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*--------Today's Morning Live : Shakti :Post. 1--------Legal Awareness.Different FIRsEditor. Adv.Seema.Madhup.Ekta.**FIR is endorsed under BNSS/ CrPC 173/ 154.FIR : We come to know about the different FIRS now in this morning live post we will have a view over different types of FIRs.Regular FIR : A Regular First Information Report (FIR) is the initial, written document prepared by police under Section 154 of the CrPC (or corresponding BNS/BNSS laws) upon receiving information about a cognizable offense. It sets the criminal justice process in motion, enabling police to investigate, and is mandatory for serious crimes, requiring a free copy for the informant.Zero FIR : A Zero FIR is a legal provision in India allowing any police station to register a complaint for a cognizable offense, regardless of where the crime occurred or its jurisdiction. Introduced in 2013 following the Justice Verma Committee recommendation, it ensures immediate action for urgent cases (e.g., murder, sexual assault) without jurisdictional delays.Cross FIR : A Cross FIR (First Information Report) refers to a situation in the Indian legal system where opposing parties involved in the same incident each file separate FIRs, accusing each other, creating "case and counter-case" scenarios, often after altercations like fights, where each party claims victimhood and alleges criminal acts by the other, leading to parallel investigations and sometimes joint trialsMultiple FIR : For different crimes and incidents the same accused is dragged in the First Information Report termed as Multiple FIR.Counter FIR : A counter FIR (or cross-FIR) is a complaint filed by the accused against the original complainant regarding the same incident, where roles are reversed. It is used to present an alternative version of events, often arising from personal enmity or to negotiate settlements. Police must investigate both cases separately to determine the truth.e- FIR : e -FIR means Electronic First Information Report, a digital way to report a serious crime (cognizable offense) to the police online, making it easier and faster to file complaints without physically visiting a station, especially for cases like theft, cybercrimes, or sensitive issues, as part of modernizing the Indian criminal justice system. It's the digital version of the traditional FIR, though often requires the complainant's physical signature within a few days to become a formal,legally registered FIR.
*Column : ReviewAdv. Shakti Jasika Singh.Law Student : Harsh Raj ( Dehradoon ).Harsh Kashyap ( Noida).*--------Adultery vs. Infidelity : In law, adultery de criminalised in India.---------Section 497 BNSS / CrPC 451 /457 *
We always come across with such pieces of news that reflects the Adultery vs. Infidelity.Right now we are facing such problems in our society so it is necessary to know about the inns and out of these burning problems referring to the detailed, intricate, or complicated facts and hidden nuances of a situation, process, or system. A panel of advocate will have the opinions about this. Let us have a look over this.Adultery : Meaning : In law, adultery is generally consensual sexual intercourse between a married person and someone other than their spouse, treated differently across jurisdictions, often as grounds for divorce (a civil matter) but less commonly as a criminal offense today, with India decriminalizing it in 2018 but retaining it as a divorce ground, while some Islamic countries still criminalize it. Key aspects include its role in family law, potential decriminalization, and differing views on gender equality and privacy. Key Legal Aspects :Grounds for Divorce : Most prevalent in civil law, adultery by a spouse is a fault-based reason for divorce, allowing the wronged party to seek dissolution of the marriage.Section 497 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponds to Section 451 /457 of the CrPCCriminalization (Historical & Current) : IPC / BNSIndia : Section 497 of the Indian Penal Code (IPC) criminalized adultery (punishing the man involved with another man's wife) but was struck down as unconstitutional in 2018 (Joseph Shine v. Union of India) for violating women's dignity and equality. It remains a civil ground for divorce.Other Countries : Some nations, particularly those with Islamic law (e.g., Pakistan, Iran, Saudi Arabia), still criminalize adultery as a serious offense, sometimes with severe penalties.Gender Neutrality : The trend, as seen in India's decriminalization, moves towards making adultery laws gender-neutral, recognizing both partners' autonomy and privacy, a point debated in proposed legislative reforms. Key Distinctions :Adultery vs. Infidelity : Adultery specifically refers to consensual extramarital sexual intercourse, while infidelity is a broader term for any romantic or sexual unfaithfulness, which may not always involve sexual intercourse. In Summary : Adultery's legal standing varies, shifting from potential criminal offense to primarily a civil matter affecting marriage dissolution, with increasing emphasis on privacy and equality, though traditional views persist in some legal systems. *Review Article : Adv. Shakti Jasika Singh.Aashish Anant. Today's Morning Live : Shakti : Post 2.--------Sexual Harassment Post : 2--------Shakti.Adv.Jasika Madhup Ekta.*Sexual harassment at a workplace is considered violation of women's right to equality life and liberty. It creates an insecure and hostile work environment, which discourages women's participation in work, thereby affecting their social and economic empowerment and the goal of inclusive growth. The Right to File Complaint Regarding Sexual Harassments at Working Place : As per Chapter 4 ( Section 9 )- Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the ICC if so constituted, or the LC in case not so constituted within a period of 3 months from the date of incident and in case of series of incidents, within a period of three (3) months from the date of last incident. Can a complaint be filed by her husband without her consent if both of them work at same workplace : 
Courtesy : Photo : Net .
As per (section 9 (2) ) - Where the aggrieved woman is unable to make complaint on account of her physical, mental incapacity,death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section. False Evidence : But if, there's any false or malicious complaint and false evidence as given in the question by the husband without the consent of her wife and there's no real occurrence of the incident - This is punishable under ( Section-14) of the POSH ACT the ICC OR LC may recommend this to District Officer for inquiry and action will be taken as per the service rules, in such a manner as may be prescribed. In short, As per ( section-14) If proven, the complainant or witness can face the same disciplinary action as would apply to an employee guilty of misconduct under the organization’s service rules (e.g., warning, censure, suspension, dismissal, etc.).
*Article : Review Adv.Shakti Seema.Aashish Anant. --------Today's Morning Live : Shakti : Post.3 : Information Technology Act, 2000. --------Shakti.Adv.Seema.Madhup.Ankita.*Year : The Information Technology Act, 2000 (India Code, enacted on June 9, 2000, is India's primary legislation for regulating cybercrime, e-commerce, and electronic transactions. It provides legal recognition for electronic records and digital signatures, aiming to facilitate secure digital, paper-free communications and transactions while establishing regulatory frameworks for online service providers.
-------Key Objectives and Features-----------Legal Recognition : Validates electronic documents, digital signatures, and electronic transactions.E- Governance : Facilitates the electronic filing of documents with government agencies.Cybersecurity & Penalties : Outlines penalties for hacking, data theft, and cyber terrorism, including up to life imprisonment for serious offenses.Intermediary Liability : Defines responsibilities for ISPs, websites, and social media platforms regarding content.Certifying Authorities : Establishes a framework for the regulation and licensing of agencies issuing digital signatures.-------Important Sections-------Section 43 : Deals with unauthorized access to computer systems, imposing civil penalties.Section 66 : Covers computer-related offenses, including hacking.Section 66 F : Addresses cyber terrorism.Section 67 : Penalizes publishing or transmitting obscene content in electronic form. *Section 67 : Penalizes publishing or transmitting obscene content in electronic form. *Link : Section 67 of India's Information Technology (IT) Act, 2000, criminalizes publishing or transmitting obscene material in electronic form, with penalties increasing for repeat offenses, focusing on content that is lascivious, appeals to prurient interest, or tends to deprave and corrupt individuals. It serves to regulate online content deemed inappropriate, though critics note issues with ambiguous definitions of obscene and potential misuse.Key aspects of Section 67 :Prohibited Content : Publishing or transmitting material in electronic form that is obscene, lascivious, appeals to prurient interest, or tends to deprave and corrupt readers/viewers.Punishments : ConvictionFirst Conviction : Imprisonment up to 3 years and a fine up to ₹5 lakh.Subsequent Convictions : Imprisonment up to 5 years and a fine up to ₹10 lakh.Related Sections : 67A Section 67A. Section 67B deals with sexually explicit material, and Section 67B specifically addresses child sexual abuse material (CSAM).Criticism: The law faces criticism for vague terms like "obscene," leading to potential misuse against political dissent or non-consensual acts, with calls for clearer definitions and consent considerations.In essence, Section 67 is India's primary legal tool for controlling obscene digital content, but its interpretation and application remain subjects of debate.
*Article : Review Adv.Shakti Jasika.Aashish Anant.
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Today's Morning Live : Shakti :Post. 1
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Legal Awareness.Different FIRs
Editor.
Adv.Seema.Madhup.Ekta.
*
*
FIR is endorsed under BNSS/ CrPC 173/ 154.
FIR : We come to know about the different FIRS now in this morning live post we will have a view over different types of FIRs.
Regular FIR : A Regular First Information Report (FIR) is the initial, written document prepared by police under Section 154 of the CrPC (or corresponding BNS/BNSS laws) upon receiving information about a cognizable offense. It sets the criminal justice process in motion, enabling police to investigate, and is mandatory for serious crimes, requiring a free copy for the informant.
Zero FIR : A Zero FIR is a legal provision in India allowing any police station to register a complaint for a cognizable offense, regardless of where the crime occurred or its jurisdiction. Introduced in 2013 following the Justice Verma Committee recommendation, it ensures immediate action for urgent cases (e.g., murder, sexual assault) without jurisdictional delays.
Cross FIR : A Cross FIR (First Information Report) refers to a situation in the Indian legal system where opposing parties involved in the same incident each file separate FIRs, accusing each other, creating "case and counter-case" scenarios, often after altercations like fights, where each party claims victimhood and alleges criminal acts by the other, leading to parallel investigations and sometimes joint trials
Multiple FIR : For different crimes and incidents the same accused is dragged in the First Information Report termed as Multiple FIR.
Counter FIR : A counter FIR (or cross-FIR) is a complaint filed by the accused against the original complainant regarding the same incident, where roles are reversed. It is used to present an alternative version of events, often arising from personal enmity or to negotiate settlements. Police must investigate both cases separately to determine the truth.
e- FIR : e -FIR means Electronic First Information Report, a digital way to report a serious crime (cognizable offense) to the police online, making it easier and faster to file complaints without physically visiting a station, especially for cases like theft, cybercrimes, or sensitive issues, as part of modernizing the Indian criminal justice system.
It's the digital version of the traditional FIR, though often requires the complainant's physical signature within a few days to become a formal,legally registered FIR.
*
Column : Review
Adv. Shakti Jasika Singh.
Law Student : Harsh Raj ( Dehradoon ).Harsh Kashyap ( Noida).
*
--------
Adultery vs. Infidelity :
In law, adultery de criminalised in India.
---------
Section 497 BNSS / CrPC 451 /457
*
We always come across with such pieces of news that reflects the Adultery vs. Infidelity.Right now we are facing such problems in our society so it is necessary to know about the inns and out of these burning problems referring to the detailed, intricate, or complicated facts and hidden nuances of a situation, process, or system. A panel of advocate will have the opinions about this. Let us have a look over this.
Adultery : Meaning : In law, adultery is generally consensual sexual intercourse between a married person and someone other than their spouse, treated differently across jurisdictions, often as grounds for divorce (a civil matter) but less commonly as a criminal offense today, with India decriminalizing it in 2018 but retaining it as a divorce ground, while some Islamic countries still criminalize it.
Key aspects include its role in family law, potential decriminalization, and differing views on gender equality and privacy.
Key Legal Aspects :
Grounds for Divorce : Most prevalent in civil law, adultery by a spouse is a fault-based reason for divorce, allowing the wronged party to seek dissolution of the marriage.
Section 497 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponds to Section 451 /457 of the CrPC
Criminalization (Historical & Current) : IPC / BNS
India : Section 497 of the Indian Penal Code (IPC) criminalized adultery (punishing the man involved with another man's wife) but was struck down as unconstitutional in 2018 (Joseph Shine v. Union of India) for violating women's dignity and equality. It remains a civil ground for divorce.
Other Countries : Some nations, particularly those with Islamic law (e.g., Pakistan, Iran, Saudi Arabia), still criminalize adultery as a serious offense, sometimes with severe penalties.
Gender Neutrality : The trend, as seen in India's decriminalization, moves towards making adultery laws gender-neutral, recognizing both partners' autonomy and privacy, a point debated in proposed legislative reforms.
Key Distinctions :
Adultery vs. Infidelity : Adultery specifically refers to consensual extramarital sexual intercourse, while infidelity is a broader term for any romantic or sexual unfaithfulness, which may not always involve sexual intercourse.
In Summary : Adultery's legal standing varies, shifting from potential criminal offense to primarily a civil matter affecting marriage dissolution, with increasing emphasis on privacy and equality, though traditional views persist in some legal systems.
*
Review Article :
Adv. Shakti Jasika Singh.
Aashish Anant.
Today's Morning Live : Shakti : Post 2.
--------
Sexual Harassment Post : 2
--------
Shakti.Adv.Jasika Madhup Ekta.
*
Sexual harassment at a workplace is considered violation of women's right to equality life and liberty. It creates an insecure and hostile work environment, which discourages women's participation in work, thereby affecting their social and economic empowerment and the goal of inclusive growth.
The Right to File Complaint Regarding Sexual Harassments at Working Place : As per Chapter 4 ( Section 9 )- Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the ICC if so constituted, or the LC in case not so constituted within a period of 3 months from the date of incident and in case of series of incidents, within a period of three (3) months from the date of last incident.
Can a complaint be filed by her husband without her consent if both of them work at same workplace :
![]() |
| Courtesy : Photo : Net . |
False Evidence : But if, there's any false or malicious complaint and false evidence as given in the question by the husband without the consent of her wife and there's no real occurrence of the incident -
This is punishable under ( Section-14) of the POSH ACT the ICC OR LC may recommend this to District Officer for inquiry and action will be taken as per the service rules, in such a manner as may be prescribed.
In short, As per ( section-14)
If proven, the complainant or witness can face the same disciplinary action as would apply to an employee guilty of misconduct under the organization’s service rules (e.g., warning, censure, suspension, dismissal, etc.).
*
Article : Review
Adv.Shakti Seema.Aashish Anant.
--------
Today's Morning Live : Shakti : Post.3 :
Information Technology Act, 2000.
--------
Shakti.Adv.Seema.Madhup.Ankita.
*
Year : The Information Technology Act, 2000 (India Code, enacted on June 9, 2000, is India's primary legislation for regulating cybercrime, e-commerce, and electronic transactions. It provides legal recognition for electronic records and digital signatures, aiming to facilitate secure digital, paper-free communications and transactions while establishing regulatory frameworks for online service providers.
-------
Key Objectives and Features
-----------
Legal Recognition : Validates electronic documents, digital signatures, and electronic transactions.
E- Governance : Facilitates the electronic filing of documents with government agencies.
Cybersecurity & Penalties : Outlines penalties for hacking, data theft, and cyber terrorism, including up to life imprisonment for serious offenses.
Intermediary Liability : Defines responsibilities for ISPs, websites, and social media platforms regarding content.
Certifying Authorities : Establishes a framework for the regulation and licensing of agencies issuing digital signatures.
-------
Important Sections
-------
Section 43 : Deals with unauthorized access to computer systems, imposing civil penalties.
Section 66 : Covers computer-related offenses, including hacking.
Section 66 F : Addresses cyber terrorism.
Section 67 : Penalizes publishing or transmitting obscene content in electronic form.
*
Section 67 :
Penalizes publishing or transmitting obscene content in electronic form.
*
Link : Section 67 of India's Information Technology (IT) Act, 2000, criminalizes publishing or transmitting obscene material in electronic form, with penalties increasing for repeat offenses, focusing on content that is lascivious, appeals to prurient interest, or tends to deprave and corrupt individuals. It serves to regulate online content deemed inappropriate, though critics note issues with ambiguous definitions of obscene and potential misuse.
Key aspects of Section 67 :
Prohibited Content : Publishing or transmitting material in electronic form that is obscene, lascivious, appeals to prurient interest, or tends to deprave and corrupt readers/viewers.
Punishments : Conviction
First Conviction : Imprisonment up to 3 years and a fine up to ₹5 lakh.
Subsequent Convictions : Imprisonment up to 5 years and a fine up to ₹10 lakh.
Related Sections : 67A Section 67A. Section 67B deals with sexually explicit material, and Section 67B specifically addresses child sexual abuse material (CSAM).
Criticism: The law faces criticism for vague terms like "obscene," leading to potential misuse against political dissent or non-consensual acts, with calls for clearer definitions and consent considerations.
In essence, Section 67 is India's primary legal tool for controlling obscene digital content, but its interpretation and application remain subjects of debate.
*
Article : Review
Adv.Shakti Jasika.Aashish Anant.
*
*
*
*
Shakti. Tanu. Arya Rajat.Swarnika Jewellers.Sohsarai.Biharsharif Supporting
----------
Editorial : Shakti. : Page : 2
---------
Mentor.
*
*
Shree Raghupati Singh.Retd.District Session Judge.
Hon'ble.Anjani Sharan. Retd.Justice.Patna High Court.
Shree Vishal Kumar.Civil Judge.Present.
*
Shakti Chief Editor.
*
Shakti.
Chief Editors
*
*
Shakti. Manju Shree Chief Judicial Magistrate.Present Shakti. Seema Kumari. Sr.Advocate. Deputy Legal Aid
Shakti. Jasika Singh Advocate.Prayagraj High Court.
*
Writers.Visualisers.
Tri Shakti.
*
Advocate : Dr.Madhup Raman.
Advocate : Shakti.Seema Kumari.
Advocate : Shakti.Jasika Singh.
*
Co.Writer.
Advocate.Monalisa Harsh.New Delhi.
Lawyer.Pragya Singh.Baroda.Gujarat.
Advocate.Alankrita.Delhi High Court.New Delhi.
*
e - Legal : Web : Blog Magazine Page.
Rule of Law : Legal Awareness.Shakti.
*
*
Observers / Visitors.
Advocate Panels.
Ramakant Sharma.Sr.Advocate.Patna High Court.
Ravi Raman.Sr.Advocate.Human Rights.
Gyanendra Kumar.Sr.Advocate.
Anuj Kumar.Sr.Advocate.PP
Lalan Kumar.APP.Patna High Court.
Sushil Kumar.POCSO.Special PP.Sr.Advocate.
Dinesh Kumar.Sr.Advocate.
Pragya Singh.Lawyer.Baroda.Gujarat.
Sarsij Nayanam.New Delhi.
A.K.Bakshi.Advocate.Patna High Court.
Adv.Vijay Shankar Singh.Deputy Chief Legal Aid Defence Counsel.DLSA.
Harsh Kashyap.Law Student.Symbiosis Law School.Noida.
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--------Archive Shakti Legal : Civil Liberties : Post. : 3--------Cognizable offence : A non-cognizable offence : AP : 3/1----------Shakti.Adv.Ekta.Madhup.Sushil.*Cognizable offence : A cognizable offence is a serious crime where police can arrest without a warrant and start an investigation immediately without a magistrate's permission, unlike less serious non-cognizable offenses. These offenses, like murder, rape, or robbery, require swift action and allow police to file a First Information Report (FIR) and begin investigation as soon as they receive credible information.A non-cognizable offence : is a minor crime where police cannot arrest or investigate without a magistrate's permission, unlike serious 'cognizable ' crimes. The police record the complaint but must refer the informant to a magistrate, who decides if an investigation or FIR is warranted, making these less severe offenses like defamation, public nuisance, or petty theft etcIf police refuses to lodge FIR : If police refuse to register an FIR for a cognizable offense, you can escalate the complaint to higher officers (SP/DCP) via post, or file a private complaint with a Judicial Magistrate under Section 156(3) of CrPC, or file a writ petition in the High Court. The police are legally mandated to register the FIR immediately, and refusal is actionable---------BNSS,Bharatiya Sakshya Adhiniyam : CrPC, IPC Stand for what : AP : 3/2-----------Advocate. Shakti.Madhup Seema Ekta.
BNSS : ( Bharatiya Nagrik Suraksha Samhita ) after the approval of Hon'ble President in 25 th of December 2023 came in to enforcement on 1st of July 2024.Simply replacing the old one CrPc Bharatiya Sakshya Adhiniyam : (BSA) Bharatiya Sakshya Adhiniyam, 2023 (BSA) is India's new law of evidence, replacing the Indian Evidence Act, 1872, to consolidate and modernize rules for fair trials, making digital/electronic records primary evidence, introducing mandatory audio-visual recording of evidence collection, and streamlining procedures for a digital age. CrPc : 1973. ( Code of Criminal Procedure ), 1973.Known to us that the Code of Criminal Procedure outlines the procedures for investigation, trial, and sentencing procedural law.IPC : 1860. On the other hand The IPC was enacted in 1860 came into enforcement by 1862.defines crimes and punishments (substantive law),
--------What Section 35 (1) BNSS allows :-------------A police officer can arrest a person without a warrant or magistrate's order if :A cognizable offense happens in their presence.There should be a reasonable complaint/information/suspicion of a cognizable offense punishable by up to seven years imprisonment (with or without fine) And the police officer believes arrest is needed for investigation, preventing further crime, or preventing evidence tampering
*-------- BNSS Protection : Section 179. -------------*What does Section 179 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023,provide us ?
Section 179 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, empowers police to summon witnesses for investigation within their station's or an adjoining station's. It limits itself but protects vulnerable groups (women, children under 15/over 60, disabled, acutely ill) from being forced to attend the station, requiring examination at their residence instead, though they can volunteer to come. This provision balances effective investigation with individual rights, ensuring people aren't harassed and balancing police power with citizen protection.
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--------Archive : Shakti Legal Post : Defamation ? AP 3 /3.-----------
Answer : If a person's honor is hurt, it falls into the category of defamation because every Indian citizen has the right to live with full respect. Therefore a provision of defamation law has been made in the Indian Constitution so that the honor of a person is not hurt due to yellow journalism or other activities. Apart from the Article 19 of the Indian Constitution, provision related to defamation has also been given in the Indian Panel Code. Q. What are the types of defamation ? Answer : According to the law defamation is of two types--1.Civil & 2.CriminalUnder the Civil Law an insulted person can approach the Hight Court or Lower Court to prove his insult and demand monetary compensation from the accused. So far Criminal Defamation is concerned Defamation against the State is contained in Section 124 A of the IPCDefamation against community is contained in Section 153 of the Indian Panel Code which is called a nuisance.Section 499 to 502 lPC relates to defamation. Section 500 in The Indian Penal Code.Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.Times Media Advertising powered
*
---------Shakti Legal Post : Live in Relationship : AP / 3/4----------*Courts suggest granting ' wife' status in live-ins to protect women from abandonment*BNS Section 69 : BNSS 144 *Yesterday I was going through the Daily Dainik Bhaskar 22.1.26. There was a catchy piece of news for all of us related to the burning social issue Live in Relationship that has been a prevalent common problem right now. Madras High Court ,Madurai Bench in a very remarkable decision rejects the bail petition of a person who had been in the status of Live in Relationship. With a statement that the aforesaid women should be respected and protected under laws the court rejects the bail petition.Live-in relationships in India, while not a formal marriage, are gaining legal recognition, with courts increasingly viewing them like "Gandharva marriages" (love marriages) for providing women protection, especially under the new Bharatiya Nyaya Sanhita (BNS) & Bharatiya Nagrik Suraksha Sanhita (BNSS). Key Points : BNS Section 69 criminalizes deceitful promises of marriage, while BNSS Section 248 provides procedure for maintenance claims.Courts suggest granting ' wife' status in live-ins to protect women from abandonment and ensure rights (maintenance, property for children), though a lack of specific civil law creates ambiguity.
----------Key Legal Aspects & Court Views :------------Protection for Women : Courts, like the Madras High Court, are pushing for women in live-in relationships to get protections similar to married women, considering the "cultural shock" when these arrangements end without safeguards.BNS & BNSS: The new laws address aspects like maintenance (BNS Sec 378,BNSS Sec 248) and criminalizing sex by false promise (BNS Sec 69).Presumption of Marriage : Courts suggest treating live-ins like Gandharva marriages to grant partner status, especially for women left unprotected. Rights & Protections:Maintenance : Women in cohabitation for more than 2 years can claim maintenance / alimony if deserted and dependent, via CrPc 125 / BNSS 144 procedures.as Sr.Advocate Vijay Shankar suggests.Children's Rights : Live-in partners have rights for their children, including custody and inheritance.Property & Inheritance : While less defined, courts strive to protect women's interests. --------Challenges : are yet before us : ----------No Universal Law : A single comprehensive law for live-ins is missing, leading to reliance on general laws.Social Stigma : Social disapproval and lack of formal recognition remain issues. In essence, while live-in relationships aren't marriages, Indian courts are evolving to provide legal remedies, particularly under the new BNS/BNSS framework, to protect partners, especially women, from exploitation when the relationship ends.*Column Editing : Decorative.Shakti.Adv.Ekta.Madhup.Seema.
---------Shakti Legal Post : Stalking anyone a Crime : AP 3/5-------
*Is Stalking anyone a Crime ?What does BNS say ?
*Someone always complains that someone is chasing you or stalking you.But before you charge him think twice and thrice.Justify, is this being done by anyone with mal intention or not.What does the BNS say... let us a review of that ...Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines and penalizes the offence of stalking, replacing Section 354D of the Indian Penal Code (IPC). It criminalizes the act of following, contacting, or monitoring a woman's internet/electronic activity despite her clear disinterest, punishable by up to 3 years imprisonment for the first offense and 5 years for subsequent offenses. Definition : It covers physically following a woman, repeatedly attempting to contact her, or monitoring her digital/internet usage against her will.Essential Elements : The action must be repetitive and continued despite a clear indication of disinterest by the woman.Punishment :First Conviction : Up to 3 years imprisonment and a fine.Subsequent Conviction: Up to 5 years imprisonment and a fine.Exceptions : The conduct is not considered stalking if it is authorized by law or, in specific, reasonable, and justified circumstances. This section specifically aims to protect women from harassment, including cyberstalking.
--------All India Bar Council Examination Rules 2010. AP 3/6---------
The All India Bar Examination was considered and approved by the Bar Council of India at its meeting held on 30th April 2010,wherein it was decided by the Council that the examination shall be mandatory for all law students graduating from the academic year 2009-2010 onwards, and that candidates may apply to appear inKey Details :
Applicability : All candidates graduating from 2009-10 onwards must pass the AIBE to practice law in India.
Requirements : Candidates must first enroll as advocates with their State Bar Council, as per Section 24 of the Advocates Act,1961.
Purpose : The exam assesses basic legal knowledge and has been mandatory since the resolution passed on June 5, 2010.
Exemption : Candidates who obtained their law degree before the 2009-2010 academic session are not required to appear for the AIBE.
The examination is currently conducted twice a year to facilitate the certification process for new advocates.
Column Review : Adv.Shakti Ankita.Ajay.Aashish.
*-------- AP 3/7---------
-------- Archive Shakti Legal : Civil Liberties : Post. : 3 -------- Cognizable offence : A non-cognizable offence : AP : 3/1 ---------- Shakti.Adv.Ekta.Madhup.Sushil. * Cognizable offence : A cognizable offence is a serious crime where police can arrest without a warrant and start an investigation immediately without a magistrate's permission, unlike less serious non-cognizable offenses. These offenses, like murder, rape, or robbery, require swift action and allow police to file a First Information Report (FIR) and begin investigation as soon as they receive credible information. A non-cognizable offence : is a minor crime where police cannot arrest or investigate without a magistrate's permission, unlike serious 'cognizable ' crimes. The police record the complaint but must refer the informant to a magistrate, who decides if an investigation or FIR is warranted, making these less severe offenses like defamation, public nuisance, or petty theft etc If police refuses to lodge FIR : If police refuse to register an FIR for a cognizable offense, you can escalate the complaint to higher officers (SP/DCP) via post, or file a private complaint with a Judicial Magistrate under Section 156(3) of CrPC, or file a writ petition in the High Court. The police are legally mandated to register the FIR immediately, and refusal is actionable --------- BNSS,Bharatiya Sakshya Adhiniyam : CrPC, IPC Stand for what : AP : 3/2 ----------- Advocate. Shakti.Madhup Seema Ekta. BNSS : ( Bharatiya Nagrik Suraksha Samhita ) after the approval of Hon'ble President in 25 th of December 2023 came in to enforcement on 1st of July 2024.Simply replacing the old one CrPc Bharatiya Sakshya Adhiniyam : (BSA) Bharatiya Sakshya Adhiniyam, 2023 (BSA) is India's new law of evidence, replacing the Indian Evidence Act, 1872, to consolidate and modernize rules for fair trials, making digital/electronic records primary evidence, introducing mandatory audio-visual recording of evidence collection, and streamlining procedures for a digital age. CrPc : 1973. ( Code of Criminal Procedure ), 1973. Known to us that the Code of Criminal Procedure outlines the procedures for investigation, trial, and sentencing procedural law. IPC : 1860. On the other hand The IPC was enacted in 1860 came into enforcement by 1862.defines crimes and punishments (substantive law), -------- What Section 35 (1) BNSS allows : ------------- A police officer can arrest a person without a warrant or magistrate's order if : A cognizable offense happens in their presence. There should be a reasonable complaint/information/suspicion of a cognizable offense punishable by up to seven years imprisonment (with or without fine) And the police officer believes arrest is needed for investigation, preventing further crime, or preventing evidence tampering * -------- BNSS Protection : Section 179. ------------- * What does Section 179 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023,provide us ? Section 179 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, empowers police to summon witnesses for investigation within their station's or an adjoining station's. It limits itself but protects vulnerable groups (women, children under 15/over 60, disabled, acutely ill) from being forced to attend the station, requiring examination at their residence instead, though they can volunteer to come. This provision balances effective investigation with individual rights, ensuring people aren't harassed and balancing police power with citizen protection. * MS Media Powered * -------- Archive : Shakti Legal Post : Defamation ? AP 3 /3. ----------- Answer : If a person's honor is hurt, it falls into the category of defamation because every Indian citizen has the right to live with full respect. Therefore a provision of defamation law has been made in the Indian Constitution so that the honor of a person is not hurt due to yellow journalism or other activities. Apart from the Article 19 of the Indian Constitution, provision related to defamation has also been given in the Indian Panel Code. Q. What are the types of defamation ? Answer : According to the law defamation is of two types-- 1.Civil & 2.Criminal Under the Civil Law an insulted person can approach the Hight Court or Lower Court to prove his insult and demand monetary compensation from the accused. So far Criminal Defamation is concerned Defamation against the State is contained in Section 124 A of the IPC Defamation against community is contained in Section 153 of the Indian Panel Code which is called a nuisance. Section 499 to 502 lPC relates to defamation. Section 500 in The Indian Penal Code. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Times Media Advertising powered * --------- Shakti Legal Post : Live in Relationship : AP / 3/4 ---------- * Courts suggest granting ' wife' status in live-ins to protect women from abandonment * BNS Section 69 : BNSS 144 * Yesterday I was going through the Daily Dainik Bhaskar 22.1.26. There was a catchy piece of news for all of us related to the burning social issue Live in Relationship that has been a prevalent common problem right now. Madras High Court ,Madurai Bench in a very remarkable decision rejects the bail petition of a person who had been in the status of Live in Relationship. With a statement that the aforesaid women should be respected and protected under laws the court rejects the bail petition. Live-in relationships in India, while not a formal marriage, are gaining legal recognition, with courts increasingly viewing them like "Gandharva marriages" (love marriages) for providing women protection, especially under the new Bharatiya Nyaya Sanhita (BNS) & Bharatiya Nagrik Suraksha Sanhita (BNSS). Key Points : BNS Section 69 criminalizes deceitful promises of marriage, while BNSS Section 248 provides procedure for maintenance claims. Courts suggest granting ' wife' status in live-ins to protect women from abandonment and ensure rights (maintenance, property for children), though a lack of specific civil law creates ambiguity. ---------- Key Legal Aspects & Court Views : ------------ Protection for Women : Courts, like the Madras High Court, are pushing for women in live-in relationships to get protections similar to married women, considering the "cultural shock" when these arrangements end without safeguards. BNS & BNSS: The new laws address aspects like maintenance (BNS Sec 378,BNSS Sec 248) and criminalizing sex by false promise (BNS Sec 69). Presumption of Marriage : Courts suggest treating live-ins like Gandharva marriages to grant partner status, especially for women left unprotected. Rights & Protections: Maintenance : Women in cohabitation for more than 2 years can claim maintenance / alimony if deserted and dependent, via CrPc 125 / BNSS 144 procedures.as Sr.Advocate Vijay Shankar suggests. Children's Rights : Live-in partners have rights for their children, including custody and inheritance. Property & Inheritance : While less defined, courts strive to protect women's interests. -------- Challenges : are yet before us : ---------- No Universal Law : A single comprehensive law for live-ins is missing, leading to reliance on general laws. Social Stigma : Social disapproval and lack of formal recognition remain issues. In essence, while live-in relationships aren't marriages, Indian courts are evolving to provide legal remedies, particularly under the new BNS/BNSS framework, to protect partners, especially women, from exploitation when the relationship ends. * Column Editing : Decorative. Shakti.Adv.Ekta.Madhup.Seema. --------- Shakti Legal Post : Stalking anyone a Crime : AP 3/5 ------- * Is Stalking anyone a Crime ? What does BNS say ? * Someone always complains that someone is chasing you or stalking you.But before you charge him think twice and thrice.Justify, is this being done by anyone with mal intention or not. What does the BNS say... let us a review of that ... Section 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, defines and penalizes the offence of stalking, replacing Section 354D of the Indian Penal Code (IPC). It criminalizes the act of following, contacting, or monitoring a woman's internet/electronic activity despite her clear disinterest, punishable by up to 3 years imprisonment for the first offense and 5 years for subsequent offenses. Definition : It covers physically following a woman, repeatedly attempting to contact her, or monitoring her digital/internet usage against her will. Essential Elements : The action must be repetitive and continued despite a clear indication of disinterest by the woman. Punishment : First Conviction : Up to 3 years imprisonment and a fine. Subsequent Conviction: Up to 5 years imprisonment and a fine. Exceptions : The conduct is not considered stalking if it is authorized by law or, in specific, reasonable, and justified circumstances. This section specifically aims to protect women from harassment, including cyberstalking. -------- All India Bar Council Examination Rules 2010. AP 3/6 --------- The All India Bar Examination was considered and approved by the Bar Council of India at its meeting held on 30th April 2010,wherein it was decided by the Council that the examination shall be mandatory for all law students graduating from the academic year 2009-2010 onwards, and that candidates may apply to appear in Key Details :
Applicability : All candidates graduating from 2009-10 onwards must pass the AIBE to practice law in India.
Requirements : Candidates must first enroll as advocates with their State Bar Council, as per Section 24 of the Advocates Act,1961.
Purpose : The exam assesses basic legal knowledge and has been mandatory since the resolution passed on June 5, 2010.
Exemption : Candidates who obtained their law degree before the 2009-2010 academic session are not required to appear for the AIBE.
The examination is currently conducted twice a year to facilitate the certification process for new advocates. Column Review : Adv.Shakti Ankita.Ajay.Aashish. * -------- AP 3/7 --------- |
















































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