theoryofabrogation

Opening Hours Mon - Sat 09 : 30 am - 8 : 00 pm

+91 9971399324

+91 8840961324

[email protected]

13, Chand Complex, 4th Floor, Okhla Main Market, Okhla Head, Jamia Nagar, New Delhi- 110025

Menu
Register For New Batch

Blog

Domestic Violence

Posted on By toahostinger No Comments on Domestic Violence

History In the beginning of the 1800s, in English common law wife beating is considered as a men’s right. It is considered a  ritual amongst society but with time in the 16th century, this is considered as a crime not only against women but against society as a whole. It was termed as a breach of the peace in that society. So to curb this problem English common law introduced some laws i.e. to furnish a bond by the husband and to stake pledges from his associates for peaceful life and good behavior in the future. In terms of the sentences, it was only pity fines. A great change has been seen during the American Revolution, many of the American colonies made laws in favor of women and coined the domestic violence system a heinous crime against the liberty of women. Transfer of the local justices to the state courts. Taking a course of the same by the judicial system rather than the legislatures of the state. Setting up the precedent in domestic violence cases are some of the things that took place in that era. The major change took place when the political agitation of the feminist movement begin to take place in the 19th century. This forces the political system of that era into opinion and legislation. related to domestic violence within the US, UK, and other countries. • In the year 1850 Tennessee a state in the US become the first country to make wife beating illegal and penalized strong punishment for the same. Gradually this thing followed by other states also. — In the year 1878 UK matrimonial causes act was passed which gave a right to the wife to get separated from an abusive husband. • In the early 20th century a change was also seen amongst the court in these cases whenever these types of cases comes into the court. The Judge imposes a harsh punishment against the husband’s perpetrator. But when the situation is the opposite the same thing deals with leniency by the court. Even then in most of the legal systems around the world, the issue of domestic violence was highlighted from the 1990s onward. In most countries, there were no protection no laws for the security of women in cases of domestic violence. Keeping in view this thing in 1993 the UN published some strategies for confronting domestic violence: A resource manual. By this, they are urging the countries to treat domestic violence as an unlawful act. But the scenario was not as thought as many countries at that time so this was out of the scope of the law. Physical discipline of the children and chastisement of the wife is considered as one of the necessary things. As far as India is concerned there are various forms of domestic violence act has been seen i.e. honor killings, dowry deaths, and forced marriages. In the year 2005 efforts were being made to curb the issue of domestic violence and in response to this the protection of women from domestic violence act has been passed. TYPES OF DOMESTIC VIOLENCE There are various forms of domestic violence engraved in the laws some of these are:- Physical abuse One of the most prominent abuse is considered physical abuse where the victim is in constant fear of bodily pain, injury, other physical suffering, or bodily harm. Due to this the growth of her mental and physical state stuck. Another thing that took place is an acid attack in which the attempt is to damage the face and the body of the victim which also result in blindness and permanent scaring of the female. As far as India is considered most of the domestic violence cases come after the women get married and the husband or the family members of the husband are dissatisfied over the dowry demands that result in continuous physical abuse of the women and some cases the killing of the women. According to the National crime records bureau in the year 2011 around 8618 dowry deaths were reported in India but the official figure is far bigger than this amount. Sexual abuse It is defined as abuse that humiliates, degrades, or hampers the dignity of women in general. Majority of the sexual abuse is considered marital rape but this is not outlawed in many countries. Marital rape is only hit when the victim is under the age of  15. Besides this, in many cultures, the victim of rape is considered a shame and disgrace to the family. If the victim got pregnant then her life ended up by her family members. When it comes to marriage in some cultures there is an obligation that the woman is only to bear the children of the husband if it is found out that the woman is using birth control then she has to face the constant fear and threats in society this practice is mostly common among the people of Ghana. Verbal and Emotional Abuse In domestic violence cases, the first thing that a female has to face is verbal abuse by her spouse and in some cases by the family of the spouse. When it is intermixed with emotional abuse the situation got worse. The environment of this led to emotional and mental trauma to the female which ultimately hampers her mental strength. WHO termed it as the most common way of abuse in all the societies of the world. It includes minimizing threats, isolation, public humiliation, criticism among the masses, personal devaluation of the image, coercive control over one’s affairs, and stalking. This led to increasing chances of depression which can lead to suicide, drug and alcohol abuse, etc. Economic Abuse This is a form of financial abuse in which one intimate partner has overall control over the economic resources of the other partner. The assets are used as a means of control. Economic abuse includes limiting what victims may use or exploiting the resources used to support the daily…

Read More “Domestic Violence” »

Criminal Law

Capital punishment in India and its various forms

Posted on By toahostinger No Comments on Capital punishment in India and its various forms

The “Death Penalty” or “Capital Punishment” is the harshest punishment a society or democracy can impose in order to uphold law and order. But murdering another human being in the name of justice is just as bad. We should focus on stopping the crime, not on the perpetrator. We should amend the law to ensure law and order so that everyone can live in harmony with one another because “Life is valuable, and death is final.” According to the UN, murdering a person for the sake of justice also results in the death of humanity. Nobody has a right to determine that who will live or who will dies, but God has the power to determine who lives and who dies. rather of putting someone to death by hanging, we ought to use a different tactic known as the reformative technique so that the offender can change for the better and continue to live in peace. Introduction ‘Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence.””. It is the Criminals who must be punished by the state in order to keep society’s law and order. The capital punishment is the judicially ordered execution of a person who has broken a specific law. The legal term “death penalty,” which is recognised by the government, refers to a person being put to death by the state as punishment for the crime he committed Execution of a death sentence is referred to as “execution,” while a death sentence itself is referred to as a “death sentence” Every time a court imposes a sentence, it does it in accordance with a theory or a premise. These beliefs, which go by the name “Theories of Punishment typically fall into one of five categories: The deterrent theory Restructuring Theory Theoretical Precautions Theoretical Retribution The Expiation Theory In the United Nations (UN), where the death penalty is viewed as a violation of human rights, the phrase “Abolition of Death Penalty” is one of the most frequently discussed themes. The Reformative Theory of Punishment was given more weight by the UN than the Deterrent Theory of Punishment. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna Iyer made This remark: “The specific cause must relate, not to the crime, but to the offender. Criminal not deserve the death penalty. Acc.to ABDUL KALAM :- “Avul Pakir Jainulabdeen Abdul Kalam said, ” We are all the products of God. I’m not convinced whether a human-made mechanism is capable of ending a life based on fabricated evidence. – The legality of the death penalty in India under Constitution The question of the death penalty has long been divisive everywhere in the world. The death sentence is applied in India for the most serious, heinous, and egregious offenses, such as murder, war against the government, etc., according to the Indian Penal Code. Article 21 of the Indian Constitution states that everyone has the “right to life,” which shall not be denied to anyone. The president has the power to exercise mercy when the death sentence is involved. The President of India has the power to commute, alleviate, postpone, or otherwise alter a conviction for the death penalty under Article 72 of the Indian Constitution. Once a person has been found guilty and sentenced to death, Article 72 of the Indian Constitution gives the President the authority to commute, relieve, postpone, or otherwise modify a death penalty conviction. Once a defendant has been found guilty and given a death sentence so the President has power to dismiss the death penalty Once a criminal has been convicted and sentenced to death, Case laws Jagmohan Singh VS State of Uttar Pradesh[1]– The Supreme Court in this case rejected the claim that the same violated Article 19 of the Indian Constitution, which protects the “right to life.” Rajendra Prasad VS State of U.P It was emphatically emphasised by Justice Krishna Iyer that the death sentence is against Articles 14, 19, and 21. Bachan Singh VS State of Punjab– One year after Rajendra Prasad v. State of U.P the same case set as a  The Supreme Court  reversed the ruling in the aforementioned case by vote of 4:1  by Justice Bhagwati. there was argued that the term is “public order” designed in Article-19(2) to Article-19(4) is different from “law and order” and also introduced the principle of award with  death penalty in “rarest  cases,” despite the facts that it violation Articles 14, 19, and 21. The Supreme Court acknowledged Article 21 as the State is authority to take someone’s life. The Delhi gangrape case, which requested the guilty be given the death penalty, Machchi Singh VS State of Punjab– The Supreme Court established guidelines for whether the death penalty may be applied, taking into account the crime’s gravity, victim’s type, and whether it was committed in social anti-social manner in Capital punishment. Kidnapping that does not result to death– “• Aggravated murder: According to Section 302 of the Indian Penal Code, 1860, this crime carries a death sentence.[5] Treason – A person who attempts to overthrow the government or aids members of the armed forces in doing so may get the death penalty. Offences related to terrorism that don’t result to death– Use of explosives that can cause explosion and threaten life/cause damage to property. For instance, Muhammad Afzal was hanged on February 9, 2013, in retaliation for the attack on the Indian parliament in December 2001, which saw five men carrying bombs kill nine people. Rape that does not result to death – Under the Criminal Law Act of 2013, a perpetrator who causes harm during a sexual assault that results in the victim’s death may be executed. As a result of the Delhi gangrape case, gang rapes are now also punishable by the death penalty. According to the 2018 Criminal Law Ordinance, anyone found guilty of raping a child younger than 12 years old faces a death sentence or a…

Read More “Capital punishment in India and its various forms” »

Criminal Law

JPSC Recruitment 2023: Apply for Civil Judge Vacancies

Posted on By toahostinger No Comments on JPSC Recruitment 2023: Apply for Civil Judge Vacancies

Introduction: In a stride towards enhancing its judicial system, the Jharkhand Public Service Commission (JPSC) has unfurled an unprecedented opportunity for legal aspirants with its JPSC Recruitment 2023 drive. This significant announcement beckons individuals with a passion for justice and the law to step forward and become a part of the esteemed Jharkhand Judicial Service as civil judges. This comprehensive recruitment initiative, marked by its focus on inclusivity and equitable distribution of vacancies, aims to fill over 100 Civil Judge (Junior Division) positions. Aspiring legal professionals can seize this chance to contribute to the legal landscape of Jharkhand and uphold the principles of justice. Summary of Key Points: Recruitment Drive: The JPSC Recruitment 2023 drive stands as a gateway to civil judge positions within the Jharkhand Judicial Service. Vacancy Landscape: A total of 138 Civil Judge (Junior Division) positions await the adept and qualified candidates. Application Timeline: The application window, a critical avenue for aspirants, spans from August 21 to September 21, allowing prospective candidates to present their credentials and aspirations. Equitable Distribution: JPSC, in an appreciable move, has allotted vacancies meticulously across various categories to ensure equal opportunities for all. General Category: 60 posts Scheduled Tribes: 28 posts Scheduled Castes: 12 posts Backward Class: 10 posts Extremely Backward Class: 15 posts Economically Weaker Sections: 13 posts Eligibility Pinnacle: Aspiring candidates must possess a graduate degree in Law from a recognized institution and stand as enrolled advocates, embodying their commitment to the legal profession. As the recruitment beckons, prospective candidates must align their qualifications and aspirations with the stipulated criteria and embark on this promising journey toward judicial excellence. Conclusion: In conclusion, the JPSC Recruitment 2023 presents an extraordinary canvas upon which legal aspirants can paint their professional destinies as civil judges within the Jharkhand Judicial Service. The announcement, characterized by its holistic approach, not only opens up a multitude of vacancies but also embraces diversity and inclusivity through a well-structured distribution. Prospective candidates are urged to diligently review the eligibility prerequisites and adhere to the prescribed application timeline. By visiting the official website, jpsc.gov.in, candidates can unearth comprehensive guidelines, ensuring a smooth application process. As the legal fraternity witnesses this watershed moment, the path is paved for qualified and passionate individuals to don the robes of justice and contribute to the legal system of Jharkhand. As the application window opens from August 21, the aspiring civil judges have a narrow yet crucial window to seize this opportunity and play their role in upholding the rule of law. The JPSC Recruitment 2023 stands not only as an invitation to join the ranks of the legal profession but also as a testament to the state’s commitment to a just and inclusive judicial system.   Our classes benefits are: 1. Complete guidance for Judicial services examinations 2. Daily live sessions, recorded lectures and notes. 3. Topic wise test based on Judicial Services’ pre and mains pattern. 4. 15 days legal updates 5. Including Judgement writing To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 88409 61324

Recruitment

Natural Justice in relation with Indian Constitution

Posted on By toahostinger No Comments on Natural Justice in relation with Indian Constitution

Natural justice is a ubiquitous issue of secular law, a non secular touch that enlivens regulation, management, and justice and makes fairness a creed. Ideas are not defined or stipulated in any criminal code. Natural justice has meant a lot to many authors, lawyers, and felony structures. It is available in many colors and sun shades and comes in lots of shapes and bureaucracy. Introduction In India, the constitutional precept of natural justice is emphasize Article 311 embodies the proper to a truthful listening to as a essential principle of herbal justice. In step with Article 19 paragraphs 2 to 6, appropriate regulations of business and commercial enterprise regulation can be imposed, consisting of procedural regulations. determining the validity of reasonable barriers, courts have referred to the precept of natural justice. Our duty of fair conduct is a part of the due method set out in Articles 14 and 21. Natural Justice in relation with Indian Constitution Human dignity is completely linked to the concept of human rights. In its declaration, the World Conference on Human Rights held in Vienna in 1993 stated: The L.I.C v Center for Consumer Education and Research argued Acts of public authorities or public authorities or obligations must be publicly justified and guided in the public interest. Due process is enshrined in Article 21 of the Constitution, so when a person is deprived of his life and personal liberty, all fairness embodied in the principle of natural justice is seen in Article 21. In the Hindustan Petroleum Corporation v. H.L. Trehan case, the SC held that, while the agency had the legal authority to act without a hearing, acting without a hearing was arbitrary, and that Article 14 of the Constitution states: It made it clear that It would be in violation. In Yadav v. J.M.A. Industries Ltd in D.K., the SC held He stated that even if a statutory standing order empowered management to terminate the service of an employee who has passed the vacation period without hearing the termination of that service, it would violate Article 21 of the Constitution. Provisions The procedure for taking away a person’s livelihood cannot be described as fair, impartial, or reasonable under Article 21 of the Constitution. In Asoka Smokeless Coal India (P) Ltd v Union of India, The court ruled that the principle of natural justice applies when certain rights, such as legitimate expectations, are likely to be affected by administrative actions. According to the decision [1] Conclusion In a welfare state like India, the jobs and duties of public administrations have grown hastily, and the speedy expansion of nation duties and the civic wishes of the human beings have made delegation of administrative discretion an hour’s necessity. As administrative discretion expands, regulatory measures have to have sufficient powers to prevent abuse of discretion. On this context, so one can keep the primacy of the rule of law in India, the constitutional rule of regulation like India, i.E. Truthful play, which is a part of natural law, wishes to be determined and brought lower back by the judiciary. On this context, the writer argues that “herbal law rules can best be implemented in regions no longer included via existing law,” and that such antique judgments of the excellent court and other excessive courts need to be reconsidered. Yes, and the correct view will be the concepts of Natural law. When the pastimes of justice require it, they have to act within the presence of, and even towards, present regulation. [2] In India, all concept are based on Articles 14 and 21 of the constitution. With the advent of the idea of considerable and procedural processes in Article 21, all the impartiality inherent inside the standards of natural law can be discovered in Article 21. Violations of Natural regulation concepts cause arbitrariness. Violation of herbal rights is consequently a contravention of the equality clause of Article 14. • • • • • • • • • • [1] NATURAL JUSTICE AND INDIAN CONSTITUTION. (2017, June 22). IILS Blog. https://www.iilsindia.com/blogs/natural-justice-indian-constitution/ [2] https://lawreports.wordpress.com/2009/06/12/arbitrary-actions-of-the-state-are-in-conflict-with-article-14-right-to-equality-of-the-constitution-of-india/ Written by Muskan Vyas

Indian Constitution

Mental Health

Posted on By toahostinger No Comments on Mental Health

There is a good possibility that someone who is emotionally well will also be physically healthy. Just like with physical health, mental health needs to be taken care of. Mental health includes both mental sickness and mental well-being. It has an equal impact on all age groups — old, young, and children—as well as all socioeconomic statuses—low and high—in the areas of education, the economy, and society. Introduction of Mental Health Additionally, it causes serious illnesses like OCD, PTSD, disorders that result in mental illness, schizophrenia, psychological problems, and internal trauma. Major mood swings, loneliness, mugging up, insomnia, either sleeping a lot or having disturbed sleep cycles, changes in behaviour patterns, body aches, distance from family and friends and people they are close to, or thinking too much in which thoughts are leading to self-harm or suicidal thoughts are some of the symptoms we should look out for when they occur. Notable features People who experience these symptoms ought to treat themselves with kindness, respect, and value. Without considering the opinions of others, they should pursue their interests in dancing, singing, writing, travelling, gardening, and learning new things. Many individuals prevent themselves from engaging in their passions, which contributes to mental illness. They should surround themselves with people who are beneficial to their mental health and avoid toxic and negative people. They should avoid doing things they don’t want to do and focus on doing things that make them happy. Both medication and meditation should be used to promote mindfulness, well-being, and a quiet mind. Mental health laws are as vital as other laws; in fact, these laws are incredibly significant and play a massive influence on people’s lives. This also signifies societal obligation and welfare. Many human rights Organisations advocate for the protection of people suffering from mental illnesses. According to Article 1 of the Universal Declaration of Human Rights, which states that “all people are free and equal in rights and dignity,” “people with mental disabilities are protected by human rights law by virtue of their basic humanity.” Laws relating In India, there exist laws governing mental health Programmes, such as the establishment of a Central or State Mental Health Authority to regulate and supervise psychiatric hospitals or nursing homes and to advise the Central or State Governments on Mental Health Topics. The Mental Health Act, 1987; the Protection of Human Rights Act, 1993; the Persons with Disability Act, 1995; the National Trust Act, 1999; the Protection of Women from Domestic Violence Act, 2005; and the Protection of Children from Sexual Offences Act, 2012. Conclusion A person can be cured of mental disease and live happily and quietly in society with the assistance of them all; treatment, medications, meditation, supporting laws, and personal analysis of ailment, spirit to fight with it and win it. One must be aware that a good mind leads to a good life, and this includes excellent mental health. Written by Purnima Sharma

Legal

Stage of crime under ipc 1860

Posted on By toahostinger No Comments on Stage of crime under ipc 1860

ABSTRACT The Indian Penal Code is one of the most unique penal law codes entailing several crime, their scope, nature, and punishments. It is best-taken care of in the hands of the judiciary, law practitioners, students, and varied law learners. The Indian Penal Code indirectly owes its origin to jeremy bentham, who is a well-known jurist on the subject of law reforms. The Indian Penal Code was drafted by Macaulay. The Code was primarily aimed at bringing to an end the multiplicity of criminal law jurisdictions that prevailed in India at that time and introducing a  uniform law of crimes. The most striking feature of the IPC [1]  is that it continues to survive as the substantive law of the land for more than one and a half centuries despite the tremendous changes the Indian society has undergone over the years, leading toward a progressive social order. The criminal law as enshrined in the Penal Code seeks to safeguard the socio-moral principles of society and protect society’s historical roots based on values on values while leading it towards development and modernization. INTRODUCTION research of the law of crimes has always been one of the most attractive branches of jurisprudence since the early year of human civilization. The law of crime has been as old as civilization itself. In every organized society, certain acts are forbidden on the pain of punishment. Where one person injured another and the injury could adequately be compensated by money value, the wrong-doer was required to pay damages or compensation to the wrong individual. More than any other branch of law, criminal law is the mirror of public opinion. As we already know law reflects the public opinion of the time. More than any other branch of law, criminal law is the mirror of public opinion. To know the nature and the content of crime we must first of all know what is law because the questions of crime and law are so closely related to each other that it is very difficult to understand one without knowing the other. CRIME→ WRONGS → These are against norms. Definition of crime[2]: As per section.40 of IPC any act or omission made punishable by IPC is an offence. Acc. to Blackstone: An act committed or omitted in violation of a public law either forbidding or commanding it. Acc. to Russel: “Crime is the result of human conduct, which the state seeks to prevent”. >> A crime is an unlawful act punished by the state or any lawful authority. A crime or an offense is an act that is harmful not only to the person but also to the community, society, or state. Nature of Crime ➢ Public wrong – Dynamic nature ➢ Punishment is the remedy -because crimes such as rape, murder, kidnapping can not be Compensated. What is the stage of crime under the Indan Penal Code,1860? (1)Intention: derived from the famous (actus non-facit reum nisi rea). The intention is the first & Initial stage. This stage has not been penalized under the IPC. Ex: Kenny illustrates him with a very good example.’ A person picks up an umbrella to steal that umbrella from a club stand. But when he comes home and sees it the umbrella turns out to be his own’. In such a situation, criminal liability cannot be imposed on that person, although he intended to steal the umbrella. (2)Preparation: It is at this stage that the person prepares or does acts that will help him in committing the criminal act. therefore this stage is not punishable. Ex: ‘A’ thinks of killing a person, he buys a pistol, buys a railway ticket to go to the place where the murder is to be done. Since he did not cross the preparation stage to do all this, he will not be considered a criminal. (3)Attempt: An attempt is a direct movement towards an offense after the preparation has been made. Punishable under IPC under certain circumstances:- Section.307, S.309, S.398, S.308, S.393, S.511 (4)Commision: It is the last stage of the commission of a crime. This is the stage where the offender has crossed all the three initial stage. At this stage, the person completes the ACTUS REUS. The act would also include omission. If the accused become successful in his attempt to commit the crime, he will be guilty of the complete offense. BACKGROUND OF IPC,1860 Written by: ‘Thomas Babington Macaulay ’. Extent : Whole of India ( the word Jammu & Kashmir was omitted from 31st oct 2019) Enacted : 6th oct 1860 Commencement: 1st jan 1862 Total chapters: 23 Total sections: 511 Shortest chapter : chap no.23(1 sections) Longest chapter: chap no.17 (84 sections) Crime is a concurrent subject so both the centre and state can amend IPC.[3] HIGHEST CRIME RATE IN INDIA According to data from the NCRB of India, some of the states with the highest crime rates in India include Maharashtra, Gujrat, Tamil Nadu, and Madhya Pradesh. These states generally have large populations and high levels of urbanization, which can contribute to higher crime rates. According to the NCRB[4] report for 2019, the state with the highest crime rate in India was Assam, with a crime rate of 632.6 per 100,000 population. It was followed by Kerala (455.8)and Odisha (399.1). In terms of the number of crimes, Uttar Pradesh reported the highest number of crimes in 2019 with 3,42,954 cases, followed by Maharashtra(2,61,714 cases) and Kerala (1,41,375 cases).[5] TYPES OF CRIME Crimes against women Sexual assault against women in India is more and more. According to the NCRB, as of 2018, the majority of crimes against women were registered under ‘Cruelty by husband or his relatives followed by ‘Assault on women with intent to outrage her modesty’, ’Kidnapping & Abduction of women, and ‘Rape’. The crime rate per lakh women population was 58.8 in 2018, as compared to 57.9 in 2017.[6] RAPE: disturbing incidents of rape on senior citizens and infants are more and more. The incidence of rape…

Read More “Stage of crime under ipc 1860” »

Criminal Law

July Month Magazine Current Affairs 2023 Presented by TOA

Posted on By toahostinger 2 Comments on July Month Magazine Current Affairs 2023 Presented by TOA

The month of July 2023 developed as a gripping chapter in the worldwide storyline in the fast-paced world of current affairs. With a wide range of noteworthy occurrences in the fields of politics, technology, the environment, and more, this month offered a fascinating tapestry of innovations that kept the globe interested and informed. We set out on a mission to discover the crucial events that shaped July 2023 on a worldwide scale as we go deeper into this magazine. This magazine seeks to present a thorough overview of the multidimensional landscape that moulded our perspective of the globe during this active month, from diplomatic discussions to technical marvels, from environmental worries to medical advancements.  

Uncategorized