGK | Comprehensive MCQ BookLet 30 Days Wakeup Challenge. One who struggles in waking up early, can do it. ๐ Stepsโ 1. Share a Quote by anyone in the @LegalQuizzes by 7 AM 2. After 5 Days (from 15th dec) change the time toโฆ
Congratulations ๐ To those who have surpassed this much length of time with consistency,
Last 2 Days Challenge is:-
๐Share a Time stamp Image of Sunrise
(The just extreme starting of sunrise)
Happy Robust Day Cycle
@CurrentLegalGK
โคโ๐ฅ3๐2๐2โค1๐ฅ1๐1๐1
DJS MAINS RESULT (1).pdf
13.5 MB
โจ DJS MAINS RESULT 2023
Congratulations to 3 of my friends, who have Qualified.
Anyone from Channel?
@CurrentLegalGK
Congratulations to 3 of my friends, who have Qualified.
Anyone from Channel?
@CurrentLegalGK
โคโ๐ฅ4๐2
Right To Appeal Against Conviction Is Also A Fundamental Right; Can't Be Dismissed On Delay Without Examining Reasons For Delay : Supreme Court
https://www.livelaw.in/supreme-court/right-to-appeal-against-conviction-is-also-a-fundamental-right-cant-be-dismissed-on-delay-without-examining-reasons-for-delay-supreme-court-280218
https://www.livelaw.in/supreme-court/right-to-appeal-against-conviction-is-also-a-fundamental-right-cant-be-dismissed-on-delay-without-examining-reasons-for-delay-supreme-court-280218
www.livelaw.in
Right To Appeal Against Conviction Is Also A Fundamental Right; Can't Be Dismissed On Delay Without Examining Reasons For Delayโฆ
The Supreme Court observed that the right to appeal against a conviction is a statutory right granted to the accused under Section 374 of the Cr.P.C., and a properly explained delay in filing the...
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Right To Appeal Against Conviction Is Also A Fundamental Right; Can't Be Dismissed On Delay Without Examining Reasons For Delay : Supreme Court https://www.livelaw.in/supreme-court/right-to-appeal-against-conviction-is-also-a-fundamental-right-cant-be-dismissedโฆ
"Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a Fundamental Right," the Court observed.
Mahesh Singh Banzara v. State Of Madhya Pradesh, 2025
Mahesh Singh Banzara v. State Of Madhya Pradesh, 2025
Methodology: Obviously there are precedents if you know them stick to that judgment and don't remember this one but if you are reading for the first time then remember this one.@CurrentLegalGK
๐4โคโ๐ฅ1๐1
๐ง #Question@CurrentLegalGK
Mention 10 Provisions of Bhartiya Sakshya Adhiniyam, 2023 which should be read in consonance with Code of Civil Procedure Sections/Orders.
@CurrentLegalGK
Brainstorming Time
Mention 10 Provisions of Bhartiya Sakshya Adhiniyam, 2023 which should be read in consonance with Code of Civil Procedure Sections/Orders.
@CurrentLegalGK
Finalise Draft Rules Under Freedom Of Religion Act 1978 Within Six Months: Gauhati High Court To Arunachal Pradesh Govt
https://www.livelaw.in/high-court/gauhati-high-court/gauhati-high-court-hearing-pil-arunachal-pradesh-freedom-of-religion-act-rules-arunachal-pradesh-government-271245
https://www.livelaw.in/high-court/gauhati-high-court/gauhati-high-court-hearing-pil-arunachal-pradesh-freedom-of-religion-act-rules-arunachal-pradesh-government-271245
www.livelaw.in
Finalise Draft Rules Under Freedom Of Religion Act 1978 Within Six Months: Gauhati High Court To Arunachal Pradesh Govt
The Gauhati High Court on Monday asked the State of Arunachal Pradesh to finalise rules under Section 8 of Arunachal Pradesh Freedom of Religion Act, 1978 within six months.
๐2
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Finalise Draft Rules Under Freedom Of Religion Act 1978 Within Six Months: Gauhati High Court To Arunachal Pradesh Govt https://www.livelaw.in/high-court/gauhati-high-court/gauhati-high-court-hearing-pil-arunachal-pradesh-freedom-of-religion-act-rules-arunachalโฆ
Can constitutional courts direct government (executive) to frame rules for the law enacted by legislature?
Article 50? separation of powers
Tambo Tamin v. The State of AP & 2 Ors, 2025
Andhra pradesh freedom of religion act 1978
#Discernible_topics
#Question@CurrentLegalGK
Article 50? separation of powers
Tambo Tamin v. The State of AP & 2 Ors, 2025
Andhra pradesh freedom of religion act 1978
#Discernible_topics
#Question@CurrentLegalGK
๐1
Grievous Hurt Offence (S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court
https://www.livelaw.in/supreme-court/grievous-hurt-offence-s326-ipc-can-be-compromised-in-exceptional-circumstances-supreme-court-280252
https://www.livelaw.in/supreme-court/grievous-hurt-offence-s326-ipc-can-be-compromised-in-exceptional-circumstances-supreme-court-280252
www.livelaw.in
Offence Of Grievous Hurt By Dangerous Weapons(S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court
The Supreme Court (today on January 07) observed that while Section 326 (punishment for grievous hurt by dangerous weapons) of the Indian Penal Code, 1860, is non-compoundable, the Court can, in...
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Grievous Hurt Offence (S.326 IPC) Can Be Compromised In Exceptional Circumstances: Supreme Court https://www.livelaw.in/supreme-court/grievous-hurt-offence-s326-ipc-can-be-compromised-in-exceptional-circumstances-supreme-court-280252
๐ค๐ค Compoundablity of Non Compoundable offences.
โ https://t.me/CurrentLegalGK/4108
โ https://t.me/CurrentLegalGK/3464
Non compoundable cases me HC Quashed krta h proceeding 482 m compound nhi kr skta
โ https://t.me/CurrentLegalGK/4108
โ https://t.me/CurrentLegalGK/3464
Non compoundable cases me HC Quashed krta h proceeding 482 m compound nhi kr skta
๐3๐ค1๐1๐ฏ1
๐๐
Hello Doston,
From past 3 Years, If you really like the posts and material we share without any fee then you must know this information.
โ firstly, we got one copyright on 1 message we are working for resolution but you are a part of our family that's the reason we are telling you.
โ Secondly, if you guys really want good content in future a robust revolution in Answer writing enhancers, Case laws compilations explanations, recent cases lucid explanation and daily MCQ practice then you must follow our YT channel, if you don't want to miss the opportunity to gain knowledge.
I know many of you want a good unique content for your exam which can make yourself stand different from others in this competition.
As a backup channel join it I am not promising that I will start Rightaway in YouTube bcz I want perfection in content but we are Planning something good, just reserve it and join it for free robust content better than many paid institution.
๐ธ๐๏ธ
https://youtube.com/@naturaljustice?feature=shared
โ๏ธโ๏ธโ๏ธโ๏ธโ๏ธ
Announcement | NoticeHello Doston,
From past 3 Years, If you really like the posts and material we share without any fee then you must know this information.
โ firstly, we got one copyright on 1 message we are working for resolution but you are a part of our family that's the reason we are telling you.
โ Secondly, if you guys really want good content in future a robust revolution in Answer writing enhancers, Case laws compilations explanations, recent cases lucid explanation and daily MCQ practice then you must follow our YT channel, if you don't want to miss the opportunity to gain knowledge.
I know many of you want a good unique content for your exam which can make yourself stand different from others in this competition.
As a backup channel join it I am not promising that I will start Rightaway in YouTube bcz I want perfection in content but we are Planning something good, just reserve it and join it for free robust content better than many paid institution.
๐ธ๐๏ธ
https://youtube.com/@naturaljustice?feature=shared
โ๏ธโ๏ธโ๏ธโ๏ธโ๏ธ
๐14โคโ๐ฅ3๐3
Timely_Justice.pdf
244 MB
๐4๐1๐1
โจ Section 187(2) & (3)
Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts.
Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment.
Is this not a departure from Bare Language?
โจ Reasoning by High Court judgment which supreme court refused to interfere Next post
But first Let us see the Offences which are charged in the present case.
โ 108 Abetment of suicide:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine
โ 308(5) Extortion:
Either description for a term which may extend to ten years, and
shall also be liable to fine.
Others are not of our use.
"The Phrase Which may extend to ten years is being interpreted in the lines of 187 (2) & (3)"
๐ 2 Important Phrases
S.187- 10 Years or More &
S. 108 Punishment-
Extend to 10 years
Note: HC judgment considered 167 and 187 as same.
Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts.
Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment.
Is this not a departure from Bare Language?
โจ Reasoning by High Court judgment which supreme court refused to interfere Next post
But first Let us see the Offences which are charged in the present case.
โ 108 Abetment of suicide:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine
โ 308(5) Extortion:
Either description for a term which may extend to ten years, and
shall also be liable to fine.
Others are not of our use.
"The Phrase Which may extend to ten years is being interpreted in the lines of 187 (2) & (3)"
๐ 2 Important Phrases
S.187- 10 Years or More &
S. 108 Punishment-
Extend to 10 years
Note: HC judgment considered 167 and 187 as same.
โคโ๐ฅ3
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
โจ Section 187(2) & (3) Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts. Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishableโฆ
๐ฎโโ๏ธ
โ Case: Hyder Ali v.State of Karnataka, 2024
167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More โโ>
Means threshold period of 10 Years.
BOTH ARE SAME NO CHANGE IN NEW LAW.
Reason for the aforesaid issue :
The offence in the case at hand, does not bear a
minimum threshold sentence of ten years, but is extendable or to an extent of ten years, which would mean, discretion available to the concerned Court to impose punishment up to ten years. Therefore, the
minimum threshold is not ten years.
1. 10 or More means Minimum is 10 years.
2. Extend to 10 years means 1 to 10 years.
Both are different
In minimum 10 years it is 90 days and in upto 10 years it is 60 days maximum custody.
Again repeating no change in new law both are same 167 and 187.
Must be interpreted in the light of Article 21.
@CurrentLegalGK
Custody period Judgmentโ Case: Hyder Ali v.State of Karnataka, 2024
167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More โโ>
Means threshold period of 10 Years.
BOTH ARE SAME NO CHANGE IN NEW LAW.
Reason for the aforesaid issue :
The offence in the case at hand, does not bear a
minimum threshold sentence of ten years, but is extendable or to an extent of ten years, which would mean, discretion available to the concerned Court to impose punishment up to ten years. Therefore, the
minimum threshold is not ten years.
1. 10 or More means Minimum is 10 years.
2. Extend to 10 years means 1 to 10 years.
Both are different
In minimum 10 years it is 90 days and in upto 10 years it is 60 days maximum custody.
Again repeating no change in new law both are same 167 and 187.
Must be interpreted in the light of Article 21.
@CurrentLegalGK
๐9๐ฏ2
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐ฎโโ๏ธ Custody period Judgment โ Case: Hyder Ali v.State of Karnataka, 2024 167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More โโ> Means threshold period of 10 Years. BOTH ARE SAME NO CHANGE IN NEW LAW. Reason for the aforesaid issue : Theโฆ
If you have understood you will be able to answer the following:
Share examples of offences where as per this phraseology 90 days custody can be given.
Share examples of offences where as per this phraseology 90 days custody can be given.
Irretrievable Breakdown of Marriage.pdf
881.1 KB
๐2โคโ๐ฅ1
๐จโโ๏ธ
โจ
Ans. It is clear that the pronoun heโ is not defined anywhere in the POCSO Act. In view of the provision of section 2(2) of the POCSO Act, one must fall back upon the definition of that pronoun as it appears in section 8 of the IPC [ 2(10) of BNS ] Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offences โ regardless of whether an offence is committed upon a child by a man or a woman โ the court must not interpret any provision of the statute that derogates from the legislative intent and purpose.
Interpretation based on legislative intent to protect child from sexual offences and a technical interpretation by refering to the principal act for residuary definition clause.
โจ Section 2(10) BNS-
โgenderโ.โThe pronoun โheโ and its derivatives are used of any person, whether male, female or transgender.
โจ Section 3 of POCSO reads as under:
3. Penetrative sexual assault.โA person is said to commit โpenetrative sexual assaultโ ifโ
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
โจ Question:
Issue: Independent thought v. UoI, 2017 held 375 IPC and section 3 and 5 POCSO in pari materia that is no differentiation then why 'he' in POCSO is different than in IPC/BNS
The essential offence is same in both but 3 and 5 of POCSO is not
limited to the offence of rape.
375 IPC starts with Man and 3 & 5 POCSO starts with Person.
There is no reason why he should not be read as person in 3 and 5 therefore women can be held liable.
Credits: The Question is posed by Shubhi Shubhi.
@CurrentLegalGK
Sundari Gautam v. State of NCT Delhi, 2024โจ
Can a Women be convicted under section 4
Punishment for aggravated penetrative sexual assaultโAns. It is clear that the pronoun heโ is not defined anywhere in the POCSO Act. In view of the provision of section 2(2) of the POCSO Act, one must fall back upon the definition of that pronoun as it appears in section 8 of the IPC [ 2(10) of BNS ] Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offences โ regardless of whether an offence is committed upon a child by a man or a woman โ the court must not interpret any provision of the statute that derogates from the legislative intent and purpose.
Interpretation based on legislative intent to protect child from sexual offences and a technical interpretation by refering to the principal act for residuary definition clause.
โจ Section 2(10) BNS-
โgenderโ.โThe pronoun โheโ and its derivatives are used of any person, whether male, female or transgender.
โจ Section 3 of POCSO reads as under:
3. Penetrative sexual assault.โA person is said to commit โpenetrative sexual assaultโ ifโ
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.
illogical to say that the offence contemplated in those provisions refers only to penetration by a penis.
โจ Question:
Difference between Section 63 BNS earlier 375 IPC and section 3 and 5 of POCSOโIssue: Independent thought v. UoI, 2017 held 375 IPC and section 3 and 5 POCSO in pari materia that is no differentiation then why 'he' in POCSO is different than in IPC/BNS
The essential offence is same in both but 3 and 5 of POCSO is not
limited to the offence of rape.
375 IPC starts with Man and 3 & 5 POCSO starts with Person.
There is no reason why he should not be read as person in 3 and 5 therefore women can be held liable.
Credits: The Question is posed by Shubhi Shubhi.
@CurrentLegalGK
๐8๐1
๐
While reading POCSO I come accross section 2(2) and in particular IPC and CrPC but we all know new laws came.
Then what to do?
Should we refer new laws or not?
Any help from laws other than common sense.
Yes !
Section 8 of General Clauses Act 1897. Construction of references to repealed enactments
Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
@CurrentLegalGK
New criminal laws referencesWhile reading POCSO I come accross section 2(2) and in particular IPC and CrPC but we all know new laws came.
Then what to do?
Should we refer new laws or not?
Any help from laws other than common sense.
Yes !
Section 8 of General Clauses Act 1897. Construction of references to repealed enactments
Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
See the image for Notification and not only for short title but especially for change in section numbers.
@CurrentLegalGK
๐3๐2๐1