Legal Studies Text Book Class XII

CBSE LAW BOOKS
https://t.me/CurrentLegalGK/946?single

Wife Watching Porn, Engaging In Self Pleasure Not By Itself Cruelty On Husband, Woman Retains Her Individuality Even After Marriage: Madras High Court
https://www.livelaw.in/high-court/madras-high-court/madras-high-court-wife-watching-porn-self-pleasure-not-cruelty-286935

Morality v. Legality.

In normal life a human must be morally right, law enters only when there is a dispute.

The limits of Law.

So you won't be called a good human when you say you have complied all the laws but not morality.

@CurrentLegalGK

IPR Law And Atrocities Act: Intersectionality Of Identity Politics And Knowledge Economy
https://www.livelaw.in/articles/ipr-law-atrocities-act-intersectionality-identity-politics-knowledge-economy-286557

🔮 IPR and Discrimination.

Creativity and philosophy starts when your stomach is filled and brain has freedom to think.

For disadvantage groups like SC/ST/OBCs or Racism on the basis of colour creed ethinicty etc.. there was an intangible barrier of discrimination to create something therefore these people must be uplifted and their IP work must be protected (see Art 14)

In the year 2025 SC upheld the decision of BOM HCthat word property under section 15 includes both tangible as well as intangible.

Case Title:
Principal Secretary Government of Maharashtra
v.
Kshipra Kamlesh Uke, 2025


🤝 Section 15A(11)(d) of SC ST prevention of atrocities, Act 1989
It shall be the duty of the concerned State to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as-
(d) to provide relief in respect of death or injury or damage to property;



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NHRC, 25 SHRC, New Chairman, Global Alliance of National Human Rights Institutions (GANHRI)

Paris Principles- It is an internationally set out agreed principles adopted in 1993 by the UN that all NHRI's must meet, to be considered credible. These principles are- mandate and competence, autonomy from government, independence guaranteed by a statute or constitution, pluralism, adequate resources, and adequate powers of investigation.

Compliance of Paris principles is necessary for 'A' Grade Status otherwise NHRC will get 'B' Grade Status.

Instances Where We Can Say NHRC is a toothless tiger.

Some facts:
✓ Human Rights Day is on 10th December (UDHR adoption, in 1948)
✓ NHRC was established on
12th October , 1993
✓ GANHRI has 120 Members.
✓ 13 Members in NHRC as per S. 3 of PHRA, 1993 currently 11 members are present with chairman [Justice V. Ramasubramanian]

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Evolving Standards Of Child Witness Testimony: A Comparative Analysis Of English And Indian Jurisprudence
https://www.livelaw.in/articles/evolving-standards-child-witness-testimony-comparative-analysis-english-indian-jurisprudence-286521

Earlier under 7 years of age a person is not considered competent to give testimony but Uk has evolved almost to the extent of Indian legal system on child witness.

Indian Cases
1. Rameshwar v. State of Rajasthan (1952): The landmark judgment held that child testimony, much scrutinized, does not require compulsory corroboration in the absence of grounds for suspecting tutoring or fabrication.
2. Dattu Ramrao Sakhare v. State of Maharashtra (1997): The Supreme Court once again reiterated that when a child witness appears to be truthful and consistent, the said testimony could alone furnish the basis for conviction.

The core of Child witness testimony is that the judge must see it is not tutored or there is not undue influence or any other external influence or pressure.

If the testimony is found reliable there is no need of corroboration and it can become the sole basis of conviction.

In India section 118 and 119 (competency) of BSA and POCSO (provisions relating to safe environment, reduce trauma etc) delas with child witness testimony.

In a nutshell child is a as competent as and adult sound person and the testimony cannot be rejected on the grounds of AGE.

@CurrentLegalGK

🧠💥 #Tip

Brainstorming is an essential skill.
No it is HABIT of active recalling & being attentive and observing the question and extracting the relevant material information.

But why to do it?
Law students need a big memory, Nah! They need good recalling power your memory is good it is just that you are not ACTIVE 🔥 (it will help in mains a lottttt)

How to master it?

Simple, Don't you solve MCQs Daily?
I believe most of you do, so while solving them firstly use timer of less period ⏳ secondly after solving them here comes your result of test, you haven't achieved something from test, now you have analyse it then you will get something (point out mistakes)

How to Analyse?
Again Simple, Read Every option of Every question whether write or wrong, then if a legal word comes just think of its section so for instance, there is an MCQ on Consideration think of section 2(d) its definition, section 25 and obviously a landmark case law (ratio)+ (decision)

This is how you should recall, it is not about the correct answer it is about why you have arrived to that conclusion this will build your concepts stronger and then no one will be able to shake your concept by complex doubts.

Note: This is a gradual habit and habits take time to speed up....



#Tip@CurrentLegalGK

Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-grabbing-breasts-victim-pyjama-string-attempt-rape-prima-facie-aggravated-sexual-assault-286880

You will find n number of cases on this point.

A thin line of difference between sexual assault and attempt to commit penetrative sexual assault.
if we consider POCSO act.

Attempt of Section 3 and offence under Section 7

It is difficult in some cases.

@CurrentLegalGK

Read facts and develop understanding.

I am sharing herewith the copy of judgment.

akash-and-2-others-vs-state-of-up-and-2-others-allahabad-high-court-

12 Pages Only (with provisions verbatim included)

Hardly 10-15 mins reading

summoning order of trial court modified to lesser gravity of offences

Supreme court rules 2013
Subject to latest amendments
kindly see them from website.

1. Eligibility of AOR examination.
2. Article 145 of constitution of India.

Order 4 Rule 5

7% me mera bhi ek answer hai 😝

Facts:

In the present case, the allegation against accused Pawan and Akash is that they grabbed the breasts of the victim and Akash tried to bring down lower garment of the victim and for that purpose they had broken string of her lower garments and tried to drag her beneath the culvert, but due to intervention of witnesses they left the victim and fled away from the place of incident. This fact is not sufficient to draw an inference that the accused persons had determined to commit rape on victim as apart from these facts no other act is attributed to them to further their alleged desire to commit rape on the victim.


Relied on:

In Rex v. James Lloyd (1836)
"In order to find the prisoner guilty of an assault with intent to commit a rape, you must be satisfied that the prisoner, when he laid hold of the prosecutrix, not only desired to gratify his passions upon her person but that he intended to do so at all events and notwithstanding any resistance on her part".

law point:
Preparation v. Attempt

Remember this is not a judgment and just a modification of summoning order [charges are reduced from attempt to commit penetrative sexual assault to section 10 aggravated sexual assault.]

Decide with your judicial mind if the facts of the case are proved then where u will punish

👨‍⚖️👩‍⚖️

Revision was filed.

@CurrentLegalGK

MOHD. AHMED KHAN
v.

SHAH BANO BEGUM
[1985]

Sharing a detailed summary soon.
Only on @CurrentLegalGK

Magistrate Can't Direct FIR Registration Under S.156(3) CrPC If Complainant Didn't Approach Police Before u/s 154(1) & 154(3) : Supreme Court
https://www.livelaw.in/top-stories/magistrate-cant-direct-fir-registration-under-s1563-crpc-if-complainant-didnt-approach-police-before-us-1541-1543-supreme-court-287059

limitations on judges power.

judge has duty to direct the applicant to go to police and give information for FIR there.

These practical aspects are usually asked in interviews.