Capital Punishment In India
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Capital Punishment In India
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution as given under Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is awarded only in the 'rarest of cases'. Currently, there are around 488 prisoners on death row in India. The most recent executions in India took place in March 2020, when the four 2012 Delhi gang rape and murder perpetrators were executed at the Tihar Jail in Delhi. History In the Code of Criminal Procedure (CrPC), 1898 death was the default punishment for murder and required the concerned judges to give reasons in their judgment if they wanted to give life imprisonment instead. By an amendment to the CrPC in 1955, the requirement of written reasons for not imposing the death penalty was removed, reflecting no legislative prefer ...
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Ministry Of Law And Justice (India)
The Ministry of Law and Justice in the Government of India is a cabinet ministry which deals with the management of the legal affairs, legislative activities and administration of justice in India through its three departments namely the Legislative Department and the Department of Legal Affairs and the Department of Justice respectively. The Department of Legal Affairs is concerned with advising the various Ministries of the Central Government while the Legislative Department is concerned with drafting of principal legislation for the Central Government. The ministry is headed by Cabinet Minister of Law and Justice Kiren Rijiju appointed by the President of India on the recommendation of the Prime Minister of India. The first Law and Justice minister of independent India was Dr. B. R. Ambedkar, who served in the Prime Minister Jawaharlal Nehru's cabinet during 1947–51. History Ministry of law and justice is the oldest limb of the government of India dating back to 1833 wh ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ...
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Special Leave Petitions In India
Special Leave Petitions in India (SLP) holds a prime place in the Judiciary of India, and has been provided as a "residual power" in the hands of Supreme Court of India to be exercised only in cases when any substantial question of law is involved, or gross injustice has been done. So It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India (except military tribunal and court martial) The Constitution of India under Article 136 vests the Supreme Court of India, the apex court of the country, with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India. It is to be used in case any substantial constitutional question of law is involved, or gross injustice has been done. It is discretionary power vested in the Supreme Court of India and the court may in ...
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State Governments Of India
State governments in India are the governments ruling over 28 states and 8 union territories of India and the head of the Council of Ministers in a state is the Chief Minister. Power is divided between the Union government and state governments. While the Union government handles defence, external affairs etc., the state government deals with internal security and other state issues. Income for the Union government is from customs duty, excise tax, income tax etc., while state government income comes from sales tax (VAT), stamp duty etc.; now these have been subsumed under the various components of the Goods and Services Tax Each state has a legislative assembly. A state legislature that has one house - State Legislative Assembly (Vidhan Sabha) - is a unicameral legislature. A state legislature that has two houses - the State Legislative assembly and State Legislative Council (Vidhan Parishad) - is a bicameral legislature. The Vidhan Sabha is the lower house and corresp ...
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Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and ''not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ex ...
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High Courts Of India
The high courts of India are the highest courts of appellate jurisdiction in each state and union territory of India. However, a high court exercises its original civil and criminal jurisdiction only if the subordinate courts are not authorized by law to try such matters for lack of pecuniary, territorial jurisdiction. High courts may also enjoy original jurisdiction in certain matters, if so designated specially by the constitution, a state or union law. The work of most high courts primarily consists of appeals from lower courts and writ petitions in terms of Articles 226 and 227 of the constitution. Writ jurisdiction is also an original jurisdiction of a high court. Each state is divided into judicial districts presided over by a district and sessions judge. He is known as district judge when he presides over a civil case, and session's judge when he presides over a criminal case. He is the highest judicial authority below a high court judge. Below him, there are courts of ...
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Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In the ...
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Geneva Convention
upright=1.15, Original document in single pages, 1864 The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war. The singular term ''Geneva Convention'' usually denotes the agreements of 1949, negotiated in the aftermath of the Second World War (1939–1945), which updated the terms of the two 1929 treaties and added two new conventions. The Geneva Conventions extensively define the basic rights of wartime prisoners (civilians and military personnel), established protections for the wounded and sick, and provided protections for the civilians in and around a war-zone; moreover, the Geneva Convention also defines the rights and protections afforded to non-combatants. The treaties of 1949 were ratified, in their entirety or with reservations, by 196 countries. The Geneva Conventions concern only prisoners and non-combatants in war; they do not address the use of weapons of war, whic ...
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Sati (practice)
Sati or suttee is a Hindu practice, now largely historical, in which a widow sacrifices herself by sitting atop her deceased husband's funeral pyre. Quote: Between 1943 and 1987, some thirty women in Rajasthan (twenty-eight, according to official statistics) immolated themselves on their husband's funeral pyre. This figure probably falls short of the actual number. (p. 182) Although it is debated whether it received scriptural mention in early Hinduism, it has been linked to related Hindu practices in the Indo-Aryan speaking regions of India which diminished the rights of women, especially those to the inheritance of property. A cold form of sati, or the neglect and casting out of Hindu widows has been prevalent in India from ancient times. Quote: Sati is a particularly relevant social practice because it is often used as a means to prevent inheritance of property by widows. In parallel, widows are also sometimes branded as witches – and subjected to violent expulsion fr ...
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Sati (Prevention) Act, 1987
Sati (Prevention) Act, 1987 is a law enacted by Government of Rajasthan in 1987. It became an Act of the Parliament of India with the enactment of The Commission of Sati (Prevention) Act, 1987 in 1988. The Act seeks to prevent ''sati'', the voluntary or forced burning or burying alive of a widow, and to prohibit glorification of this action through the observance of any ceremony, participation in any procession, creation of a financial trust, construction of a temple, or any actions to commemorate or honor the memory of a widow who committed ''sati''. ''Sati'' was first banned under Bengal Sati Regulation, 1829 The Bengal Sati Regulation, or Regulation XVII, in India under East India Company rule, by the Governor-General Lord William Bentinck, which made the practice of sati or suttee illegal in all jurisdictions of India and subject to prosecu .... References The Commission of Sati (Prevention) Act, 1987at Ministry of Women and Child Development Social law Gove ...
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Bombay Prohibition (Gujarat Amendment) Act, 2009
The Bombay Prohibition (Gujarat Amendment) Act, 2009 is an Act of Gujarat Legislative Assembly which prohibits manufacture, selling, buying or distributing of ''Laththa'' (spurious liquor). The Act defines ''Laththa'' as spurious liquor, which contains methanol or any other poisonous substances which may cause harmful or injurious effects to the human body or death of a person. The Act also makes it a punishable offence for the person involved in construction or working in any distillery or brewery making ''laththa''. The Act has a provision for death sentence or life imprisonment for those found guilty of manufacturing and selling spurious liquor in cases where those who consumed the spurious liquor have died. Vehicles seized in which the liquor is transported are auctioned and the proceeds deposited in the state government treasury. See also * 2009 Gujarat alcohol poisonings *Laththa Commission The Laththa Commission was a Commission of Inquiry appointed by the Government ...
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Army Act, 1950
The Army Act, 1950 is an Indian legislation governing military law in the Indian Armed Forces. History The Army Act 1950 was passed by the Parliament on 22 May 1950 and came into effect on 22 July 1950. References Military of India Acts of the Parliament of India 1950 Military law {{India-law-stub ...
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