Indian Journal Of Legal Review Issn 2583 2344

Author: PRASANNASRI26092001

  • ANALYSIS OF POLICE SYSTEM IN INDIA WITH COMPARISON TO OTHER COUNTRIES

    Tavleen Kaur & Vinayak Sonkar, 
    Student at University of Petroleum and Energy Studies

    ANALYSIS OF POLICE SYSTEM IN INDIA WITH COMPARISON TO OTHER COUNTRIES

    Best Citation : Tavleen Kaur &Vinayak Sonkar, ANALYSIS OF POLICE SYSTEM IN INDIA WITH COMPARISON TO OTHER COUNTRIES, 2 IJLR 79 (2021)

    Abstract

    The police force is one of society’s most prominent institutions. As a result, police officers are the government’s most visible representatives. When a citizen is in a time of need, danger, crisis, or trouble and is unsure what to do or whom to contact, the police station and a police officer are the most appropriate and approachable unit and person for him. Any current societal police force is expected to be the most accessible, engaging, and dynamic organisation. On the one hand, their tasks, functions, and responsibilities in society are diverse and multifaceted; on the other, they are difficult, knotty, and convoluted. The dual tasks that the police are supposed to fulfil in a society are generally speaking, the upholding of law and the maintenance of order. However, the repercussions of these two responsibilities are extensive, resulting in a massive inventory of the police organization’s duties, functions, powers, roles, and responsibilities. Policing is one of the most crucial responsibilities that each sovereign government performs. For the state apparatus, the police are an unavoidable organ that ensures peace and order, as well as the first link in the criminal justice system. On the other hand, for the average citizen, the police force is a representation of authority’s brute power while also serving as a deterrent to crime. The uniform that police officers wear gives them a corporate identity; the average man recognises, differentiates, and awes him because of the same uniform. However, it has been seen that unfavourable press coverage of a citizen’s bad experience with the police, particularly coverage that escalates to the level of a public scandal, can quickly derail an officer’s efforts to foster a positive relationship with the public. Today’s police executives generally believe that public support is critical for the credibility of the police as well as their ability to effectively combat crime. While data reveals that the majority of people support the police and are content with how they carry out their tasks, it also shows that not all parts of society hold the same positive views.

    Key words: Police, Police system, roles and duties, society ,impact, Cognizance, Non-cognizable and cognizable offences

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  • CASE COMMENTARY – S.P.S.RATHORE VS CBI & ANR.

    YAZHINI.S,
    Student at THE TAMILNADU Dr. AMBEDKAR UNIVERSITY

    CASE COMMENTARY – S.P.S.RATHORE VS CBI & ANR.

    CASE NAME : S.P.S.RATHORE VS CBI & ANR.2016
    CITATION : CRIMINAL APPEAL NO.2126 OF 2010
    CORAM: HON’BLE MR.V.GOPALA GOWDA & HON’BLE MR.R.K. AGARWAL
    APPELLANT :S.P.S. RATHORE
    RESPONDENT : C.B.I.& ANR
    PROVISIONS INVOLVED : SECTION 354 OF IPC

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  • HONOUR KILLING: a dark side of North India!

    Khushi Sharma, BBALLB Student

    HONOUR KILLING: a dark side of North India!

    Best Citation – Khushi Sharma, HONOUR KILLING: a dark side of North India!, 2 IJLR 62 (2021)

    Abstract

    Honour killings are the brutal act of killing done by families of the family member who is said to have brought shame on the name and honour of the family. According to the data obtained from the United States, out of 5000 cases of honour killing reported internationally, 1000 are from our country India. Whereas the NGOs claim that actual rate is four times this figure I.e. 20,000 cases each year internationally. The patronage of the family and community and lenient laws are the reasons the result of which is the frequent trend of honour killings. This inhuman act also possess socio-cultural legitimacy giving the excuse that it is required for maintaining honour and cultural values in the community. As per the Report on Human Rights Practices for 2019, the most number of honour killing cases are from the northern India especially in states like Punjab, Uttar Pradesh, Haryana and Rajasthan. The major reasons of honour killing are the intolerance of the families to the premarital affairs and matrimonial choices of the females in the family. Offence like honour killing is a result of the State’s inability to protect the fundamental rights of its citizens. Honour killings are the violation of the basic human rights and fundamental rights of a person and state is in urgent need to make ways for protecting the victims from such violation. This paper deals in understanding honour killing, its triggers and reasons and the laws which are there to prevent honour killing in India.

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  • BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR

    Ankit Ujjwal,
    Student at School of Law, University of Mumbai

    BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR

    Best Citation – Ankit Ujjwal, BALANCING FREEDOM OF SPEECH AND MEDIA TRIAL: NEED OF THE HOUR, 2 IJLR 39 (2021)

    ABSTRACT

    In the early years of the Constitution, the Supreme Court considered that the excessive license fee for starting a newspaper was constitutionally invalid. Subsequently, in the very first decade, it was held that the Wage Board imposing an intolerable burden on a media organization, would offend the Right to Free Speech. The role of media has gained utmost importance in today’s socio-economic world especially in country like India and we all believe that “Media” is the fourth pillar of Indian Democracy. An accused is entitled to a free and fair trial and is presumed to be innocent till proven guilty by a Court of law under Criminal Jurisprudence. However, media on account of extreme coverage and crosses its limits and publishes and covers interviews of witness or relative of a victim and prejudges the issue of conviction of the accused while the matter is pending for adjudication in a court of law. This has a tendency to prejudice the mind of Court, prosecutor and general public at large. Therefore, balancing between the two fundamental rights has become certain and the time has arrived that Courts should give appropriate directions with regard to reporting of matters which are sub judice.

    KEYWORDS- Free Speech, Role of Media, Judiciary, Censorship, Journalism, Fundamental Right

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  • Extension of Legal Aid correspondent to DPSP and other Acts/Articles

    Chatari Aarthi,
    STUDENT, NALSAR UNIVERSITY OF LAW, HYDERABAD

    Extension of Legal Aid correspondent to DPSP and other Acts/Articles

    Best Citation – Chatari Aarthi, Extension of Legal Aid correspondent to DPSP and other Acts/Articles, 2 IJLR 29 (2021)

    Abstract

    After India’s Independence in 1947, the makers and planners of the country felt that the linguistic minorities should be offered adequate opportunities for the growth and development in socio-political arenas. Linguistic minorities were offered a set of economic, educational, linguistic rights for the preservation of their rich culture. This paper seeks to explore the several legal aid incentives aimed at the tribes and minorities present in India. The Constitution of India, through Fundamental rights and Directive principles, ensure that linguistic difficulties don’t hinder the process of legal services. Bodo Accord, Legal Services Authorities Act 1987, Income Tax Act 1961 and other provisons are closely examined. In addition to this, organizations like Tribal Civil and Criminal Legal Assistance (TCCLA) that work for these causes and the harsh realities faced by them.

    Keywords: DPSP, Legal Aid.

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  • CRIMINAL VICARIOUS LIABILITY OF CORPORATIONS: A PRAGMATIC VIEW IN LIGHT OF THE CORPORATE FRAUDS

    NIDHI NANDE, STUDENT, SYMBIOSIS LAW SCHOOL PUNE.

    CRIMINAL VICARIOUS LIABILITY OF CORPORATIONS: A PRAGMATIC VIEW IN LIGHT OF THE CORPORATE FRAUDS

    Best Citation – Nidhi Nande, CRIMINAL VICARIOUS LIABILITY OF CORPORATIONS: A PRAGMATIC VIEW IN LIGHT OF THE CORPORATE FRAUDS, 2 IJLR 15 (2021)

    Abstract

    We live in a society that is governed by interaction between various laws and rules. One of the major controversies from the interaction between two laws that has emerged from time immemorial but still remains disputed is the principle of Criminal Vicarious Liability’s application to the company law. With all the differences in the opinions of jurists and scholars, the author in this paper aims to analyze the principle of Criminal Vicarious Liability for corporations from a pragmatic view considering the growing number of corporate frauds and the issue of fixing the liabilities in such instances. The paper also analyzes the concept from a global perspective by doing a benefit analysis of foreign models to the Indian scenario. Another part of the paper deals with an empirical research based on a survey from various professionals regarding the state of law in practical scenario. The main question that the paper aims to analyze is the cases of implementing vicarious criminal liability to corporations and how have the famous corporate frauds helped evolving the clear concept of vicarious liability for corporations.

    Keywords- Corporations, Vicarious Liability, Corporate Criminal Liability, Corporate Frauds

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  • CRITICAL ANATOMIZATION OF THE BANKING OMBUDSMAN SCHEME WITH COMPARATIVE ANALYSIS TO BANKING CODES AND STANDARDS

    Nidhi Nande, Student, Symbiosis Law School Pune.

    CRITICAL ANATOMIZATION OF THE BANKING OMBUDSMAN SCHEME WITH COMPARATIVE ANALYSIS TO BANKING CODES AND STANDARDS

    Best Citation – Nidhi Nande, CRITICAL ANATOMIZATION OF THE BANKING OMBUDSMAN SCHEME WITH COMPARATIVE ANALYSIS TO BANKING CODES AND STANDARDS, 2 IJLR 1 (2021)

    ABSTRACT

    In the contemporary banking sector, excellence in customer care services is the most crucial tool for growth and development. In order to utilize this opportunity, the banking ombudsman scheme was introduced by the Reserve Bank of India to resolve the customer’s grievances. To further protect the interests of the customers, Banking Codes and Standards Board of India was setup as an autonomous body to formulate standard codes and guidelines for the banks to provide fairness in the customer services. Irrespective of all these efforts, there are still certain prevailing conditions which cause improper, unfair and delayed redressal to the consumer’s complaints. The paper analyzes the two mechanisms in detail along with criticizing both to improve their implementations. It also focuses on comparatively analysing both the concepts to reach a fair view. The paper also includes special emphasis on case study of Axis bank for the implementation of the scheme. The paper concludes by indentifying the shortcomings and providing necessary recommendations.

    KEYWORDS- Banking Ombudsman Scheme, Banking Codes and Standards Board of India, Axis Bank, Awareness, Comparison

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  • A BROAD PERSPECTIVE ON CAPITAL PUNISHMENT

    M ELAVENIL , GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TNDALU 

    A BROAD PERSPECTIVE ON CAPITAL PUNISHMENT

    Best Citation – M Elavenil, A Broad Perspective on Capital Punishment, 1 IJLR & 32 (2021)

    Abstract

    “Capital Punishment” or “Death Penalty” is the highest level of punishment awarded in any society or democracy to maintain law and order. But killing another human being in the name of justice is no better than murdering someone. We should focus on eliminating the crime not the criminal. China is the only country in the world where the practice of death penalty is still at its peak with over 1000 executions every year, whereas in India the doctrine of “Rarest of the Rare” is followed and often the death sentence gets commuted to life imprisonment. But still India has executed a total of 4 criminals from the period of 2002 to 2015. Both the countries have various similarities in the procedure and law of capital punishment. We are no one to decide who gets to live and who gets to die. Therefore instead of hanging someone to death we should adapt a different approach i.e. the reformative approach so that one could improve himself and can live peacefully thereafter. This paper will discuss current scenario of capital punishment in India and how it still longs here.

    KEYWORD: Capital Punishment, Indian Penal Code, United Nations, Human Rights.

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  • AAYA RAM GAYA RAM POLITICS IN 21st CENTURY

    BHUVANESWARI. R , GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TNDALU

    AAYA RAM GAYA RAM POLITICS IN 21ST CENTURY

    Best Citation – Bhuvaneswari. R, Aaya Ram Gaya Ram Politics In 21st Century, 1 IJLR & 27 (2021)

    ABSTRACT

    Election are the formal process of selecting a person for public office. Elections are conducted to choose a representative by the population on their behalf. Elections were conducted in free and fair manner in order to vote freely and to free representation of people. In 1967 the famous phrase “Aaya Ram Gaya Ram[1]” was coined into Indian politics and continued for a decade in different states. The Anti Defection law is contained in the 10th schedule of the Constitution. The Anti Defection Law has been enacted in the year 1985 in order to curb defection. It tries to provide stable government by ensuring the legislators do not switch sides and reduce governments to a minority mid-way during their tenure. In this paper I discuss about Today politics trends and Anti defection law’s current scenario.

    KEYWORDS: Election, Politics, Anti Defection, 10th Schedules.

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  • ANALYSIS OF ALLOTTEE’S STATUS IN REAL ESTATE SECTOR

    A. Swathi,
    GOVERNMENT LAW COLLEGE, TIRUCHIRAPPALLI, TNDALU

    ANALYSIS OF ALLOTTEE’S STATUS IN REAL ESTATE SECTOR

    Best Citation – A. Swathi, Analysis of Allottee’s Status In Real Estate Sector, 1 IJLR & 16 (2021)

    ABSTRACT

    This paper is aimed at examining the present status of allottees in the real estate sector in India and the remedies available to them under various laws. This paper mainly deals with the status of the allottees in the RERA Act. Under this Act, Allottees means a person to whom the apartment, building or plot is being sold or allotted by the promoter for consideration. It has been enacted with the primary purpose of protecting the homebuyers from the defaults committed by the developers in the real estate sector. Furthermore, this paper analyses the remedies available to the allottees under other laws like, the consumer protection Act, under this the homebuyers can avail the remedies as a consumer and also in IBC, the homebuyers have the liberty to initiate insolvency proceedings as a financial creditor. Though different types of remedies are available under the above-mentioned laws, homebuyers are still facing problems relating to the speedy disposal of cases. And also, the homebuyers are always confused about which the appropriate forum is and which provides better and speedy remedies to them. The scope of study is limited to the role of allottees in the RERA Act and the impact of various laws on allottees in the real estate sector in India.

    KEYWORDS: Allottees, consumers, financial creditors, developers and real estate sector.

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