Droit Penale NewsLetter

The author of this blog is   Prabhat Yadav ,   student of 2nd  year BA LLB (Hons) ,  SGT UNIVERSITY, GURUGRAM                                                              The DM Act was passed by the government of India in 2005 for the efficient management of disasters and other matters connected to it or incidental. However it came into force in January 2006.It contains total 79 sections. The Objective of this Act is to manage disasters, including preparation of mitigation strategies, capacity-building and more. Definition of a “disaster” in Section 2 (d) of the DM Act states that a disaster means a “catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes and which results in substantial loss to human life , sufferings ,damage to property , environment in such a way that is beyond the coping capacity of the community of the affected area. Major Features of this Act:  Agency: The Act designates the Ministry of Home Affairs as the nodal m

The author of this blog is   Prabhat Yadav ,   student of 2nd  year BA LLB (Hons) ,  SGT UNIVERSITY, GURUGRAM              Introduction The expression trial isn't described withinside the Criminal Procedure Code. It is an exam of evidence in the courtroom for deciding whether the person is guilty of the crime or not. A judicial examination in accordance with law of land of a cause either civil or criminal of the issues between the parties, before a Court that has perfect jurisdiction .  Touching its Historical Background  The first case which took place in 1665, was of a British woman Ascentia Dawes who was accused for the murder of her slave girl. The beginning of the case became the end of Jury Trials by the case of K.M. Nanavati v. State of Maharashtra . With the evolution of the East India Company into the Indian subcontinent, the machine of jury trial changed into divided into parts, first changed into withinside the presidency cities of Bombay, Calcutta and Madras and the oth

The author of this blog is   Amit Kumar ,   student of 2nd  year BA LLB (Hons) ,  SGT UNIVERSITY, GURUGRAM              Art 22: No person shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult and to be defended by, a legal practitioner of his choice. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for such journey from the place of arrest to the court of the magistrate and no person shall be detained in custody beyond the said period without the authority of the magistrate. Nothing in clauses (1) and (2) shall apply- to any person for the time being an enemy alien to any person who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorize the detention of any person for a period longer

  The author of this blog is  Vishakha Gupta,  student of 4th year, BBA LLB,  CPJCHS, SOL affiliated to GGSIPU The term hostile witness has been derived from Common Law, where it had been introduced to supply adequate safeguards against witnesses that, by providing hostile evidence, ruin the explanation for the party calling them. This was viewed as not only to be hurtful to the parties but also to the courts whose function is to satisfy the ends of justice Hostile witness is a witness at trial whose testimony on direct examination appears to be contrary to the legal position of the party, also known as adverse witness or unfavorable witness. In simple words, a  witness who is so adverse at the trial to the party who called or can be cross-examined as though called to testify by the opposing party.   Concept of hostile witness also explained by the Supreme Court in a case Sat Paul v. Delhi Administration The court, during this case, held that an adverse witness is that the one who isn

  The author of this blog is   Jatin Kumar ,   student of 2nd  year BA LLB ,  SGT UNIVERSITY, GURUGRAM              INTRODUCTION Every person in India has their own basic rights which are with you since you were born which he entitled to for instance, such as right to freedom, right to live a life, etc. Same as that every country has certain rights for their citizens which are perfectly fair without any harm in the essence of brotherhood and good conscience such as right to equality, right to education, right to life right to freedom of religion, etc. But if any person got arrested or detained under any criminal case then in this case all the rights can get surrender. Although an accused also has certain rights.  The whole legal system of India is totally stood upon the principle which says, ‘ one is considered innocent until proven guilty’ . These rights are given to an accused so that if he is not guilty and want himself free from all the charges, he can use these rights. This is bec