As privacy is primordial in an increasingly connected and invasive digital world, the right to protect oneself from self-incrimination of digital data is equally important. Electronic records are increasingly becoming part of evidence, but where to draw the line ? The Delhi High Court recently observed that CBi cannot coerce an accused to reveal or …
8
Mar
I increasingly come across domestic violence cases in US of immigrants esp NRI couples. Some are true and rest false. It is similar to the cases in India in this regard. Often reminds me of false Domestic violence, and dowry cases of Sec 498 A, where the provision was to safeguard the genuine victims of …
8
Mar
Often one of the spouse procures a foreign divorce decree and then question of execution of such decree arises .There are some guidelines by MEA regarding the same. In the case of Neeraja Saraph versus Shri Jayant Saraph in 1994, the Supreme Court suggested certain legislative safeguards, which include: i. No marriage between an NRI …
8
Mar
Misuse of 498A makes the genuine women victims and falsely accused men suffer Recently Calcutta High Court observed that by misusing of Section 498 A women are engaging in “Legal Terrorism” It has once more stirred the debate about the drawbacks of 498A. It is often seen that false 498 A allegations are on a …
8
Mar
The new criminal laws have few important women centric changes. Firstly, the offences related to women and children has been consolidated under chapter V of BNS Deceitful relationship : Section 69 of the BNS introduces a new offence of deceitful sexual intercourse. The Explanation accompanying this provision specifies that ‘deceptive methods’ cover scenarios such as …
8
Mar
It is a settled practice of law that transfer petition favour women. However, there are many instances where petitions favour men even if a virtual hearing is ordered. A cursory glimpse at some interesting judgements. Criminal cases under trial : transferred from one State to another only in "exceptional circumstances". The power to transfer cases …
8
Mar
There is often confusion regarding who has authority to seize and impound passport. We must first understand the difference between seizing of a document and impounding a document. The Supreme Court described that “seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not …
8
Mar
A common misconception about witness evidence ,if a witness turns hostile, the case is a lost cause. Time and again, the Hon’ble Supreme Court has held that evidence of hostile witness cannot be discarded completely. A 3-judge bench of Supreme Court in Khujji a Surendra Tiwari v. State of Madhya Pradesh observed that “the evidence …
7
Mar
Cross border custody issues are intriguing as challenges are multipronged. Recently, I came across interesting cases where tussle of cross-border child custody issue between India and US were involved. Each case comes with its unique set of facts as we dwell between jurisdiction, citizenships of parties, child’s place of ordinary residence, best interest of child …