India Columns

An Exposition of Investigation under Section 202 of the Cr.P.C.

Date: Dec 4, 2024

An Exposition of Investigation under Section 202 of the Cr.P.C.: Purpose, Scope, and Procedural Mandates I. Introduction Section 202 of the Code of Criminal Procedure, 1973 (Cr.P.C.) stands as a...

Revisiting Section 397 CrPC: Boundaries, Balances, and Judicial Trends

Date: Dec 4, 2024

Revisiting Section 397 CrPC: Boundaries, Balances, and Judicial Trends Introduction Section 397 of the Code of Criminal Procedure, 1973 (“CrPC”) constitutes the fulcrum of the Indian revisional...

Analysis of Section 45 of the Insurance Act, 1938

Date: Dec 4, 2024

An Analysis of Section 45 of the Insurance Act, 1938: Balancing Insurer's Rights and Policyholder Protection in India Introduction Section 45 of the Insurance Act, 1938 (hereinafter "the Act") stands...

The Multiplier Method in Indian Motor Accident Injury Compensation Law

Date: Dec 4, 2024

The Multiplier Method in Indian Motor Accident Injury Compensation Law: Principles, Evolution, and Application Introduction The determination of 'just compensation' in motor accident claims,...

Analysis of Section 249 of the Code of Criminal Procedure, 1973

Date: Dec 4, 2024

An Exposition of Section 249 of the Code of Criminal Procedure, 1973: Discharge of Accused upon Complainant's Absence in Warrant Cases Introduction The Code of Criminal Procedure, 1973 (hereinafter...

Dismissal of Complaint under Section 204(4) CrPC: Procedural Finality, Remedies, and Jurisprudential Trends

Date: Dec 4, 2024

Dismissal of Complaint under Section 204(4) CrPC: Procedural Finality, Remedies, and Jurisprudential Trends Introduction Section 204 of the Code of Criminal Procedure, 1973 (“CrPC”) governs the...

Section 52 of the Court-Fees Act: Appellate Valuation, Interest, and Costs

Date: Dec 4, 2024

Section 52 of the Court-Fees Act: Appellate Valuation, Interest, and Costs 1. Introduction Section 52 of the Court-Fees Act is the principal charging provision for appeals in most Indian States. It...

Delay Defeats Equity: The Doctrine of Laches in Indian Constitutional and Civil Jurisprudence

Date: Dec 3, 2024

Delay Defeats Equity: The Doctrine of Laches in Indian Constitutional and Civil Jurisprudence Introduction The equitable maxim “vigilantibus non dormientibus jura subveniunt”—the law aids the...

Maintenance for Major Unmarried Daughters in India: A Jurisprudential Analysis

Date: Dec 3, 2024

Maintenance for Major Unmarried Daughters in India: A Jurisprudential Analysis Introduction The Indian legal system, through a combination of secular statutes and personal laws, addresses the...

Section 207 of the Rajasthan Tenancy Act: Jurisdictional Bar and Contemporary Judicial Discourse

Date: Dec 3, 2024

Section 207 of the Rajasthan Tenancy Act: Jurisdictional Bar and Contemporary Judicial Discourse Introduction Section 207 of the Rajasthan Tenancy Act, 1955 (“the 1955 Act”) constitutes the statutory...

The Arc of Liberty: A Jurisprudential Analysis of the Rights of Arrested Persons in India

Date: Dec 3, 2024

The Arc of Liberty: A Jurisprudential Analysis of the Rights of Arrested Persons in India Introduction The power of arrest represents one of the most significant intrusions by the State into the...

Cheating by Personation under Section 419 IPC: Contemporary Jurisprudence and Emerging Issues

Date: Dec 3, 2024

Cheating by Personation under Section 419 of the Indian Penal Code: Contemporary Jurisprudence and Emerging Issues 1  Introduction Section 419 of the Indian Penal Code, 1860 (“IPC”) prescribes...

Section 345A of the Delhi Municipal Corporation Act, 1957: Scope, Limitations, and Jurisprudential Evolution

Date: Dec 3, 2024

Section 345A of the Delhi Municipal Corporation Act, 1957: Scope, Limitations, and Jurisprudential Evolution Introduction Section 345A, inserted into the Delhi Municipal Corporation Act, 1957 (“DMC...

An Analysis of Section 70 of the Code of Criminal Procedure, 1973

Date: Dec 2, 2024

An Analysis of Section 70 of the Code of Criminal Procedure, 1973: Form, Duration, and Judicial Scrutiny of Warrants of Arrest in India Introduction The Code of Criminal Procedure, 1973 (CrPC)...

The Law of Defreezing Bank Accounts in India

Date: Dec 2, 2024

The Law of Defreezing Bank Accounts in India: Procedural Imperatives and Judicial Recourse Introduction The power of law enforcement agencies to freeze bank accounts is a critical tool in the...

Evidentiary Implications of Non-Production of Weapon of Offence in Indian Criminal Trials

Date: Dec 2, 2024

Evidentiary Implications of Non-Production of the Weapon of Offence in Indian Criminal Trials 1. Introduction The physical production of the weapon allegedly used in the commission of an offence has...

Gross Miscarriage of Justice in Indian Law

Date: Dec 2, 2024

Understanding Gross Miscarriage of Justice in Indian Jurisprudence: A Comprehensive Analysis Introduction The concept of "gross miscarriage of justice" serves as a critical benchmark in the...

Testimony of Witnesses Unable to Speak: An Analysis of Indian Jurisprudence

Date: Nov 29, 2024

The Competency and Examination of Witnesses Unable to Speak in Indian Law Introduction The Indian legal system, founded on the principles of justice and fair play, mandates that all relevant evidence...

The Station Diary in Indian Criminal Jurisprudence

Date: Nov 29, 2024

The Station Diary in Indian Criminal Jurisprudence: A Comprehensive Analysis Introduction The Station Diary, also known as the General Diary or 'Roznamcha' in vernacular parlance, is a fundamental...

Analysis of Sections 363 & 366 IPC

Date: Nov 29, 2024

An Analytical Exposition of Sections 363 and 366 of the Indian Penal Code: Judicial Interpretation and Application Introduction Sections 363 and 366 of the Indian Penal Code, 1860 (IPC) are pivotal...