'BNSS Removed Discriminatory Provision' : Supreme Court Closes Challenge To CrPC Section Which Says Only Male Family Members Can Accept Summons
https://www.livelaw.in/top-stories/bnss-removed-discriminatory-provision-supreme-court-closes-challenge-to-crpc-section-which-says-only-male-family-members-can-accept-summons-262758

So even if a law is still in force and a substitute law has remedied the invalidity then no petition can be entertained for making earlier invalid provision invalid which is still applicable.

The Writ Petition under Article 32 challenged the constitutional validity of Section 64 of the Code of Criminal Procedure 1973 on the ground that it was discriminatory against women by disabling them from accepting summons on behalf of the persons summoned.

3. Parliament, while enacting the Bhartiya Nagarik Suraksha Sanhita, 2023 has incorporated the provisions of Section 66 which addresses the grievance.

KUSH KALRA V. UOI 2024

dismissed petition

#BNSS@CurrentLegalGK

🟰 Mohammed Abdul Wahid v. Nilofer 2021

The Apex Court, through Hon’ble Mr. Justice Sanjay Karol, held that “witness and parties to a suit, for the purposes of adducing evidence, either documentary or oral are on the same footing.”

Accordingly, (i) there is no distinction carved out by the provisions of the CPC between a ‘party to a suit as a witness’ and ‘a witness simpliciter’; and (ii) documents may be produced to confront both a ‘party to a suit’ and ‘witness in a civil trial’ at the stage of cross-examination.

https://disputeresolution.cyrilamarchandblogs.com/2024/01/party-and-witness-on-an-equal-footing-for-the-purpose-of-adducing-evidence-in-civil-suit-supreme-court-clarifies/#_ftn1

#BSA@CurrentLegalGK

Random Thoughts On “Taking Cognizance Of An Offence”

justice v ramkumar
#BNSS@CurrentLegalGK

The enactment of a new law will not obviate the need to adjudicate upon the constitutional validity of Section 124A for the simple reason that any new legislation of a penal character cannot have retrospective effect.

See the stark conflict
https://t.me/CurrentLegalGK/6827

The only difference is that of procedural and substantive law.

@CurrentLegalGK

🌕🌖 Lunar Eclipse | Peak of Blood Moon.

Of course camera could not justify it due to cloudy weather, the colour was really Red.

Today, Learnt the lunar rising point cycles.

👀Myth busted: Unlike Solar eclipse, you can watch Lunar eclipse with Naked Eyes.

Astrophysics is always Amazing 🤩


@CurrentLegalGK

Income Tax Act 2025: Digital Search Powers Raise Privacy Risks - Frontline
https://frontline.thehindu.com/news/income-tax-act-2025-digital-power-data-privacy-risks/article69992742.ece

If you don’t hand over your phone passcode or email password on demand, officials can hack into the device. Any refusal is now explicitly punishable as non-compliance.

This is a radical change. Previously, if a taxpayer’s device was encrypted, authorities resorted to informal pressure or external hacking tools. Now the law itself compels decryption. End-to-end encrypted messaging services like WhatsApp or Signal could be forced open during a tax raid

#Tax@CurrentLegalGK

muslim law prevail over child marriages or POCSO?

Not a settled position of law.

@CurrentLegalGK

Legal due diligence checklist before buying a home in India
https://www.barandbench.com/columns/legal-due-diligence-checklist-before-buying-a-home-in-india

Res Judicata in Criminal Proceedings
https://www.drishtijudiciary.com/current-affairs/res-judicata-in-criminal-proceedings

Actress Navya Nair Fined Rs 1.14 Lakh at Melbourne Airport for Carrying Jasmine Gajra
https://www.deccanherald.com/india/actress-navya-nair-fined-rs-114-lakh-at-melbourne-airport-for-carrying-gajra-why-australia-has-such-rigid-rules-3716932

Australia, is an island nation that is known for its unique plants, animals and ecosystem. As it is isolated, pests and disease that exists elsewhere in the world cannot be found in Australia.
According to Australia's Biosecurity Act, introducing even small amounts of foreign material could damage local crops, spread plant diseases, or threaten native species

Ignorance of law is not an excuse and concept of Mens rea which two landmark cases? mention below 👇

@CurrentLegalGK

The Representation of the People Act already disqualifies legislators upon conviction for crimes carrying a sentence of two years or more. That provision is justified because conviction follows judicial determination of guilt. The 130th Amendment goes further, introducing what may be called a “disqualification by suspicion.” Philosophically, it privileges the appearance of morality over the substance of due process.

Can there be a different class of legislation for Minister and non minister MPs and MLAs? even MPs have a voting power but ministers are also part of executive and even on 38Hrs of cutody bureaucrats are suspended.

130th Constitutional amendment bill.

The main problem is with presumption of innocence is gone forever, we must understand that even ministers are MPs and MLAs and are representative of people merely on suspicion no suspension direct removal that too when 30 days custody is possible when we have a delayed criminal judtice system, the remedy can be a special court MP MLA courts which can speedily try and suspension would be the Right criteria.

#COI@CurrentLegalGK