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πŸ“² Contact β†’ @CurrentLegalGKBOT

πŸ‘¨β€βš– Filtered Information Brings Clarity.

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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Not Mandatory To Obtain Sanction To Prosecute Public Servant For Failing To Report POCSO Offences, S. 19 Contains Non-Obstante Clause: Kerala HC https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-sanction-not-mandatory-prosecute-public-servant…
β€œIt is true that as per Section 42A of POCSO Act the provisions of POCSO Act shall be in addition to and not in derogation of any other case for the time being in force. But Section 42A of the POCSO Act to be read in exclusion of the provision where non-obstante clause is provided, for its applicability…When a non- obstante clause is used specifically in Section 19, as far as Sections 19 and 21 are concerned, Section 42A would not apply, thereby Section 197 of Cr.P.C or Section 218 of BNSS would not have any application to Section 19 r/w 21 of the POCSO Act. The precept of the discussion leads to hold that in order to prosecute a public servant for the offence under Section 21 r/w Section 19 of POCSO Act, sanction under Section 197 of Cr.P.C or under Section 218 of BNSS is not mandatory.”


Dr Ditto Tom P.
v
State of Kerala,
2025


218 BNSS not applicable in POCSO Cases, No sanction afainst public servants required
#POCSO@CurrentLegalGK
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2024112871.pdf
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7. Role of digital evidence in Cyber Crime Investigation
8. Significance of Digital Evidence in Protecting the Intellectual
Property Rights
9. Importance of Digital Evidence in Forensic Investigation
9 The major types of digital forensics
10. Judicial Pronouncements Surrounding Digital Evidence
10.1 State (N.C.T of Delhi) vs. Navjot Sandhu (2005)
10.2 Sidhartha Vashisht @ Manu Sharma vs. The State (NCT of Delhi) (2010)
6 SCC 1
10.3 Unnikrishnan @ Unni vs. The State by Inspector of Police (2011)
10.4 Konnadan Abdul Gafoor vs. The State of Kerala (2015) SCC OnLine Ker
35800
10.5 Anver P.V vs. P.K Basheer & Ors AIR 2015 SC 180
10.6 Tomaso Bruno & Anr vs. State of U.P (2015) 7 SCC 178
10.7 Shafhi Mahommad vs. The State of Himachal Pradesh (2018) 2 SCC 801
10.8 Arjun Panditrao Khotkar vs. Kailash Kishanrao (2020) 3 SCC 216
10.9 Overruling of Judicial Decisions
11. Benefits of Digital Evidence in Legal Proceedings
12. Challenges in Handling Digital Evidence in India
12 Legal Framework

#BSA
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How to get a valuable internship other than those NGO or with research paper ones or just for name sake copy paste content work.

Instead of certificate learn something concrete by practicing advocates and firms.

Ask your doubts practical or academic and enhance your skills.

Tell them you can invest this much hours only
.

For both Graduating and graduated ones


@CurrentLegalGK
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1869420122025-02-24-588355 (1).pdf
πŸ‘ΆπŸ—£οΈ 4 Principles for Child Witness Testimony

πŸ‘¨β€βš–οΈ Case:

State of M.P.
v.
Ramesh

[2011]


1. The evidence of child must reveal that he is able to discern b/w Right & Wrong either by cross examination of defence, by putting questions (165) or by the testimony itself.

2. In case the child explains the relevant events of the crime without improvements or embellishments, and the same inspire confidence of the court, his deposition does not require any corroboration whatsoever.

3. If the tutored part can be separated from the untutored part of testimony and the latter inspires confidence then it can be believed or considered for corroboration as in hostile witness cases.

4. Whether tutored or not can be ascertained from deposition of child.
Only in case there is evidence on record to show that a child has been tutored, the court can reject his statement partly or fully and look for corroboration.

Child testimony is at par with other witnesses if the child is competent to testify, more care must be taken whilst taking testimony as it is susceptible to tutoring.

@CurrentLegalGK
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πŸ“šπŸ›οΈ Interpretation of Article 212 (State Legislature) or 122 (parliament)

πŸ‘¨β€βš–οΈCase:         

Dr. Sunil Kumar Singh
                   v.
Bihar Legislative Council
[2025]

πŸ˜‰ Facts: Ethics committee of Bihar LC expelled one MLC.

πŸ‘¦Issues: Whether writ petition maintainable against ethics committee order and whether judicial review can be exercised?

βœ… Held: Yes

✍️ Ratio Decidendi:
1. The protection under Article 212(1) operates only with respect to the β€˜Proceedings in the Legislature’ on the grounds of β€˜Procedural Irregularities’. It could not have been the intent of the lawmakers to circumscribe Constitutional Courts unconditionally from scrutinising the validity of the actions of the Legislature, which may encroach upon the Fundamental Rights of the members and/or citizens.

2. Proceeding in Legislature:
The procedural steps,debates, motions, amendments, discussions and scruitiny which are not end in themselve but measure to reach outcome. [Immune]

3. Legislative Decisions:
Formal expression of will of house on given matter, authoritative decision after procedural ones.
[not immune]

4. Why not immune?
βœ“ To safeguard and uphold constitution by an action of judicial review.

βœ“ Interpretation Rule:
Expressio unius est edclusio alterius (express mention of one thing is exclusion of another)
Procedings of legislature on the touchstone of irregularity of procedure is mentioned and immune but legislative decisions are not mentioned hence not immune from judicial review.

βœ“ If legislature made rules under Article 208 then this disciplinary action amounts to adminstrative action which though by legislature still it is subject to judicial review if it is unconstitutional, grossly illegal or arbitrary.

πŸ‘Ά Issue:
Can the constituional courts examine the proportionality of punishment inflicted upon member of legislature?

Yes, because in India jurisprudence proportionality is the core to democratic values.

πŸ“‹ Few guiding principles for proportionality to be considered by future courts
A. Degree of obstruction caused by member.
B. Whether crude expressions uttered are deliberate and motivated or a mere outcome of language largely influenced by the local dialect.
C. Previous conduct.

Primary objective of Punishment is to preserve an enviornment of healthy debate in legislature and not retribution and to keep in mind the societal interest, rights of member as well as integrity of house.

βš–οΈπŸ€Ή Multitude application of Doctrine of proportionality

1. Constitutional matters (Rights and restrictions)
2. Adminstrative matters ( Government actions such as black listing contracters, conduct re examination of candidates)
3. Service matters
(Removal/dismissal in private and public workplace)
4. Criminal matters
(crime and punishment)

#COI@CurrentLegalGK
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