28TH CONSTITUTIONAL AMENDMENT OF INDIA

The Indian Constitution is a revered document encompassing the rules and regulations which govern the Union of India. The lengthiest constitution in the world, it came into existence after India gained independence. With the passage of time, the need to bring an alteration to certain rules inculcated in the constitution was felt, which naturally led... Continue Reading →

KYC: Maintainence and Preservation of Record

KYC or ‘Know Your Customer’ is systematic mechanism devised by the Government to try and bring a halt to the financial crimes as well as the illegal practise of money laundering under the Prevention of Money Laundering Act of 2002. It entails a mandatory procedure for the proper verification of the client/customer’s identity and their... Continue Reading →

Money Laundering-Attachment, Seizure, Confiscation of Property

Money laundering can be appropriately described as an activity, deemed illegal as per the law of the land, which involves the intentional covering-up of the money and its forging, which has been obtained from illicit activities like corruption, trafficking of drugs, gambling, illegal trading, prostitution rings, sale of arms and weapons etc. The individuals involved... Continue Reading →

THE 29TH CONSTITUTIONAL AMENDMENT OF INDIA

29th CONSTITUTIONAL AMENDMENT The thirty-second amendment bill, enacted as the Twenty-Ninth constitutional amendment in India’s twenty-third year as a republic, was authorized in the year 1972. In a nutshell, the 29th constitutional amendment is known for the addition of Kerala acts centering on land reforms to the ninth schedule of the Indian Constitution. It added two acts... Continue Reading →

KYC NORMS: OBLIGATIONS AND THE RULES TO BE FOLLOWED

KYC or ‘Know Your Customer’ can be appropriately termed as a substantial tool employed by the banks to either prevent or eradicate the crimes related to finance as well as the laundering of money. It entails a compulsory verification process on the part of the banks or any other institutions related to any financial activities... Continue Reading →

FINANCIAL INTELLIGENCE UNIT OF INDIA: PROCEDURE OF CRACKDOWN ON MONEYLAUNDERING

Established in the year 2004, on November 18, the Financial Intelligence Unit (FIU-IND) is a subsidiary of the India’s Ministry of Finance. The FIU-IND is tasked with the responsibility of gathering information and facts about the offenses which fall under the category of money laundering as per the Indian laws. It communicates all its findings... Continue Reading →

Freezing of Assets under Section 51 A of Unlawful Activities Prevention Act, 1967: A means of deterring the terrorist activities in India

UAPA, 1967, that is the Unlawful Activities Prevention Act is a legislation dating back to fifty years. The act was legislated for the competent determent of unlawful and illegal activities including that of terrorist activities which are harmful to the integrity, sovereignty and the safety of India. The act has withstood major amendments in the... Continue Reading →

SALIENT FEATURES OF THE 30TH CONSTITUTIONAL AMENDMENT

The Constitution of India, over the span of several years has been subjected to several constitutional amendments with the sole motive of keeping the revered document updated and in accordance with the developing times. The 30th Constitutional Amendment is one such modification among the long list of 105 amendments. The bill was passed on 8th May, 1972... Continue Reading →

Justice Vyas Dev Misra: A zealot for justice 

With a considerable number of judgments embellishing his decades long career in the legal field, Justice Vyas Dev Misra was a hidden gem among the long list of Justices who graced the Indian Legal system with their conscientious and insightful minds. Acclaimed for an intrepid and a courageous personality, it would not be far fetched... Continue Reading →

AN ANALYSIS OF SUMMARY TRIALS: SECTIONS 260 TO 265

Summary trial cases are conducted with an objective to save time. Where certain petty and trivial cases are concerned including summons cases as well as a few of warrant cases, Section 260(1) of the Criminal Procedure Code provides the Magistrate with quite a wide discretion to try these cases summarily. The Law Commission in its... Continue Reading →

PROTECTON AGAINST ARREST AND DETENTION: ARTICLE 22

Article 22 states that there are certain procedural requirements which are necessary to be adopted in all the procedures which are executed by the legislature. If the legislature fails to comply with them, it is considered to be a deprivation of personal liberty. Article 22 deals with two distinct matters: People arrested under ordinary law... Continue Reading →

A GENERAL INTRODUCTION TO ENVIRONMENTAL CRIMES

The Environment (Protection) Act, 1986, defines environment as, environment includes water, air and land and the interrelationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property. It is quite an inclusive and not an exhaustive definition. With the passage of time, environment degradation is a... Continue Reading →

DOCTRINE OF SEVERABILITY

The doctrine of severability or separability as per the interpretations of Indian Judiciary implies that if the Constitution contains a provision which is offending in nature, then the entire provision cannot be struck down and declared as void. Only the part of the provision which is offending is considered void. The basic objective of this... Continue Reading →

BAIL IN A BAILABLE CASE: SECTION 436

In bailable offences, the right to claim a bail is considered to be inexpugnable and infallible. If in a bailable offense, the accused wishes to take a bail, then he cannot be refused and neither the Police nor the Court can deny it to him and are bound to release him since due to Section... Continue Reading →

HEARSAY EVIDENCE

Hearsay evidence can be described as secondary evidence of an oral statement. The evidence that is presented before the Court can be categorized as original and unoriginal. Unoriginal evidence is also called hearsay, derivative or transmitted evidence. It is the one which a witness merely reports on the basis of not what he saw himself... Continue Reading →

ABETMENT OF SUICIDE: SECTION 306

An attempt to commit suicide is punishable under Section 309 of the Indian Penal Code. An abetment to commit suicide has also been made punishable under Sections 305 and 306. Section 305 deals with abetment of suicide specifically for people with a disability. The Indian Penal Code has set a comparatively more severe punishment as... Continue Reading →

ANALYSING CRIMINAL CONSPIRACY: SECTION 120A AND 120B

Sections 120A and 120B, as a part of Chapter Seven, were added to the Indian Penal Code by the Criminal Law Amendment Act of 1913 with the view to overcome the gaps in Section 107, IPC which defines abetment. The addition of these two sections to the code has now made the commission of an... Continue Reading →

DIFFERENTIATING BETWEEN PREPARATION AND ATTEMPT OF CRIME

The law dealing with attempt of crime is fused with enigmatic intricacies. The law at present is influenced by various factors which contribute to its unusual and indecisive nature. The factors are: Where inchoate crimes are concerned, there is a lack of explicit and definite legislative definitionIn view of the current penal policy relating to... Continue Reading →

SEARCH WARRANT

A search warrant in its most general sense refers to a written authority or permission given to an officer of the police force by a Magistrate of a competent authority for conducting a search through a place either ordinarily or a search for specified object or document or for an individual who’s been allegedly illegally... Continue Reading →

EVIDENTIARY VALUE OF ACCOMPLICE EVIDENCE

The word ‘accomplice’ has not been properly defined under the Indian Evidence Act but it refers to a person who is a guilty associate and has either been convicted or has confessed his guilt in relation to a charge or a trial. An accomplice can also be a person who had made an admission that... Continue Reading →

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