๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
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๐ŸŒŸ 246th REPORT ON THE BHARATIYA NYAYA SANHITA, 2023

Adultery should be an offence or not was considered by the standing committee report.

One view: State should not interfere in personal matter (P Chidambaram)
Another view: Sanctity of marriage is protected as it is the 1st Unit of Indian Society.

Practical aspects: The detterance force of punishment will reduce family disputes concerning adultery thereby protecting the future of India i.e. child Right to Family.

Judgments are influenced by changes in law and the object behind the provision therefore we have seen interpretations like "living in adultery" is different from "committing aduktery" for maintenance cases.

Do you know why adultery is still an offence by 2023 order for army personnel?

You can read only the legal aspect here:
https://t.me/CurrentLegalGK/6073


@CurrentLegalGK
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languagebr.pdf
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๐Ÿ•‰๏ธ๐Ÿ‡ฎ๐Ÿ‡ณ History of Major Languages of India

Among the modern Indo-Aryan languages, Hindi and Bangla happen to be the most well-
known languages internationally. Hindi of course has about 49 varieties, and is spread over a vast tract in North India.


Language and their scripts.

I am skeptical about the origin of Aryan and Dravidian concept so just go with the concept instead of terminology.

Read more: https://t.me/CurrentLegalGK/4674

For tricks to learn 22 official language search "official language"

@CurrentLegalGK
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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
s376da-619962.pdf
Punished with imprisonment for life, which shall mean imprisonment for the remainder of that personโ€™s natural life would not take away his right to seek remission in accordance with the Constitution or the statutory scheme as under the CrPC or BNSS and the applicable policy of remission of each State.

Mahendra vishwanath kawchale


                    v.
         Union of India
                2025
...
...
...
Res Integra Questionโ€” prescription of a single sentence under Section 376DA IPC without any alternative sentence being provided and the use of the expression โ€œshallโ€ makes it mandatory on the Sessions Court is concerned, we leave the said question of law open.

My Answer:-
Death penalty was the only option in Section 303 held unconstitutional in Mithu singh. https://t.me/CurrentLegalGK/6777
Can be used here as well because sentence hearing will be of no use here too.

Read more:
https://t.me/CurrentLegalGK/6581

Now there is no diff between LI simpliciter and LI with remainder of persons natural life therefore courts have indirectly made the legal distinction nugatory and a breach of ut res magis valeat quam pareat in the light of the object of sentencing policy and remmission policy.
#BNS@CurrentLegalGK
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๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
https://wbnujscls.wordpress.com/2025/08/28/fragmenting-justice-why-regional-benches-may-weaken-the-supreme-courts-role-as-a-constitutional-guardian/?utm_source=perplexity
Through an empirical study on the justice system in India conducted by Nick Robinson, it was indicated that the number of appeals to the Supreme Court decreases as the distance from Delhi increases

the Bihar Legal Support Society Case, Justice P.N. Bhagwati referred to the opinion of an American judge on the possible fallibility of Supreme Court decisions. Justice Robert Jackson, in Brown v. Allen, had stated, โ€œWe are not final because we are infallible, but we are infallible only because we are finalโ€

It will increase a further stress on Article 141 where SC has the duty to interpret the laws and lay down a clear staire decisis for all courts instead of giving conflicting judgments it settles the res integra.

the author of this article stresses on a good point but again we have seen on major occasions that the quality of interpretation given by HC and SC differs wherin SC outrightly rejects the wrong interpretation and acts as a custodian of constitution, the role of SC is more related to constitution.

Therefore access to justice must be made via technology if it is possible otherwise at least setting up 3 more benches in southward side of India and northeastern side of India.

@CurrentLegalGK
Forwarded from AKR
Was watching Saiyara today and a question came to my mind: suppose Vaani kills Krish with a knife while krish was stopping her going to a person who could harm vaani but as vaani was suffering from Alzeimer she thought krish was the ultimate culprit who came to kill her and in that very moment stabbed Krish knowing very well it will kill krish.

What would be the liability of Vaani?
Electronic_Evidence_with_recent_case_law.pdf
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โœ๏ธ Electronic Evidence case briefs.
Practical and relevant.


Subhendu Nath V. State of West Bengal MANU/WB/0500/2019


โœ“ A breach in the chain of custody or improper preservation of such evidence renders electronic evidence vitiated unreliable in judicial proceedings.

โœ“ Necessary certification under Section 65B of IT Act is also a prerequisite for admissibility of such evidence.

โœ“Even in case of certification, reliability of electronic evidence depends on proper collection , preservation and production in court and any lacuna in that regard would render such evidence vulnerable with regard to its probative value.

#BSA@CurrentLegalGK
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