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ABETMENT OF SUICIDE

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Introduction: The term 'abetment' refers to the instigation, conspiracy, or aiding in the commission of a crime in the context of suicide, it usually refers to the instigation of the person who has committed suicide. Abetment of suicide is defined under Section 107 of IPC, where as abetment is defined under Section 109 IPC and it is punishable under section 309 IPC. Legally, whether a death is a suicide or not is a factual determination, which means evidence must be evaluated to determine whether or not the death was a suicide. Suicide abettment is a cognizable, non-bailable, and non-compoundable. The crime of abetment of suicide has two main elements- 1. a suicide death, 2. the accused's intent to aid in such suicide. 3. involvement of the accused should be direct In case of M. Mohan v. The State,[1] it was held that there should be a direct link between the accused's actions and the act of committing suicide. It cannot be said that the accused instigated or intenti...

SEDITION LAW

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Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of the Indian Constitution. However, this freedom is not absolute and some reasonable restrictions have been imposed on freedom of speech and expression under Article 19(2). But when a person does an act by his words, signs or representation which is held to be contemptuous towards the Government of India, then such act is punishable under section 124-A of Indian Penal Code, 1860. Sedition is an offence that criminalizes speech that is regarded to be disloyal to or threatening to the state. The provision of Section 124A is very wide and it covers the act of defamation of the Government excluding any criticism in good faith of any particular measures or acts of administration.  WHAT IS SEDITION LAW? Section 124A of the Indian Penal Code (IPC), which deals with sedition, was drafted by Thomas Babington Macaulay and included in the IPC in 1870.  WHAT DOES SECTION 124 A STATES? SECTION ...

The Medical Termination of Pregnancy (Amendment) Bill, 2020

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Introduction Abortion is looked at with a different lens in every country, while some question the morality of the act, some see it through a gender-based lens. In India it is mostly the latter scenario. The most legal debate on abortion is pro-life vs pro-choice but India is a country that comes into the category of liberals so abortion is legalized but inly till a specific time and the parent\s are given the autonomy to decide whether to abort or not based on the given time limit. The Medical Termination of Pregnancy (Amendment) Bill, 2020 The act was amended recently on 17th March 2020. This amendment set up a Medical termination boards having gynaecologists, paediatricians, radiologists, sonologist, and others in each state and union territory to decide on abortion-related issues. Now The Act, because of a shortage of doctors require only one medical practitioner's opinion for abortion before 20 weeks of conception and two medical practitioner's opinion for abortion betwee...

GUARDIANSHIP

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Guardianship A child, an insane or a disable person requires a constant care of someone mature in regards to their personal well-being and their property . This is what the concept of guardianship provides. Guardian is someone who is responsible for care and protection of someone who is not competent to take care of his own self or his property. Guardianship and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 governs guardianship in India. Muslims and Christians are governed by their personal laws. It is in fact a legal and practical relation between parents or guardian and child. The guardian takes all the important decisions which are essential for well-being of the protected person . Following are the broad types of guardian under Hindu law. Natural guardian: Generally, father, mother and husband can be natural guardian. It actually depends on legitimacy of child. In case of legitimate child, father is the natural guardian of a minor child. The guardianship of minor...

Representation of people act

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INTRODUCTION Before the first general elections, the Indian parliament enacted the Representation of People Act, 1951which provided the actuality of how elections should be conducted in India. The Act deals with details like eligibility and disqualification of members of both the Houses of Parliament and State Legislative Assemblies. The registration of political parties, administrative machinery of performing elections, poll, by-elections etc. are explained in detail along with the offences related to the same. KEY PROVISIONS  Qualifications- Minimum age for becoming an MLA/MP of Lok Sabha is 25 years, and for the levels of Panchayat and municipality is 21 years. Such person should be an elector in the constituency.  Right to Vote- • Section 62 ensures that every person enrolled in electoral roll of constituency is entitled to vote only for the one-time. • If a person is under a sentence of imprisonment, he cannot vote. If he is in preventive custody, he is eligible to cour...

CONCEPT OF MEDIA LAW

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Media law is law that regulates media production and use. Media law can encompass many different types of media including broadcast television, internet and print media. The practice of media law may involve all of the types of legal issues that might arise during the production or consumption of various types of media. In India, the Press is free but subject to certain reasonable restrictions imposed by the Constitution of India, 1950, as amended.. Before the impact of globalization was felt, the mass media was wholly controlled by the government, which let the media project only what the government wanted the public to see and in a way in which it wanted the public to see it. However, with the onset of globalization and privatization, the situation has undergone a humongous change. Media laws in India have a long history and are deeply rooted in the country’s colonial experience under British rule. There have been many changes from colonial era till the time of independence. Howev...

ANTI DEFECTION LAW: LINK WITH WEST BENGAL ELECTION

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                             ●ANTI DEFECTION LAW The ANTI DEFECTION LAW is the TENTH SCHEDULE OF INDIAN CONSTITUTION which enacted by the 52nd constitutional amendment act in 1985. The Anti Defection law came into effect on March 1, 1985. The anti defection law formulated to bring stability in the Indian political system. The Indian Political System have long history of Political defection. “AYA RAM GAYA RAM” famous slogan coined in 1967 when Haryana MLA Shifted his loyalty in three parties in single day. According to Anti defection law a member of a house belonging to any Political party can be disqualified if he voluntarily give up the membership of such political party or if they vote or abstain from voting in contrary to direction issued by their party's whip. But their is an exception in ...