Double Jeopardy In India: Incomplete And Inconsistent?

The rule of double jeopardy has a plethora of definitions attached to it and finds its roots in the English Common Law rule of 'Nemo Debet Vis Vexari', meaning “a man must not be put in peril twice for the same offence”, essentially aiming to prevent a person from being punished twice for the same offence. This rule some may say is devoid of origin due to its multiplicity of roots and citations in legal history. It is said to have always existed as if it were part of the natural law...

Freedom Of Speech V. Disabling Humor: Navigating Disability Portrayal In Media And Beyond

“Meri ek taang nakli hai….main hockey ka ek acha Khiladi thaa…..” this monologue from the 2007 movie 'Welcome' invited hysterical laughter during that time. Even today it is considered comic relief by many who continue to use this as a meme template. But as time passes and the audience begins to mature a slow realization is beginning to sink in about its problematic nature. This is not the only example and probably not even the last. From Lucky's speech disability in the Golmal series to...

Patent Illegality As A Ground Of Judicial Intervention In Arbitration

An arrangement between parties wherein one or more arbitrators settle disagreements and render legally binding rulings is known as arbitration [1]. It provides the parties with a private dispute resolution process as an alternative to the tiresome and drawn-out legal procedure. Steps have been taken at both the national and international levels to preserve arbitration's independence as a dispute resolution process by reducing the amount of judicial review of arbitration rulings. The ...

An In-Depth Analysis Of Public Examinations (Prevention Of Unfair Means) Act, 2024

On 21st June Union government announced the enforcement of the Public Examination (Prevention of Unfair Means ) Act, 2024 by releasing a statement: “In exercise of the powers conferred by sub-section (2) of Section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June 2024, as the date on which the provisions of the said Act shall come into force.” This act was passed by Parliament on 9th of February...

Introduction Of BNSS: A Step Forward Or Backward

The three new criminal laws introduced in the 'Amritkal' of Indian democracy have sparked both, a sense of apprehension as well as preparedness in the legal community. It has sparked debate among the legal and civil rights activists over certain “retrograde provisions” as well as certain “ambiguous provisions”. This article examines the intricacies of the newly introduced criminal procedural law and underscores the impact of the modifications introduced under it. The new laws bring...

Addressing Applicability Of Consumer Protection Act On Advocates

Customers' interests are protected in India under the Consumer Protection Act, 1986 (“hereinafter referred to as “the act”). It creates consumer rights and offers a structure for consumer complaints to be resolved by establishing consumer forums and federal, state, and local courts. This law covers unfair commercial practices, product flaws, and inadequate services. Since its inception, there have been various professions and activities which have been in a grey area, regarding whether...

India's Whistle Blower Protection Act: A Beacon of Hope Or A Work In Progress?

Whistleblowing is a vital mechanism for upholding transparency, integrity, and accountability within organizations. It involves the disclosure of any illegal, unethical, or otherwise inappropriate information or activities within an organization. Typically, individuals, often current or former employees, make these disclosures to entities or individuals with the authority to address the issues. In India, whistleblowing has increasingly garnered attention, especially in light of prominent...

From Policies To Practice: Women In India Redefine Roles And Drive National Progress

“The day will come when man will recognize woman as his peer, not only at the fireside but in councils of the nations. Then and not until then, will there be the perfect comradeship, the ideal union between sexes that shall result in the highest development of the race.” – Susan B. AnthonyFrom caregivers to leadership positions, women in India are challenging traditional gender roles, echoing the global movement to redefine societal expectations. India, with the aim to become the third-largest...

No More Misleading Ads: Centre Mandates Self-Declaration Certificate For Advertising Agencies

An advertisement is considered misleading when it misleads people from reality and influences their behaviour toward purchasing a product or service from the market. Recently, the Supreme Court took a step to stop misleading ads by advertising agencies. As per the Indian Medical Associations & Anr. Vs. Union of India & Ors. 2022, Advertising companies must provide a self-declaratory certificate to the competent authority before any content (Advertisement) is displayed, as per the...

Guardians Of Virtual Realm: Navigating Cyber Laws And Safeguarding Data Privacy For Silenced Voices

When we speak of cyber frauds, the first thing which strikes our mind is cyber laws, throughout the time these laws have protected us from various cyber frauds but on many instances, we have seen that some people have suffered the wrath of cybercrimes. It is essential to examine various cyber laws, nature and extent of cybercrimes committed against individuals. To deal with this a series of laws has been formulated. The first cyber law dates back to 2000 which had been adjusted with...

A Primer On Avoidance Transactions Under Insolvency And Bankruptcy Code

Corporate insolvency and bankruptcy are critical issues that impact the financial stability and operational viability of businesses. In India, the Insolvency and Bankruptcy Code, 2016 (“Code”) serves as a comprehensive framework to address insolvency and ensure timely resolution. During insolvency or liquidation proceedings, the primary goal is to maximize the recovery of assets of the Corporate Debtor and distribute them fairly among stakeholders, ensuring that creditors are paid in...

Examining Public Examinations (Prevention Of Unfair Means) Act: Does It Pass Critical Lens?

They say a single piece of paper cannot decide your future. In India, quite the opposite is true. The frequent rumours of paper leaks, malpractices at the examination center, discrimination with the candidates, etc., with regard to public examinations, have marred even the little faith in the testing agencies. With the recent rising controversies in the National Eligibility-cum-Entrance Test (NEET) UG-2024, the focus is steered towards public examinations in general. To what extent are the...