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Sanath S B

student at Symbiosis Law School Hyderabad

KAFKAESQUE IN INVESTIGATION LAWS IN INDIA

Best Citation – Sanath S B, KAFKAESQUE IN INVESTIGATION LAWS IN INDIA, 1 IJLR 8, 2022.

ABSTRACT

The play “The Trial” was written by German-speaking Bohemian novelist Franz Kafka. The play starts on a fine morning of Joseph K’s thirtieth birthday, a man whom he never saw knocks and enters the bedroom and, another waits in the next room. The men informed him that he was arrested and had to remain in the room. This play is all about Joseph K, the protagonist who suffered the bewildering procedures and series of vague laws where neither the cause of his arrest nor the nature of the judicial proceedings is made clear to him. Joseph K was then summoned to meet the inspector, where again he did get to know what was happening. The inspector says that K is free to go for now and let K. continue with his work. This play revolves around a terrible situation faced by a man who is being framed and made to suffer for a mistake that he has not committed. Every trial has to be in accordance with the law, which will have to be in a justified and rational manner. But due to the irrationality in the system of law, innocent people such as the protagonist, Joseph K as portrayed by Franz Kafka had to face injustice until his death. This tale of the struggle faced by common people by the despotic administration, restricting them with their rights and an impediment to their progress in life. In this research paper, the main emphasis will be given understanding the similar struggle faced by Joseph K and problems faced by the common people under the law.

Keywords: Kafkaesque, bewildering legal system, injustice, unfair trial.

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SHWETA

Student at CENTRAL UNIVERSITY OF SOUTH BIHAR

EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA

Best Citation – SHWETA, EVALUATION OF OFFENCES AGAINST THE STATE IN INDEPENDENT INDIA, 1 IJLR 14, 2022.

ABSTRACT

This paper is aimed to review the points concerning the legal positions in democracy of Bharat with regard to criminal activities against the State. This paper is restricted in scope to the offences like waging war, misdemeanour laws Associate in Nursingd abetting war. All crimes that to that degree touching the general public order ought to be thought-about as offences against the state. the general public tranquillity is one amongst the offences which don’t seem to be solely against the person and property of a personal however conjointly an offence against the State. There are many criminal activities which are considered as the offences against the State itself i.e. treason, misdemeanour and rebellion. It starts with introduction of offences or nature of offences against the State then enlists the penal provisions concerning that offence. Afterward this paper starts with the understanding of historical context in regard to offences. From Section 121 to Section 130 of Chapter VI of the Indian Penal Code, 1860 deals with the Offences against the State. Once an oversized range of persons interact in criminal activity with a standard intention then every of the person are prone to commit the offences. These all points are mentioned further during this paper.

Keywords: Offences against the state, Sedition, Public Tranquillity, Government, Treason and Waging War.

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Anuj Chhabra

Student at RGNUL

Insider Trading Laws- Problems and its Solution in comparison with US & UK

Best Citation – Anuj Chhabra, Insider Trading Laws- Problems and its Solution in comparison with US & UK, 1 IJLR 19, 2022.

Abstract

Insider Trading Regulation is not a very old thing in India because the country has still been progressing and its regulations are always changing. India now adheres to the SEBI (Insider Trading Regulation) of 2015. Countries like the United States of America have had these rules for a long time, and as a result of the United States of America’s securities, various other countries tried to follow the same methodology and enacted Insider Regulations in their own countries. Corporations in India are also permitted to enact their own Insider Trading Regulations, which must be consistent with the Insider Trading Regulation Act. And by looking at all of these circumstances, it became clear that they needed to be examined and analyzed. This research compares and contrasts the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015, and the United States of America’s Insider Trading Legislation. It also covers the difficulties and obstacles with implementing Insider restrictions in India, as well as possible alternatives through the US as well as UK legislation.

Keywords – Insider Trading, SEBI, India, US, UK

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Anuj Chhabra

Student at RGNUL, Punjab

ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS

Best Citation – Anuj Chhabra, ISSUES SURROUNDING ADR AND THE ROLE OF INDIAN COURTS, 1 IJLR 24, 2022.

Abstract
Arbitration, which was previously seen as a viable alternative to litigation, is today plagued by the same issues of expense, delay, complexity, and reliance on legal counsel. There are still many unanswered questions about their significant success in boosting efficiency and expanding access to justice. Even if ADR’s conciliatory, understandable, and flexible methods are well-liked by participants, the efficiency improvements are minor. The examination of those cases that were challenged from the arbitration panel to the Supreme Court of India came to found out that the total expenditures of the courts and the average amount of time it takes for cases to be resolved had not decreased. The second issue is the impact of alternative dispute resolution on access to justice. In this article, I have tried to put forth some light on the issues with ADR faces, the role of the courts, and some solutions to improve the ADR mechanism in India.

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Tavleen Kaur & Vinayak Sonkar

Students at University of Petroleum and Energy Studies, Dehradun

Victims of Crimes and their Concerns under International Criminal Court.

Best Citation – Tavleen Kaur & Vinayak Sonkar, Victims of Crimes and their Concerns under International Criminal Court, 1 IJLR 28, (2022)

Abstract

In international criminal law, victims have been ignored for far too long. Most international criminal courts and tribunals established since Nuremberg to bring justice to victims of international crimes, including the ad hoc International Criminal Tribunals for Rwanda (ICTR) and International Criminal Tribunals for the Former Yugoslavia (ICTY), have failed to give victims’ concerns due consideration. The International Criminal Court’s Rome Statute affirms that “during this century (20th century), millions of children, women, and men have been victims of unimaginable crimes that deeply shock the consciousness of living beings,” and grants victims a set of legal safeguards, participation, and protective measures by adopting the International Criminal Court (ICC) Statute. The International Criminal Court (ICC) is a pioneering and complex system of justice that protects victims’ rights. Although these rights are not absolute, the Court regards victims as valid participants in its proceedings since they are entitled to the guarantees of a fair and impartial trial. Nonetheless, this approach poses a significant challenge to the Court, which it has already confronted during its preliminary investigations and at the commencement of its first case. Furthermore, victim participation in criminal processes is a relatively recent phenomena. While victim involvement as a “partie civile” in criminal procedures is common in some national jurisdictions, it is uncommon in international criminal trials. The International Criminal Court (ICC) Statute’s drafters opted to include a rather extensive victim involvement structure. Although it has been welcomed as a crucial and useful tool for allowing victims of egregious human rights violations and violations of international humanitarian law a voice, the procedural and substantive aspects are still being worked out. This paper begins with the analysis of the evolution and development of victims’ rights in international law, followed by an examination of the extent to which victims’ interests are addressed before the ICC. Attempts have been made to define and comprehend the fundamental ideas crucial to the subject, such as victim, compensation, restitution, and victim and witness protection.

Keywords: International Criminal Court, Victims , Rights of Victims ,Right to Participation , Right to Protection ,Right to Reparations.

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M.SURIYA PRIYA,
ASSISTANT PROFESSOR, SARASWATHY LAW COLLEGE, TINDIVANAM

ROLE OF JUDICIARY – JUDICIAL REVIEW AND JUDICIAL ACTIVISM – A CRITICAL ANALYSIS

Best Citation: M.SURIYA PRIYA, ROLE OF JUDICIARY – JUDICIAL REVIEW AND JUDICIAL ACTIVISM – A CRITICAL ANALYSIS, 2 IJLR 131 & (2021)

ABSTRACT

Our Indian Judiciary is a system of Courts that Interpret and apply the law. It uses the Common Law System, Inherited from the Legal system Established by former colonial powers and the princely States, as well as practices from the Ancient and Medieval Times called as Customs. Among the three Backbone of our Country’s Democracy, The Judiciary, Executive and Legislature, Judiciary Holds the Supreme Power over other which has its checks and Balance of the Executive and Legislature and inturn they should not encroach each other’s functioning having its own Individuality. The Constitution of India, 1950 is the Supreme Law of Land among all the Laws.

Keywords: Judiciary, Law, Justice, Democracy.

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R.R.VIVIN,
Student AT VIT UNIVERSITY, CHENNAI

RELIGIOUS LAW AND CRIME IN DEVELOPING/DEVELOPED NATIONS

Best Citation: R.R.VIVIN, RELIGIOUS LAW AND CRIME IN DEVELOPING/DEVELOPED NATIONS, 2 IJLR 108 & (2021)

ABSTRACT

The term “Religious Law” means any kind of customary practices/ traditions which are followed by people from centuries or an ethical code of code and moral code of conduct which are preached/practiced by the people of different religion across the globe such as Christianity follows the principles of old testament also known as biblical law, Hinduism is preached by the principles of dharma, Vedas, etc, Sikhism does not follow a particular principle but a combination of all the believes of the religions of Buddhism, Hinduism, Jainism, etc and believes that there is only one God, Jainism follows the scriptures which has listed the 5 vows anuvratas( are the lesser or limited vows namely non-violence, truthfulness, non- possession, being chastity and non-stealing , 3 gunavratas (subsidiary vows), 4 siksavratas which are the vows which gives instructions and to follow the path of discipline .If we talk about the kinds of religious laws in the world all of them are sacred in nature and teaches everyone should show respect towards the society and the individuals of the society and on the other hand, term “Religious Crimes” or can say religious offences means an activity which might affront the religious opinions or believes of people belonging to a particular religion or which might create a negative impact on them also known as “Sin” it mostly includes Blasphemy (speaking bad words). In this research paper, researcher will trace the origin of some of the religious laws and will elaborate more on the religious principles of different religions (religious laws), comparison between religious laws and secular laws, religion and crime, names of the countries giving religious freedom to it’s citizens, names of worst countries for religious freedom, examples of religious laws, countries having official state religions(State Religion Countries are those countries where one religion is been practiced by all the citizens ),Religion and Crime: Is there any correlation between the two?Countries where preaching own religion is banned, crime rates by religion(US, UK and INDIA), effects of religious practice on crime rates, role of religion in preventing risk of crime in society, how can religion reduce the crime rate, causes of religious conflicts, solutions/preventive measures to stop religious crimes, role of government in controlling religious crimes

Keywords: Religious laws, Religious crimes, countries, preached, religious freedom.

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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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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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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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