APARNA KRISHNA KUMAR

Strict Liability in Criminal Law

Strict Liability in Criminal Law

Any offence in criminal law  can only be termed so if it contains both its constituents, namely actus reus and mens rea. Actus reus refers to the outward circumstances of an offence, the commission or omission of a deed.  Mens rea is the mental drive behind the crime, the volition or blameworthy mental condition. Hence…

Hostile Witness

Hostile Witness

“I swear to tell the truth, the whole truth and nothing but the truth” These words are uttered by every witness as he takes his place behind the solid, wooden columns of the witness box, professing his unmitigated devotion in the sacrilegious duty of aiding the public justice system in assessing guilt and uncovering truth….

Ayodhya dispute:’Lost documents of possession to dacoity’

Ayodhya dispute:’Lost documents of possession to dacoity’

On the second day of the hearing of the Babri Masjid Case, Hindu Body Nirmohi Akhara professed that although they did not have dicumentary proof to support its claim to the disputed site in Ayodhya. The Supreme Court hearing had begun on 6th August, after efforts of mediation between the parties had failed. The five-judge Constitution…

Mental Healthcare Act 2017: Critical Analysis

Mental Healthcare Act 2017: Critical Analysis

The Mental Healthcare Act 2017 (MHCA 2017) had been passed by both houses of the Parliament and received Presidential approval in 2017, and came into effect on 7th April 2018. The MHCA 2017 was enacted with the aim to protect and promote the rights of people ailing from mental ill-health. It replaced the existing Mental…

Triple Talaq law challenged in SC and Delhi HC

Triple Talaq law challenged in SC and Delhi HC

The newly passed law criminalizing triple talaq was challenged in the Supreme Court as well as the Delhi High Court, claiming that the law was unconstitutional and discriminatory in nature. Triple Talaq or Talaq-e-biddat is a form of divorce under the Muslim personal laws, by which a Muslim man can instantly and irrevocably divorce his…

UAPA: Lok Sabha passes the Unlawful Activities (Prevention) Amendment Bill, 2019

UAPA: Lok Sabha passes the Unlawful Activities (Prevention) Amendment Bill, 2019

The UAPA Amendment Bill 2019 was passed by the Lok Sabha, significantly tightening anti terror laws, and raising concerns of misuse.  The Unlawful Activities Prevention Act was enacted in 1967, to curb activities that threaten the integrity and the sovereignty of the country. Since its enactment, it has already undergone several amendments; in 2004, 2008…

Muzaffarnagar Riots – 40 acquittals out of 41 cases

Muzaffarnagar Riots – 40 acquittals out of 41 cases

Muzaffarnagar riots 7th September 2013 clash between Hindus and Muslims erupted into full scale rioting with over 60 deaths, more than 90 injured and over 40,000 displaced sole conviction linked to these riots took place on February 8 2019 remaining 40 cases that were filed with regards to the riots have seen verdicts that acquitted the accused

White Coats, Black Acts

White Coats, Black Acts

Since time immemorial, society has always had a proclivity to lionize those of its members that it considers to be its most valuable assets –  doctors, teachers, lawyers, bankers, businessmen. Those who are distinguished, and cut far above the rest for their excellence, expertise, influence or affluence. However, with rapid industrialization and development, and the…

Punjab HC permits man to provide food articles as maintenance

Punjab HC permits man to provide food articles as maintenance

Case Name: Amit Mehra V. Manju Case Number: CRM5252-2019 Justice RS Attri issued an order permitting an unemployed man to provide his wife with monthly rations of food articles instead of maintenance.  A family court in Bhiwani had initially  directed the husband, Amit Mehra, to pay a fixed monetary sum on a monthly basis to…

Rahul Gandhi obtains Bail in the defamation suit filed by ADCB

Rahul Gandhi obtains Bail in the defamation suit filed by ADCB

Former Congress President Rahul Gandhi obtained bail in the defamation case filed against him by  Ahmedabad District Co-operative Bank (ADCB) for his comments accusing the bank of fraudulent activity post-demonetisation. The Chairman of the bank is Ajay Patel, while the Union Home Minister Amit Shah is one of its directors. The complaint was filed against…

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