Notice to the Accused Before Taking Cognizance Under BNSS
ABSTRACT The Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), which came into force on 1st July 2024 in place of the Criminal Procedure Code, 1973 (‘CrPC’), carried forward several procedural aspects from the CrPC while also bringing in important changes. The primary aim of enacting this new legislation was to establish a quicker and more effective […]
THE WELCOMING CHANGES BROUGHT OUT IN BSA
The enactment of the Bhartiya Sakshya Adhiniyam, 2023 (BSA), replacing the Indian Evidence Act, 1872 (IEA), represents a profound philosophical and structural shift in Indian evidentiary jurisprudence. For over fifteen decades, the analogue, document-centric design of the IEA struggled to accommodate the modern complexities of localized metadata, cloud computing, and encrypted channels. Previous interventions, such […]
THE LAW ON ADULTERY IN INDIA
The history of adultery laws in India has changed vastly since it was introduced during British Colonial rule. It used to be a criminal act and considered a crime under law (additionally up until a few months ago) by the British government. Under Colonial law, women were seen as property and therefore the law recognised […]
INTELLECTUAL PROPERTY IN THE DIGITAL AGE
The digital age has not rendered intellectual property law obsolete, but it has exposed the limits of a framework designed for a world of physical copies and territorial markets. Copyright must contend with infinite reproducibility, patents with inventions that blur the line between human and machine creativity, trademarks with infringement at a scale traditional enforcement […]
LEGAL ASPECTS OF SURROGACY IN INDIA
The Surrogacy (Regulation) Act, 2021 reflects India’s determination to move away from the exploitative commercial surrogacy model and toward a framework grounded in dignity and regulation. It provides a much-needed legal structure that addresses issues of consent, parentage, and the rights of children. Yet, the law’s restrictive eligibility criteria, potential for familial coercion under the […]
PRISONERS’ RIGHTS AND PRISON REFORMS IN INDIA
The rights of prisoners are not a concession to wrongdoers; they are a reflection of the State’s own commitment to the rule of law. When the State incarcerates, it assumes a duty of care, a duty that Article 21 demands be taken seriously. India’s prison reform journey is ongoing and progress has been made. But […]
Digital Evidence in Courts: Admissibility, Authentication and Challenges in the Digital Age
The debate over uniform marriage laws in India reflects the complex relationship between equality, individual rights, and religious diversity. India currently follows a pluralistic system of personal laws under which different religious communities are governed by separate legal provisions relating to marriage, divorce, maintenance, and other matrimonial matters. While this framework recognizes cultural and religious […]
Uniform Marriage Laws in India
The debate over uniform marriage laws in India reflects the complex relationship between equality, individual rights, and religious diversity. India currently follows a pluralistic system of personal laws under which different religious communities are governed by separate legal provisions relating to marriage, divorce, maintenance, and other matrimonial matters. While this framework recognizes cultural and religious […]
Case Commentary on ADM Jabalpur v. Shivakant Shukla (1976) 2 SCC 521
A.D.M. Jabalpur v. Shivakant Shukla (1976) 2 SCC 521, popularly known as the Habeas Corpus Case, is one of the most significant and controversial decisions in Indian constitutional history. The case arose during the National Emergency declared in 1975, when the enforcement of certain Fundamental Rights, including the right to personal liberty, was suspended. The […]
Deepfakes and Indian Laws: Is India Ready for the Next Digital Threat?
Deepfakes have emerged as a significant digital threat with the rapid development of Artificial Intelligence and advanced digital technologies. By manipulating or generating realistic images, videos, and audio, deepfakes can imitate individuals with remarkable accuracy, making it increasingly difficult to distinguish authentic content from fabricated material. While deepfake technology has legitimate applications in entertainment, education, […]