Month: October 2023

Freedom of Religion

October 21, 2023 toahostinger No Comments

Freedom of Religion People of Asia are very closely related to their religion. For people religion is everything, they want to follow their religion and live their life with their religious beliefs. What is the Right to Freedom of Religion guaranteed by the Indian Constitution? As India is a Secular country, the word secular is interpreted with different meanings all over the world. So, What is Secularism in India? How it is introduced in Indian Constitution and how it is different from other countries. What is religious freedom according to the American Constitution? How the Supreme Court of India has interpreted Freedom of Religion and what are reasonable restrictions on this freedom? Introduction Religion is deeply connected to the people of Asia. As in the case of India, a country with a history of the oldest civilization having faith in religion. In India people have been followers of their religion since ancient times, they worship their Gods according to their beliefs. India has a vast diversity of people with different religious beliefs. So it is very essential to understand ‘what is religion?’, ‘How it is interpreted in India?’, So that we can understand its freedom and restrictions in the current period what role does the Supreme Court of India play in the protection of these freedoms, and how does the Government control it with reasonable limits? As no right can be provided without any restrictions for its effective enjoyment. So what are reasonable limits concerning Freedom of Religion? How does India with a diversity of people be able to secure its secular status how Secularism is interpreted in India and how it is different from other countries of the world? So to completely understand these questions we need to know what is religion. What is Religion? A belief in the existence of God, who is superior to everything and is the controller of everything in the universe. A person is said to be a follower or believer of a religion who follows the religion in the manner provided by that religion and worships God as per that religion. The word religion is nowhere defined in the Constitution of India and indeed it is a term that is hardly susceptible to any rigid definition. The Supreme Court of India has defined the word religion in its various judgments. In H.R.E vs L.T.Swamiar, the Supreme Court interpreted religion broadly as a matter of faith with individuals or communities and it is not necessarily theistic. A religion may only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies, and modes of worship which are regarded as integral parts of religion, and those forms and observances might extend even to matters of food and dress. Fundamental Right of Freedom of Religion [ Article -25 ] The right is not absolute, this right is subject to public order, morality, health, and the other provisions of Part 3 of the Constitution. Also under sub-clauses a and b of cl 2 of Article.25, the state is empowered by law (i) to regulate or restrict any economic, financial, political, or other secular activity that may be associated with religious practice, (ii) to provide for social welfare and reform, and to throw open Hindu religious institutions of a public character to all classes and section of Hindus. Thus, under Article 25(1) a person has twofold freedom; (a) freedom of conscience, and (b) freedom to profess, practice, and propagate religion. The freedom of conscience is the absolute inner freedom of the person to mold his relation with God in whatever manner he likes. To ‘profess’ a religion means to declare freely and openly one’s faith and belief. • To ‘practice’ religion is to perform the prescribed religious duties, rites, and rituals, and to exhibit his religious beliefs and ideas by such acts as prescribed by the religion. To ‘propagate’ means to spread and publicize his religious view for the edification of others. But the propagation only indicates persuasion and exposition without any element of coercion. Restrictions on Freedom of Religion As no right is absolute, every right is subject to some restrictions. The reasonable restrictions on Freedom of Religion as provided by the Constitution of India are : 1-Religious liberty subject to public order, morality, and health: In the name of religion, no act can be done against public order, morality, and health. Such acts, which fall under these restrictions can not be justified on plea of practice of religious rites. In the name of religion ‘untouchability or traffic in human beings’ can not be tolerated. 2-Regulation of economic, financial, political, and secular activities associated with religious practice: The freedom to practice extends only to those activities which are the essence of religion. It doesn’t cover secular activities that do not form religion’s essence. It is not always easy to say which activities fall under religious practice or which are of a secular, commercial, or political nature associated with religious practice. Freedom to Manage Religious Affairs [ Article 26] : Article 26 of the Constitution of India Guarantees certain rights to the religious denomination of any section of religion. The word Denomination is not defined in the Constitution of India. According to Webster’s Dictionary, it means “Collection of individuals classed together under the same name”. The Supreme Court of India in S.P.Mittal VS Union of India provided three requirements to be fulfilled for being a religious denomination, requirements are: [1] It must be a collection of individuals who have a system of beliefs that they regard as conducive to their spiritual well-being. [2] must have a common organization. [3] It must be designated by a distinctive name. So, what Art. 26 says is that, subject to public order, morality and health every religious denomination of any section of it shall have the following rights: To establish and maintain institutions for religious and charitable purposes, To manage its affairs in matters of religion, To own and acquire movable and immovable…

Death penalty abolition or retention

October 16, 2023 toahostinger No Comments

Death penalty abolition or retention For a long time death penalty has been a topic that is surrounded by controversy also the oldest form of punishment for every era death penalty is considered the most strict and the oldest ancient form of punishment. that have existed capital punishment or the death penalty has always been the most relevant and important topic of debate in India and it should be important to come to light in India this penalty is given in the rarest of rare cases whereas if we look at other countries like the UK. has abolished the death penalty last death penalty was practiced in 1964 in the UK it was not easy to abolish the death penalty in the UK but they finally managed to do that whereas in India last execution was performed in 2020 March in the Nirbhaya case. Introduction Society is made of two-component crime and criminals which has resulted in a disturbance in social peace and community is getting disturbed by the crime and criminals to deal with such issue government come with a punishment sentencing that should be in correspondence with the crime done by the individual means the nature of punishment should be equal to nature of the crime. In the case of Suraj Ram versus the state of Rajasthan, the supreme court held that the state should consider the rights of criminals while awarding sentences to be fair but the state should also consider we can to get justice further court elaborated that the purpose of sentences the criminal should never be and unpunished and Victim should never be unsatisfied. The most controversial punishment is the death penalty or capital punishment J.R.R. Tolkien said many that live deserve death and some that die deserve life. Background Death punishment is been practiced over the centuries in the 18th century BC King Hembury of Babylon performed capital punishment for 25 different crimes during the Mughal Era barbeque method also put offenders to death even the British use to used the hanging method to punish the offenders 14th century BC Kohli used this penalty in the 17th century this penalty was made for all kinds of crime by BC decorate Athens. Also, Captain George Candle in the Jameson colony of Virginia in 1608 was first executed for spying on Spain in 1612, the death penalty was given even for minor crimes. Retention versus abolition debate Many people believe that they do not believe in capital punishment as it takes the life of a person which cannot be taken by anyone except God some believe that the penalty is the only solution to teach a lesson to criminals who perform severe crimes there were so many aspects of both abolitions somewhere promoting the moral values and ethics in favor to abolish the capital punishment others were looking in the theory of deterrence to provide justice to society and victims by hanging. Theory of deterrence In the view of abolitionist abolished the person who commits a crime like murder or rape is not in his senses while performing such moment he remains in the inactive state of mind and he is not aware of what he is doing and what could be the consequences while performing such as he is lost in the wave of emotion, giving death penalty cannot do justice to him, moreover it can also not decrease the crime rate death penalty is an unnecessary act. whereas receptionists said that fear of death is a deterrent if a person is in fear of death then he will think twice before committing some serious or any kind of crime, the punishment provides justice to the victims and stops the crimes that could happen in the future. Crime rate Abolitionist argues that the penalty has no direct or indirect connection with crime rates this is just a custom or a procedure that is followed by the government it does not result in a decrease in the crime rate of the country this argument was taken from the study of theologist Stallin he in his study after collecting the data from the United State of America concluded that that penalty is just a custom it has no role in decreasing the crime rate. Retentionists have the opposite view According to them capital punishment or death brings fear in the mind of the person who is thinking of committing any kind of crime does it directly or indirectly reduce the crime rate Professor Isaac in his article pointed out some loopholes in the study of Stalin according to him the work of Stallin’ neither develop nor tell the full range of implication. Society’s rights Abolitionist stated that no one in the society has right to award death to any person the kind of punishment it can only be done through the act of God also Death punishment somewhere harm the human rights of the person whereas retentionist argued that since the right to death is only can be done through the God not through any person but to provide justice to the victims and the society accused must be punished in a fair way and with the fair punishment which is equal to his crime like murder rape terrorist attack cannot be tolerated and accused must be punished to death. Retention in India Dead penalty in India has been practiced for a very long time from the Mughal Era to British rule used to punish with capital punishment British applied the death penalty under the Indian Penal Code 1860 in 1931 on 27 January question of the abolition of capital punishment was raised by the Mr. Gaya Prasad Singh however this motion was rejected later Mr. Mukund Lal Agarwal introduced a bill of the abolition of capital punishment on August 23, 1956, in the first Lok Sabha of the republic of India it was later rejected but the discussion continued and topic of cropping down this punishment continued later in 1962 a resolution was passed…

Criminal Law, Indian Constitution, Indian Penal Code, Law

Divorce Under Hindu Marriage Act 1955

October 14, 2023 toahostinger No Comments

Divorce Under Hindu Marriage Act 1955 Divorce was not a concept that existed in ancient times. They viewed marriage as a sacred institution. Manu asserts that a husband and wife are inseparable and their marital bond cannot be severed. Later, the idea of Divorce entered the scene and became commonplace as a way to dissolve a marriage. The Arthashastra states that a marriage can end if both parties want to do so and that it should be an unauthorized union. Manu, however, rejects the idea of the dissolution. Manu asserts that the demise of either spouse is the only way to end a marriage. The Hindu Marriage Act of 1955 introduced the clause relating to the idea of Divorce. Divorce is referred to as the dissolution of a marriage in the Hindu Marriage Act. The marriage or married connection must be protected from all harm for the reasons outlined by law for the benefit of society. Only grave circumstances allow for Divorce; all other circumstances offer an option. Grounds of Divorce under the Hindu Marriage Act, 1955 Based on Section 13(1) of the Hindu Marriage Act, any of the displeased spouses can go to court and demand a Divorce with the culpability theory of the law. Only the wife can apply to the court for a Divorce under the conditions outlined in Section 13(2). 1. Adultery In many nations, the idea of adultery may not be viewed as a crime. However, according to the Hindu Marriage Act, adultery is one of the most significant grounds for Divorce when it comes to matrimonial offenses. Adultery is defined as consensual and voluntary sexual activity between a married person and another member of the opposite sex, whether they are already married or not. If the marriage of the husband and his second wife is deemed to constitute bigamy, even their sexual relations are grounds for adultery. The Marriage Laws Amendment Act of 1976 added the idea of adultery to the Hindu Marriage Act. In Swapna Ghose v. Sadanand Ghose In this case, the wife found her husband with another girl lying on the same bed and the neighbor also confirmed that the husband had committed an offense. Here the wife gets the Divorce. 2. Cruelty Both mental and physical cruelty are included in the concept of cruelty. The term “physical cruelty” refers to when one spouse physically harms or beats the other spouse. Physical cruelty can be easily identified, while mental cruelty is more difficult to define. What is considered as Mental Cruelty against Husband by wife: Humiliating the husband in front of his family and friends. Making false allegations against him. Wife having affair. Wife living an immoral life. The constant demand for money. Aggressive and uncontrollable behavior of Wife. Ill-treatment to the husband’s parents and family. 3. Desertion Desertion is when one spouse is permanently abandoned by the other without their consent or any justifiable excuse. Generally speaking, when one side refuses to accept the responsibilities of marriage. Essentials abandonment of the other spouse forever. rejection of the marital obligation. without any justifiable basis. no agreement from a second spouse. 4. Conversion The other spouse has the right to petition the court for a Divorce if one of the spouses changes his or her religion without the other spouse’s consent. Illustration A, a Hindu, has two kids and a wife named B. Without B’s permission, A went to church one day and decided to become a Christian. Now B can go to court and ask for a Divorce based on A’s conversion. 5. Venereal Illness According to this theory, a sickness that is contagious and can be passed on to the other spouse qualifies as a legal reason for Divorce. Illustration On September 9, 2011, A and B got married. A later developed an untreatable venereal illness. If B lives with A, there’s a chance she could contract the sickness as well. B may now apply to the court for the dissolution of their marriage. Divorce with Mutual Consent as an Idea By mutual permission of the parties, the individual may submit the Divorce petition by Section 13B. The parties must wait one year from the date of marriage if they desire to end their marriage by mutual consent. Conclusion There are several provisions surrounding Divorce in the Hindu Marriage Act of 1955. “Divorce as a Dissolution of Marriage” is defined under the Hindu Marriage Act. According to this view, a marriage may be dissolved if one spouse is guilty or liable for a crime that falls under the category of matrimonial offenses. The innocent spouse is entitled to Divorce as a remedy. Written By:- Sonu Kumar

Indian Constitution

Child Labour

October 13, 2023 toahostinger No Comments

Child labour Though it is believed that Children are the incarnation of God the reality seems to be different. In today’s world, one can easily observe the exploitation of Children anywhere. Child labour is the term used to describe the involvement of Children in any type of economic job that can even ruin their happy Childhood and hamper their education, learning and skill development. Child labour exposes Children to harsh exploitation, trapping them in a cycle of poverty, illiteracy and deprivation. It snatches all the opportunities for a Child to be successful. It may also force him to use unethical and unlawful methods. In our daily life, there are innumerable instances of Child labour that we may see. Even many of us are encouraging this practice in one way or another. The inevitable reason behind this is poverty. A Child is forced to work to earn decent wages to survive due to poor living conditions. As the Children‘s needs and wants are not as much as compared to an adult and because of their naivety, businessmen and factory-owners can simply hire them as a labourer at very low wages. History It is not a brand-new concept. Its origin dates back to ancient times, as the exploitation of Children as slaves was also recorded in the Arthashastra of Kautilya. Children used to work in fields in rural and agricultural areas to help and support their families by sharing the family burden. This phenomenon was suddenly sparked by the industrial revolution in the 18th century which resulted in the employment of many Children in economic and productive jobs. Causes of Child labour Following are the main causes of Child labour:- Poverty- Child labour is primarily caused by poverty. It forces innocent Children to participate in such economic activities where they must work to support their families and ensure their survival. A Child gets caught in poverty’s vicious cycle along with other factors like illiteracy. Lack of Education Another significant factor contributing to Child labour is illiteracy. Many Children are denied access to their basic education despite having a fundamental right to it under 21A of the Indian constitution. In many villages, parents choose to have their kids working in the field rather than sending them to school which makes it difficult for them to learn fundamental concepts and develop their skills. As a result, they are unable to find better employment opportunities in the future. Lack of general awareness While being employed, Children are unable to explore their world. They lose their joyful Childhood. Generally, Children who live in rural or backward areas are unaware of their rights i.e. right to education, etc. and start to earn from an early age instead of studying and learning. Uneducated parents are also unaware of welfare schemes initiated by the government for the welfare of Children. Social Backwardness Socially and economically backward families are unable to send their children to schools. The cost of their Children’s education is beyond their means. Consequently, Children remain trapped in this cycle. Preference for cheap labour Due to their innocence and lack of fantasies, Children readily agree to work for extremely meagre wages. Greedy employers, shopkeepers, business owners, etc. employ Children because they have to pay less. In search of cheap labour, they prefer to employ more Children. Non-compliance of laws Children have several rights under the law, such as the right to education and the government is also required to frame its policies to ensure that its citizens’ health and education come first. Several laws are also created to outlaw certain practices, but their enforcement fails to accomplish the intended results due to poor compliance. Family Tradition The sad bitter truth is that some families pass on Child labour as a tradition or habit, which is influenced by cultural and traditional family norms. many families believed that a good life was not their destiny and the tradition of labour was the only means of their subsistence. They also think that this will make their children more responsible and wiser in the future. Small business owners also destroy the lives of their Children in their shield to continue their family business with lower production costs. Additional reasons for Child labour People frequently migrate from place to place in search of better jobs and other necessities. They have no option of sending their kids to school rather they prefer them to work to earn some living. Constitutional provisions regarding the welfare of Children Six essential fundamental rights are guaranteed by our Indian constitution which is enshrined in Part III also referred to as the “Magna Carta of Indian Constitution”. The right against exploitation (Art. 23 & 24) is one of these rights. According to Article 24 of the Indian constitution, no Child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment. Earlier it was only directive principles for the state to design its policies and programmes in such a way that Children‘s health and education received enough attention and sufficient priority under Articles 39 & 45 respectively. Later on, a new Article i.e. Article 21A(Right to Education) was inserted by the 86th Constitutional Amendment Act, 2002 which made it a fundamental right in itself along with being one of the DPSPs. Article 21A reads that the State shall provide free and compulsory education to all Children of the age of six to fourteen years. Legislative Provisions for the Prohibition of Child labour Since the country’s independence, the government has taken several actions to stop the practice of Child labour. The Gurupadswamy committee was appointed in 1979 by the central government to submit its report regarding the causes of Child labour and essential ways to eliminate it. The committee found that the main reason behind Child labour was poverty. Based on its findings and reports, the central government enacted the Child Labour (Prohibition and Regulation) Act,1986 which prohibited the engagement of Children up to fourteen years…

Breach Of Human Rights

October 8, 2023 toahostinger No Comments

Breach Of Human Rights Here we talk about human rights, all human beings are born free and equal in dignity and rights. In these Human rights, some rights are also included as the rights to life and liberty, freedom of opinion and expression, right to freedom of speech right to work and education, and many more. Every human being has these rights by birth. In India, every citizen of the country has six fundamental rights by birth which are given by the constitution. And no one has the right to breach someone’s rights. But somewhere, in today’s time period, many kinds of cases exist in a society where people of the minority are restrained by the majority to freely live their lives and enjoy their rights. Introduction When we talk about human rights, we should know about what is human rights and how many kinds of rights human beings have. Every human being has 30 kinds of human rights which are defined by the Universal Declaration of Human Rights. Fundamental rights are also included which are given by the constitution of India to every citizen of India. Fundamental Rights Right To Equality The right to equality (Articles 14 to 18 ) prohibits inequality on the basis of caste, religion, place of birth, race, and gender. It ensures equal rights for all citizens. Right To Freedom These rights (Article 19,20,21A,22 ) are freedom of speech, freedom of expression, and freedom of movement throughout the territory of our country. Right Against Exploitation Right against Exploitation (Articles 23 and 24) concerns human trafficking. Cultural And Educational Rights (Articles 29 and 30 ) Cultural rights protect the rights of cultural religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc. Right To Constitutional Remedies The right to constitutional remedies (Articles 32 to 35 ) empowers the citizens to move to a court of law in case of any denial of the fundamental right. The Preamble Of The Constitution Of India also mentions these factors like, justice, Liberty, Equality, and Fraternity to secure all its citizens. But nowadays we can see in some places minorities‘ rights are violated by the majority. like In some places people of scheduled caste and scheduled tribe are restricted from going to religious places by uppercast people There are lots of cases like these in India, including the whole world. Background When we go into the debate on this kind of topic or subject, landmark judgments play a wide role in understanding the history behind it. These judgments opened up the scope for changes in the context of the future. A recent hijab ban case and a meat ban case are some of them. In these two cases, minorities claimed that their fundamental rights were violated by the majority & authority of India. AISHAT SHIFA VS. THE STATE OF KARNATAKA & ORS. On January 1, when some Muslim students of a college in Karnataka’s Udupi were not allowed to attend classes wearing a hijab as the dress was against the prescribed, norms of the college. In this case, Karnataka High Court bench gave references to many landmark judgments where the word ‘ SECULAR ‘ has been defined. The word Secular means that the citizens have complete freedom to follow and practice any religion. The word ‘ SECULAR ‘ after being added in the preamble was also considered but a three-judge bench judgment of this court reported as Ziyauddin Burhanuddin V. Brijmohan Ramdas Mehra & Ors. This court was considering an appeal against the setting aside of the election of the appellant under The Representation Of People Act, 1957 to the Maharashtra state assembly on the grounds of speeches made by him in the course of the election campaign The term ‘SECULAR’ was also considered by a nine judges bench of this court reported as R Bommai & Ors V. Union Of India & Ors. The court held that the practice of wearing a hijab constitutes an essential religious practice but did not quash the CBSE rule. In this context, Muslims also gave references to the Quran’s Ayah in which the importance of hijab is mentioned. The Quran says “ And not display their beauty except what is apparent and they should place their khumur over their bosoms ’’ (24:31). ‘Khumur means the veil covering the head ’. The second verses is “ O Prophet, say to your wives, your daughter, and the women of the believers that they should let down upon themselves their jalabib.’’ (33:59).’ jalabib means a loose outer garment, as wide dress.’ Meat Ban Case The recent controversy over a ban by a local mayor on selling Meat Over nine days during a Hindu religious festival in India’s Capital is illegal and violates the constitution, our research found. similar attempts made over the last decade in five other states have been struck down by the courts. The ban is, essentially, some argue, a majoritarian writ. the people of the minority said that this act violated their fundamental right, the right to freedom which is inherent in (Art. 19, 20, 21& 22). Observations Of Breach Of Human Rights All human beings have human rights which ensures freedom for all human beings in an equal manner. when we talk about equality before the law it’s required to ensure equality to every citizen in an equal manner. the word ‘ SECULAR ’ mentioned in the Preamble Of India defines India as a secular country where every citizen has the right to follow their religion freely and they are free to practice any religion. The people should also know this thing that when they talk about their fundamental rights they should also respect another ‘s rights. Conclusion The debate on this subject concluded that the Breach of human rights is an infringement of the Constitution. Where there people of the country have no right to freedom then, that state becomes a tyrant….

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Human Rights, Indian Constitution

Alternative Dispute Resolution In Criminology

October 7, 2023 toahostinger No Comments

Alternative Dispute Resolution In Criminology This article deals with one of the significant applications of alternative dispute resolution (ADR) strategies related to criminology. ADR is often associated with civil law, although more recently there has been increased interest in its potential use in criminal justice systems. it looks at how various alternative dispute resolution techniques are used in criminal law, including plea bargaining, diversion programs, mediation, and restorative justice. References It examines how alternative dispute resolution can speed up the disposal of cases, reduce the case backlog, and promote the accountability of offenders, as well as the advantages and disadvantages of its adoption in the criminal justice system. The study also examines the ethical issues and limitations of alternative dispute resolution in criminal situations, specifically, this article provides insight into the effectiveness of ADR approaches, their impact on victims, and the potential for reconciliation and healing in the criminal justice system. Current research and case studies. it encourages further exploration of alternative dispute resolution’s potential to promote justice and heal communities harmed by crime, contributing to the ongoing conversation about non-adversarial approaches to dispute resolution within criminology. Introduction The power lies with Civil Courts to refer cases for alternative dispute resolution like judicial settlement, arbitration, conciliation & mediation by Lok Adalats under Section 89 of the Code of Civil Procedure. unlike civil disputes, the scenario is different in the criminal environment and the distinction is expressed as follows: “Restorative” justice, which views crime as a violation of one person’s rights by another person and believes that justice in a criminal context should emphasize compensation for the victim’s harm, is represented in the criminal context by ADR. alternative dispute resolution in the criminal context includes the concept of reparation in the context of transitional justice, which may not be present in civil Restitution is constructive action taken by the offender on behalf of the victim and society, which may include monetary compensation, community service, etc. In a civil context, compensation is only part of a court In civil situations, an ADR is confidential and a matter between the parties only, but in criminal cases, some case laws require that the final decision be made public by the However, as shown in the precedent case of Afcons Infrastructure and Ors. V. Cherian Varkey Construction & Ors, the Indian criminal justice system was not open to the idea of including the option of mediation. Inclusion Of Plea Bargaining Used effectively in many jurisdictions around the world, plea bargaining can be described as a pre-trial agreement between the prosecution and the accused in which the accused pleads guilty in exchange for certain concessions made by the prosecution. as the following judgments show, the Supreme Court has not always supported the inclusion of plea bargaining in Indian criminal law: Hon’ble Supreme Court in Muralidhar Meghraj Loya The state of Maharashtra rejected the idea of plea bargaining as it violated the fundamental right of a person accused of a crime not to be compelled to testify against himself. Kasambhai State of Gujarat and Kachia Patel Shantilal Koderlal Vs. In the State of Gujarat and Anr, the Supreme Court while condemning and condemning the plea deal accepted by the Magistrate held that plea bargaining is against public policy. According to the court, plea bargaining is an ultra virus of society and even the Constitution. It can also encourage collusion and corruption and taint the pure fountain of justice. Thippeswamy Vs. In the State of Karnataka, the Court held that it would be contrary to Article 21 of the Constitution to induce or induce an accused to confess to a crime in return for a promise or assurance. The Criminal Law Amendment Act, 2005 enacted in response to the 154th Law Commission Report paved the way for introducing Chapter XXIA, Sections 265 A to 265L of the Criminal Procedure Code, 1973 (CrPC), including plea bargaining. Concept as an alternative to the normal process of resolution of disputes by courts. Plea bargaining is allowed in situations where the maximum penalty is seven years in prison, the crime has not adversely affected the socio-economic status of the nation and the victim is not a woman or a child under the age of fourteen. Sections That Recognise The Concept Of Settlement The rules of procedure to be followed by the court in case of mutually satisfactory disposition are laid down in Section 265-C. The court will serve the interested public prosecutor, the investigating officer of the case, the victim of the case, and the accused to attend the meeting to find an acceptable solution to the case filed on the basis of the police report. In case of a complaint, the court only gives the statement of the accused and the victim. The procedure for preparation and submission of a report on mutually satisfactory settlement Is regulated in Section 265-D. However, two situations can arise here: If the court prepares a satisfactory settlement report at the hearing held under section 265- C, it must be signed by the presiding judge and every other participant, if If there is no resolution, the court continues the trial of the accused in accordance with the provisions of the Criminal Code while filing a motion in accordance with paragraph 1 of Article 265-B. Domestic Courts Perspective The following judgments show that the courts recognized the idea of ADR procedures after the establishment of plea bargaining in Indian criminal law: Gian Singh Vs. In the State of Punjab, the Supreme Court held and accepted that an out-of-court settlement was the result of the High Court exercising the legal power conferred on it by Section 482 of the Code of Criminal Family disputes where the wrong is primarily private or are of a personal nature and the parties have settled their dispute” are also exempted from this rule. In these situations, the High Court has the power to stay the criminal proceedings if it determines that the offender and the victim have reached a full and final compromise…

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Month: October 2023

Freedom of Religion

Death penalty abolition or retention

Divorce Under Hindu Marriage Act 1955

Child Labour

Alternative Dispute Resolution In Criminology

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