Shame on Pakistan Supreme Court, shame on Lahore High Court Bar Association By Justice Katju
Ahmadiyyas are a tiny community of about 5 million in Pakistan ( which has a total population of about 240 million…
Keeping Pace with Legal Change
Ahmadiyyas are a tiny community of about 5 million in Pakistan ( which has a total population of about 240 million…
In Sharad Birdhichand Sarda vs. State of Maharashtra, the Supreme Court set out the five golden principles for relying on circumstantial evidence in criminal trials, stressing that every link in the chain must be conclusively established and exclude all reasonable doubt, ensuring that conviction is based only on evidence that points solely to the accused’s guilt.
If a person is legally required—either by oath or by a provision of law—to tell the truth or make a declaration, and he knowingly makes a false statement, or states something without believing it to be true, he is said to give false evidence.
London, May 18, 2025 – The Indian Council of Arbitration (ICA) is poised to host the 3rd Edition of the…
Candidates are required to have a minimum of three years of experience in the practice of law before they are permitted to take tests at lower levels of the court. This requirement is known as the Three-Year Advocacy Requirement for Judicial Services. It is the intention of this rule to guarantee that individuals who are interested in becoming judges have adequate levels of professional maturity, legal knowledge, and practical experience. The purpose of this article is to investigate the historical roots of this requirement, as well as its foundation in constitutional concepts such as the independence of the court and the equality of opportunity, as well as the statutory framework that enshrines it. In addition, we investigate the most important interpretations of the law by the judiciary, evaluate its impact on the legal community in the real world, and take into account criticisms and practices that are comparable in other jurisdictions.
The Supreme Court’s decision in the case of Imran Pratapgarhi v. State of Gujarat is the subject of this article, which provides an explanation of major legal issues like the differemce between FIR in old and new criminal law. The protection of free speech under Article 19(1)(a), the significance of police discretion under BNSS, and the role of the judiciary in avoiding the misuse of criminal law against lawful expression are all brought to light by this.
Section 235 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, requires criminal charges to detail the time, location, and individual involved in an offence, superseding vague expressions under the CrPC, 1973. This section provides clarity in allegations, allowing the accused to present a proper defense while increasing judicial clarity. By mandating these details, Section 235 minimizes misinterpretation, discourages frivolous litigation, and enhances procedural fairness. It indicates a movement towards openness and accountability within India’s criminal justice system, bringing legal procedures in line with modern standards.
This research examines the prosecution of defamation under Section 222 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which is a replacement for the Criminal Procedure Code, 1973. Section 222 prescribes procedural requirements, requiring complaints by aggrieved persons for offences under Section 356 of the Bharatiya Nyaya Sanhita, 2023, except in the case of incapacitated persons. It weighs individual reputation against free speech, incorporating streamlined procedures within India’s new-age criminal justice system. This examination identifies significant provisions, protective procedures, and their implications on legal practice, providing a thorough understanding of defamation prosecution in modern India.
Welcome to a legal deep-dive where we unravel the nuances of Order VI Rule 17 CPC—a provision that bridges technicalities with justice by enabling amendments in pleadings. Stay tuned to explore its application, guidelines, and courtroom relevance!