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What are the impacts of newly added BNSS on citizens of India?
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is a landmark legislation aimed at improving the criminal justice system in India. It introduces significant reforms to enhance citizen rights under Bharatiya Nagarik Suraksha Sanhita 2023, making the legal processes more transparent, accessible aRead more
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is a landmark legislation aimed at improving the criminal justice system in India. It introduces significant reforms to enhance citizen rights under Bharatiya Nagarik Suraksha Sanhita 2023, making the legal processes more transparent, accessible and efficient.
One of the key highlights of BNSS 2023 is the incorporation of modern technological advancements to facilitate easier access to justice. Provisions like e-FIRs in India and Zero FIR benefits are designed to eliminate the obstacles that have traditionally made filing complaints difficult. These measures are complemented by enhanced legal rights in BNSS 2023 that mandate the timely provision of FIR copies and regular notifications about case progress, thereby fostering greater transparency.
However, BNSS has also increased the detention period from 15days to 90 days based on the offence. This could lead to abuse and torture of the detainee by the police.
The BNSS aims to provide more transparency and faster remedial measures for both the accused and the victim. However, the prolonged effect on the citizens will be seen in 1-2 years following the enforcement of BNSS.
See lessUNIFORM CIVIL CORD
Uttarakhand became the first state to have a UCC in March 2024. With this, experts are now anticipating when India will get a UCC. But a question as to the implications of UCC on the personal laws of Hindu and Muslim arises. Article 44 contained in part IV of the Constitution says that the state “shRead more
Uttarakhand became the first state to have a UCC in March 2024. With this, experts are now anticipating when India will get a UCC. But a question as to the implications of UCC on the personal laws of Hindu and Muslim arises.
Article 44 contained in part IV of the Constitution says that the state “shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
Looking at the codified personal laws of various communities in India — all Hindus are not governed by a homogenous personal law even after the enactment of the Hindu Code Bill, neither are Muslims and Christians under their personal laws. Originally designed to modernize and unify various aspects of Hindu personal laws such as marriage, succession, guardianship, adoption, and maintenance, the bill encountered strong resistance from traditionalist groups. As a result, it underwent multiple amendments and ultimately split into four separate acts — the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act — during the 1950s.
Likewise, uniformity in the application of Muslim personal law remains elusive, exemplified by the Shariat Act of 1937. Notably, this act does not extend to Jammu and Kashmir, where Muslims adhere to customary laws divergent from mainstream Muslim personal law in India. Furthermore, applicability varies among different Muslim sects. Additionally, many tribal communities across India, irrespective of religious affiliation, adhere to their own customary laws.
So, it is difficult to implement the UCC in a diverse country like India. The differences between the personal laws of Hindu and Muslim, difference between the customary laws of varied communities among each religion and the potential unrest it might cause, makes the drafting of UCC challenging. The legislature and the law commission will have to scrutinize the discrimination, stereotypes and the customary laws of different sects before starting with the draft of UCC.
See lessYou're preparing for which exam?
State Judicial Service I'm preparing for state level judiciary service exams. It offers prestigious position in the judiciary to the successful candidates. It is one of the highly sought after exam. It comprises of three stage selection process: Pre-liminary:- It consists of mcq based questions andRead more
State Judicial Service
I’m preparing for state level judiciary service exams. It offers prestigious position in the judiciary to the successful candidates. It is one of the highly sought after exam.
It comprises of three stage selection process:
The judiciary exam is the only way to get into the judicial system and work towards the betterment of society by providing justice.
See lessYou're preparing for which exam?
State Judicial Service I'm preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus. It comprises of a three step selection process: Pre-liminarRead more
State Judicial Service
I’m preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus.
It comprises of a three step selection process:
You're preparing for which exam?
State Judicial Service I'm preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus. It comprises of a three step selection process: Pre-liminarRead more
State Judicial Service
I’m preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus.
It comprises of a three step selection process:
You're preparing for which exam?
State Judicial Service I'm preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus. It comprises of a three step selection process: Pre-liminarRead more
State Judicial Service
I’m preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus.
It comprises of a three step selection process:
You're preparing for which exam?
State Judicial Service I'm preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus. It comprises of a three step selection process: Pre-liminarRead more
State Judicial Service
I’m preparing for state level judiciary exams. These exams offer prestigious positions in the judiciary to the successful candidates. Every state conducts its own judiciary exam with slight variations in the syllabus.
It comprises of a three step selection process:
What is the Doctrine of Severability? Discuss with the help of relevant judicial decisions.
The doctrine of severability in the Indian Constitution refers to the principle that if a part of a statute or a provision of the Constitution is found to be unconstitutional, that particular provision alone is declared invalid while the rest of the statute or Constitution remains in force. It is enRead more
forensic science and judiciary system
Forensic science is integral to the Indian criminal justice system, blending scientific methods with legal principles to ensure fair trials and accurate judgments. It encompasses various disciplines such as biology, chemistry, and physics to analyze physical evidence from crime scenes, which plays aRead more
Forensic science is integral to the Indian criminal justice system, blending scientific methods with legal principles to ensure fair trials and accurate judgments. It encompasses various disciplines such as biology, chemistry, and physics to analyze physical evidence from crime scenes, which plays a crucial role in reconstructing crimes and identifying perpetrators.
Despite its importance, the admissibility of forensic evidence has sparked legal debates in India. Article 20(3) of the Constitution protects individuals from self-incrimination, yet courts have upheld the use of techniques like fingerprinting and DNA analysis as legitimate investigative tools. The Indian Evidence Act and Criminal Procedure Code regulate the collection and admissibility of forensic evidence, particularly in cases like rape where DNA profiling is crucial.
Advanced forensic methods such as narco-analysis, despite controversy, have been used to extract statements from semi-conscious individuals. Legal challenges have questioned their reliability and ethical implications, leading to nuanced judicial rulings regarding their admissibility in court.
Sec. 53 of CrPC states that a person accused of any crime can be asked to undergo a medical examination if the officers feel that the examination can provide some evidence to the crime. In 2005, certain amendments were made in Criminal Procedure to include the examination pertaining to blood-stain, DNA profiling, semen test, swabs, etc., but it was constrictive only to the rape cases. Further Section 164A of CrPC also authorizes the medical examiner to examine the victim of the rape case within twenty-four-hour. But the question lies whether all the practitioner is proficient for the collection of DNA samples. It is a well-known fact that the sample collected must not be contaminated as it would be of no further use.
Overall, forensic science faces challenges in India related to procedural rigor and the training of practitioners to ensure evidence integrity. Despite these challenges, forensic reports remain vital in judicial proceedings, often serving as authoritative evidence that aids in the fair administration of justice.
The judiciary system’s reliance on forensic science reflects its belief in the discipline’s ability to deliver objective evidence crucial for case resolution. However, courts retain discretion in evaluating forensic reports alongside other forms of evidence to ensure comprehensive and just determinations.
See lessHarmful food products
To address the issue of harmful preservatives in food products in the Indian market, several steps could be taken: Stringent Regulation and Enforcement: Strengthen regulations by the Food Safety and Standards Authority of India (FSSAI) to limit the types and amounts of preservatives allowed in foodRead more
To address the issue of harmful preservatives in food products in the Indian market, several steps could be taken:
By implementing these measures comprehensively and continuously, the prevalence of harmful preservatives in the Indian food market can be significantly reduced, thereby safeguarding public health and promoting consumer trust in food safety
See less