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  • Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC

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Death Sentence Only When The Alternative Option Is Unquestionably Foreclosed: SC

Courtesy/By: Sanjeev Sirohi  |  04 Feb 2019     Views:1821

It has to be conceded right at the outset that the Supreme Court has by a catena of decisions in recent years sought to send out a loud and unequivocal message to the entire nation that death sentence shall not be imposed at the drop of a hat and it will be awarded only when the alternative option is unquestionably foreclosed. In this landmark, latest and laudable judgment also, the Supreme Court has sought to reiterate this in no uncertain terms. Human rights activists have welcomed this progressive mode of awarding punishment!

                                 Needless to say, the Apex Court three-Judge Bench comprising of Justice Sharad A Bobde, Justice L. Nageswara Rao and Justice R Subhash Reddy in this latest, laudable and landmark judgment titled Raju Jagdish Paswan v. The State of Maharashtra in Criminal Appeal Nos. 88-89 of 2019 (Arising out of SLP (Cri.) Nos. 5422-5423 of 2013) has commuted the death penalty of a man accused of rape and murder of a nine year old girl and sentenced him to 30 years imprisonment without remission. The Bench has observed clearly and categorically that, even though the murder involves exceptional depravity and the manner of commission of the crime is extremely brutal, a death sentence can be imposed only when the alternative option is unquestionably foreclosed. The Bench took note of the mitigating circumstances and rightly concluded that the accused does not deserve the sentence of death and the case does not fall within the rarest of rare cases.

                                To start with, para 1 first and foremost sets the ball rolling by observing that, “The issue that arises in these Appeals is whether the death penalty imposed on the Appellant is disproportionate to the crime committed by him.” Death penalty is not an ordinary punishment and before awarding it, the courts are expected to examine all the mitigating circumstances and then decide upon it. So the Apex Court Bench here too decided to examine the mitigating circumstances in detail.

                  To recapitulate, the Apex Court Bench then observed explicitly in para 2 while narrating the facts of this present case that, “At 20.45 hrs on 21.06.2010, Hanmant Sheshrau Shirsat gave a statement in the Miraj Rural Police Station that his daughter who was 9 years old and studying in the 4th standard at Shri Samarth Ashram School, Bedag was missing since 10.00 am. He stated that he could not find his daughter when he went to the school to bring her home at 5.15 pm on that day. He was informed by her class teacher that his daughter did not come to school. Shirsat started searching for his missing daughter. Akash (PW-4), a boy residing behind Marguaai Temple and his sister Pooja gave information that Shirsat’s daughter was taken by a person wearing black pant and black shirt to the sugarcane field ahead of Odya village. Shirsat accompanied the police in the search for his daughter in the sugarcane field where they found her school record book. On further inquiries made in the village, Sidram Sakharam Khade (PW-13) who owns a provision store at Bedag informed that he spotted a person wearing black clothes who came to his shop to buy tobacco. The villagers and the police reached Balakrishna Poultry Farm and inquired about the person wearing black clothes. It is relevant to state that Shirsat is also working in Balakrishna Poultry Farm. The Appellant initially denied any knowledge about the missing girl. However, on further interrogation by the police, he revealed that the girl was dragged to the nearby sugarcane field by closing her mouth tightly to stop her from screaming. He forcibly raped her and then pushed her into a nearby well. A search was conducted to find the body from the well which was unsuccessful. The police summoned an experienced driver Balu Mahadeo Patil (PW-5) who took out the dead body from the well. Shirsat identified the dead body to be that of his daughter. An FIR was registered under Section 302, 376, 201 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). Postmortem was conducted by PW-3 Dr. Sunil Patil and PW-9 Dr. Juber Momin. They have stated in their evidence that froth was coming out of the mouth of the deceased and there was nasal bleeding as well. They found cutis anserine on both palms and sole of the feet. They also found that the mucosa of vagina was congested and redness present over mucosa of anus with congestion. There was a recent complete rupture of hymen. Some sticky liquid was coming out of the mouth of the deceased. All the injuries were found to be ante-mortem. The Doctors deposed that there was evidence of vaginal as well as anal intercourse. The course of death was stated to be drowning.”      

                                      On the face of it, what we then see is that in para 3, all the aggravating and mitigating circumstances are stated which the trial court took into account before sentencing the appellant. Para 3 states that, “After examining the evidence on record, the trial court convicted the Appellant under Sections 302, 376 (2) (f) and 201 IPC. The trial court considered the following aggravating and mitigating circumstances before sentencing the Appellant:

i.                  Accused was serving in the same factory where the victim’s father was serving and residing in the same factory premises.

ii.               There is strong circumstance of accused knowing the school timing of the victim and the fact that she used to go to school alone, which is far away from factory premises.

iii.            The road from village to factory has less traffic.

iv.            The girl was taken from Marguaai Temple to the sugarcane field. The distance is approximately 1 km.

v.               The height of the sugarcane in the field can be seen from the photographs on record. It makes the inside things not visible from the road going nearby.

vi.            Accused had natural as well as unnatural sexual intercourse with the girl, which resulted in the girl becoming unconscious.

vii.         Accused had pressed her mouth and nose in such a way that froth had come out of her mouth and there was nasal bleeding.

viii.      Accused had then taken the girl in unconscious state to the well at a distance of 150 sq. ft. away from the place of rape and then thrown her into the well.

ix.            The throwing of the girl in unconscious state in the well was with knowledge or reasonably given knowledge that death will occur. The said act was done in order to screen himself.

x.               There was no enmity between informant and accused.

xi.            No reasonable ground has been shown for alleged false implication.

xii.         The defence of false implication is unbelievable and unsustainable. Informant was not in any way connected to any political party, who had conducted agitation against Bihari persons.

xiii.      The minor child was helpless when the accused committed the cruel act.

xiv.      The girl was aged 9 years only and was innocent.

xv.         The girl was required to go through the torture as is evident from medical evidence.

The mitigating circumstance are almost nil. If at all they are to be searched then they are-

(i)                         Age of the accused is 22 years.

(ii)                      Case rests on circumstantial evidence.”

                                    Truth be told, it is then held in para 4 that, “By holding that the Appellant does not deserve any leniency in view of the heinous crime committed by him, the trial court sentenced the Appellant to be hanged by neck till his death for an offence under Section 302 IPC. The Appellant was also convicted for an offence punishable under Section 376(2)(f) of IPC and sentenced for life and under Section 201 IPC for an imprisonment of 7 years.”

                                   Going ahead, it is then observed in para 5 that, “The trial court made a reference to the High Court for confirmation of the death sentence awarded to the Appellant in accordance with Section 366 CrPC. After re-appreciation of the evidence on record, the High Court affirmed the conviction of the Appellant under Sections 302, 376 (2)(f) and 201 IPC. The High Court held that the Appellant was responsible for the horrendous crime of rape and murder of a 9 year old girl. The High Court observed that the Appellant threw the victim in the well while she was still alive and the victim died due to drowning. By observing that the Appellant did not show any compunction, regret or remorse after committing a gruesome and heinous act on a hapless child, the High Court was of the opinion that no leniency could be shown to the Appellant. A detailed examination of the aggravating and mitigating circumstances was carried out by the High Court before confirming the sentence of death imposed by the trial court for an offence under Section 302 IPC.”

                                Be it noted, it is then observed in para 6 that, “Notice was issued in this case on 08.07.2013 limited to the sentence. We have heard the learned counsel for the Appellant and the State on the justifiability of the sentence of death. The learned counsel for the Appellant took us through the evidence on record to support his submission that the entire case rests on circumstantial evidence and the circumstances proved do not warrant death penalty.”

                                 As it turned out, it is then clearly and convincingly held in para 7 that, “The maintenance of peace, order and security is one of the oldest functions of the civil society. The imposition of penal sanctions on those who have infringed the rules by which a society has bound itself are a matter of legitimate interest to the members of the society. [Tom Bingham, The Business of Judging Selected Essays & Speeches (Oxford United Press, 2005), p. 299] Punishment is the just desert of an offender. The society punishes not because it has the moral right to give offenders what they deserve, but also because punishment will yield social useful consequences: the protection of society by incapacitating criminals, the rehabilitation of past offenders, or the deterrence of potential wrongdoers. [Bruce W. Gilchrist, “Disproportionality in Sentences of Imprisonment”, Columbia Law Review, Vol. 79 No. 6 (Oct. 1979), pp. 1119-1167] The purposes of criminal sentencing have traditionally been said to be retribution, deterrence and rehabilitation. To these there may now perhaps be added: incapacitation (i.e. putting it out of the power of the offender to commit further offences) and the maintenance of public confidence. [Tom Bingham, The Business of Judging Selected Essays & Speeches (Oxford United Press, 2005), p. 302]”.

                               To put things in perspective, para 8 while elaborating on the earlier landmark decisions by the Apex Court states that, “The punishment prescribed under Section 302 IPC for committing a murder is death or imprisonment for life. This Court in Jagmohan Singh v. State of Uttar Pradesh [(1973) 1 SCC 20] turned down the challenge to Section 302 IPC which prescribes the sentence of death for murder. It became necessary for this Court to reconsider the validity of Section 302 IPC in view of certain findings of Justice V.R. Krishna Iyer, speaking for the majority in Rajendra Prasad v. State of U.P. [(1979) 3 SCC 646] being contrary to the judgment of the Constitution Bench in Jagmohan’s case (supra). This Court in Bachan Singh v. State of Punjab [(1980) 2 SCC 684] concluded that Section 302 providing death penalty for the offence of murder is unconstitutional. Another question regarding the sentencing procedure provided in Section 354(3) of the Code of Criminal Procedure, 1973 (CrPC) being unconstitutional in view of the unguided and untrammelled discretion of the court was considered in Bachan Singh’s case (supra). According to Section 354(3) CrPC, when the conviction is for an offence punishable with death or, in the alternative with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. It was held that imprisonment for life shall be the normal punishment for murder according to the changed legislative policy after introduction of Section 354(3) CrPC and death sentence an exception. It was further held that the sentencing discretion conferred on the courts cannot be said to be untrammelled or unguided. The discretion has to be exercised judiciously in accordance with well-recognized principles crystallised by judicial decisions after balancing all the aggravating and mitigating circumstances. What is the relative weight to be given to the aggravating and mitigating factors depends on the facts and circumstances of the case. More often than not, the aggravating and mitigating factors are so intertwined that it is difficult to give a separate treatment to each of them. [Bachan Singh (supra) 197, 201] A planned murder involving extreme brutality or exceptional depravity and the murder of any member of the armed forces or police force or a public servant were a few circumstances which were categorized as aggravating. The age of the accused, possibility of reformation and rehabilitation of the accused, probability that the accused would not indulge in a criminal act in future, the extreme mental or emotional disturbance due to which the offence was committed, the duress or domination of another person under which the accused committed the offence and the mental unsoundness or incapacity were listed as some of the mitigating circumstances. Every relevant circumstance relating to the crime as well as the criminal has to be considered before imposing a sentence of death under Section 302 IPC. This Court in Bachan Singh’s case (supra) ultimately concluded that life imprisonment is the rule and death sentence is an exception for persons convicted of murder. Taking a life through law’s instrumentality can be done only in the rarest of rare cases when the alternative option is unquestionably foreclosed. The application of the rule of the rarest of rare in Bachan Singh (supra) was considered by this Court in Machhi Singh & Ors v. State of Punjab. [(1983) 3 SCC 470, 11 33-37]. It was held that the manner and motive for commission of murder, magnitude of the crime, anti-social or abhorrent nature of the crime and the personality of the victim of murder are certain factors which have to be taken into account for deciding whether a case would fall in the category of the rarest of rare cases.”     

                                It cannot be lost on us that while elaborating on the mitigating circumstances due to which death penalty was not imposed, the Apex Court Bench then categorically and convincingly held in para 9 that, “The Appellant dragged a girl of nine years into a sugarcane field, raped her and dumped her in a well. The cause of death according to the medical evidence was signs of recent sexual intercourse with death due to drowning. There is no doubt that the murder involves exceptional depravity which is one of the aggravating circumstances. The manner of commission of the crime is extremely brutal. However, we are of the considered opinion that the Appellant does not deserve the sentence of death in view of the following mitigating circumstances:

a)  On a thorough examination of the offence, we are unable to accept the prosecution version that the murder was committed in a pre-planned manner.

b) The Appellant was a young man aged 22 years at the time of commission of the offence.

c)   There is no evidence produced by the prosecution that the Appellant has the propensity of committing further crimes, causing a continuing threat to the society.

d) The State did not bring on record any evidence to show that the Appellant cannot be reformed and rehabilitated.”

                                To be sure, it is then further observed specifically in para 10 that, “In view of the above, we are unable to agree with the courts below that the sentence of death is appropriate in this case. Applying the guidelines laid down by this Court for sentencing an accused convicted of murder and being mindful that a death sentence can be imposed only when the alternative option is unquestionably foreclosed, we are of the opinion that this case does not fall within the rarest of rare cases.”  

                        Truly speaking, it is then rightly enunciated in para 11 that, “Punishment should be proportionate to the offence. A savage sentence is an anathema to the civilized jurisprudence of Article 21. [(1983) 2 SCC 277, at 284] In Solem v. Helm 463 U.S. 277 (1983), the UJS Supreme Court held that the general principle of proportionality was applicable to a sentence of imprisonment. Helm was sentenced under the Recidivist Statute of South Dakota to undergo imprisonment for life without possibility of parole after being found guilty of uttering a “no account” check for US $ 100. The gravity of the offence and the harshness of the penalty was one of the criteria to be taken into account by the court in its proportionality analysis. Sentence of life imprisonment awarded to Helm was found to be disproportionate to the crime and hence prohibited under the 8th Amendment to the U.S. Constitution. Imposition of capital punishment for rape of an adult woman was found to be ‘grossly disproportionate’ and a violation of the ‘cruel and unusual punishments’ clause in Coker v. Georgia 433 U.S. 584 (1977). In another case, the sentence of death penalty on a participant in a felony which resulted in murder, without any inquiry into the participant’s intention to kill, was held to be violative of the 8th Amendment to the U.S. Constitution because of disproportionality. [Enmund v Florida 458 U.S. 782 (1982)] The U.S. Supreme Court treated this line of authority as an aspect of the death penalty jurisprudence rather than a generalizable aspect of the 8th Amendment to the U.S. Constitution. [Rummel v. Estelle, 445 U.S. 263 (1980)] Justice Scalia who delivered the plurality opinion in Harmelin v. Michigan 501 U.S. 957 (1991) reasserted that the proportionality review is applicable to cases involving death sentence. The principle of proportionality has been recognized by this Court in Vikram Singh @ Vicky v. Union of India (2015) 9 SCC 502, 152.1 wherein it was stated that punishment must be proportionate to the nature and gravity of offences.”  

                            Regarding imprisonment for life, it is then made absolutely clear in para 12 that, “Though imprisonment for life is a sentence for the rest of the convict’s life, in practice, it amounted to 12 years imprisonment prior to the introduction of Section 433-A, CrPC. After the insertion of Section 433-A, CrPC, imprisonment for life works out to 14 years. In Swamy Shraddananda’s case [Swamy Shraddananda @ Murali v. State of Karnataka (2008) 13 SCC 767], it was held that the court is empowered to substitute a death sentence by life imprisonment of a term in excess of 14 years and further directed that the convict must not be released from the prison for the rest of his life or for the actual term specified in the order, as the case may be. While not endorsing the death sentence that was imposed on Swamy Shraddananda, this Court found that since life imprisonment, subject to remission, normally worked out to 14 years, it would be grossly disproportionate and inadequate. The view expressed in Swamy Shraddananda’s case (supra) was upheld in Union of India v. Sriharan and Others (2016) 7 SCC 1 by a Constitution Bench.”

                                More importantly, while not awarding death penalty to appellant but making it clear that the appellant would have to spend 30 years in prison, it is then sought to be clarified in para 13 that, “Though we have already expressed our view that the Appellant does not deserve to be put to death, he is not entitled to be released on completion of 14 years while serving life imprisonment. The brutal sexual assault by the Appellant on the hapless victim of nine years and the grotesque murder of the girl compels us to hold that the release of the Appellant on completion of Appellant on completion of 14 years of imprisonment would not be in the interest of the society. Considering the gravity of the offence and the manner in which it was done, we are of the opinion that the Appellant deserves to be incarcerated for a period of 30 years. To arrive at this conclusion, we have taken into consideration the opinion of this Court in similar cases – Tattu Lodhi v. State of M.P., (2016) 9 SCC 675 (25 years), Selvam v. State, (2014) 12 SCC 274 (30 years), Rajkumar v. State of MP, (2014) 5 SCC 353 (30 yrs), Neel Kumar @ Anil Kumar v State of Haryana, (2012) 5 SCC 766 (30 years), Anil @ Antony v. State of Maharashtra, (2014) 4 SCC 69 (30 years).”  

                                     While underscoring the importance of yoga and meditation and its impact on prisoners, it is then held in para 14 that, “In the case of Rajendra Prasad (supra), the Court had suggested as follows:

     “114. Social defence against murderers is best insured in the short run by caging them but in the long run, the real run, by transformation through re-orientation of the inner man by many methods including neuro-techniques of which we have a rich legacy. If the prison system will talk the native language, we have the yogic treasure to experiment with on high-strung, high-risk murder merchants. Neuroscience stands on the threshold of astounding discoveries. Yoga, in its many forms, seems to hold splendid answers. Meditational technology as a tool of criminology is a nascent – ancient methodology. The State must experiment. It is cheaper to hang than to heal, but Indian life – any human life – is too dear to be swung dead save in extreme circumstances.”

           Taking note of the above suggestion, we asked Mr. Katneshwarkar, learned counsel for the State of Maharashtra, as to what steps were taken by the State for reformation and rehabilitation of the prisoners. An affidavit signed by the Deputy Inspector General of Prisons (Headquarters), Maharashtra was circulated on 27.11.2018 in which it was stated that Circulars were issued to all the Jail Superintendents to start Yoga and meditation classes for improvement of physical and mental health of the inmates in the penitentiaries. It was also stated that the Maharashtra Prison Department has started a programme namely “Prema Path” for which persons like Shri Ram Dev Baba and others were invited to Yerwada Central Prison, Pune for motivating the prisoners to participate in the programmes of Yoga. It was further stated that the Department was encouraging the prisoners to participate in Yoga and meditation and was even giving to prisoners who excelled in Yoga.”   

                              Lamentably, the Apex Court Bench then feels constrained to observe in para 15 that, “In spite of our direction, the Government of India did not file an affidavit regarding the status of rehabilitation of prisoners in jails in this country. As there was no response from the Government of India, we did our own research to find out about the reform and rehabilitation measures. An All India Model Prison Manual Committee was constituted in the month of November, 2000 under the Chairmanship of Director General of Bureau of Police Research and Development (BPR&D) to prepare a Model Prison Law for the superintendence and management of prisons in India in order to maintain uniformity in the working of prisons throughout the country. The Model Prison Manual of 2016 (“2016 Manual”) which was approved by the Ministry of Home Affairs refers to the education of prisoners which is vital for the overall development of prisoners. Para 14.06 of the Chapter 14 in the 2016 Manual deals with the nature of educational programmes which includes physical education such as Yoga, health/hygiene education, moral and spiritual education among others. We do not have any material on record about how many States have adopted the 2016 Manual. We direct the States to consider implementing the reformative and rehabilitation programmes contained in the 2016 Manual. In addition, it is open to the States to adopting any other correctional measures.”     

                                  Finally and most crucially, it is then observed in the last para 16 that, “Accordingly, the Appeals are partly allowed and the sentence of death is set aside. The Appellant shall suffer an imprisonment for a period of 30 years without remission.”

                                   All said and done, one has to appreciate and applaud the manner in which this latest, landmark and laudable judgment has been crafted and most importantly has shown genuine concern even for prisoners and underscored the importance of yoga and meditation in transforming their lives. While it has not awarded death penalty which is considered as most cruel, it has nevertheless ensured that the Appellant who raped a minor and killer her was made to spend at least 30 years in prison without remission. This extremely notable and laudable judgment certainly deserves to be emulated by all the courts from top to bottom! There can be no denying or disputing it!  


Courtesy/By: Sanjeev Sirohi  |  04 Feb 2019     Views:1821

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Introduction to Child Rights in India...
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CORPORATE GOVERNANCE...
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Rape and Indian laws ...
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An overview on Drugs Law...
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Women Prisoners ...
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Montesquieu’s Theory of Separation of Powers: Ho...
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JUDICIAL REVIEW AND JUDICIAL OVER-REACH: TRANSITIO...
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Due Process Of Law For Rapists Must Speed Up Now...
10 Dec 2019     Views:951
Human Rights Of Women Must Also Be Respected...
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Speedy Capital Punishment For Rapists Must Be Ensu...
08 Dec 2019     Views:926
Why Only One Dhananjoy Chatterjee Hanged Till Now?...
07 Dec 2019     Views:1251
Why No Death Penalty For Gang Rape In India?...
07 Dec 2019     Views:806
Rape Convicts Must Be Hanged At The Earliest From ...
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No Mercy Petition And No Life Term Ever For Gang R...
02 Dec 2019     Views:980
Section 207 CrPC: Magistrate Cannot Withhold Any D...
02 Dec 2019     Views:1925
UP Bar Council Chairman Harishankar Singh Openly C...
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29 Sep 2019     Views:826
Right To Access Internet Is Part Of Right To Priva...
23 Sep 2019     Views:893
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19 Sep 2019     Views:862
A Legal Giant Named Ram Jethmalani Finally Passes ...
09 Sep 2019     Views:661
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02 Sep 2019     Views:628
Government Notifies Strict Provisions Of Motor Veh...
31 Aug 2019     Views:700
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30 Aug 2019     Views:1007
Institutional Independence, Financial Autonomy Int...
28 Aug 2019     Views:663
A Legal Luminary And A Political Stalwart Passes A...
25 Aug 2019     Views:694
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24 Aug 2019     Views:602
Delhi HC Refuses Anticipatory Bail To P Chidambara...
23 Aug 2019     Views:822
Chidambaram Getting No Respite From Courts...
23 Aug 2019     Views:580
Domestic Violence And Dowry Accused Set Free By Th...
22 Aug 2019     Views:3167
Bombsy HC: Treat every citizen with dignity...
20 Aug 2019     Views:3116
Integration Of J&K With India Is Now Full And Fina...
20 Aug 2019     Views:1098
Second Appeal Not To Be Dismissed Merely On The Gr...
18 Aug 2019     Views:786
Judge Can Recuse From A Case At His Own Volition, ...
17 Aug 2019     Views:866
Don't politicize demolition of temples: SC...
16 Aug 2019     Views:3133
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Charged for employing triple talaq...
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Earlier Convicted now Acquitted - Lack of Conclusi...
15 Aug 2019     Views:1239
MACAD Scheme to be enforced in Tamil Nadu - 1st Oc...
15 Aug 2019     Views:1223
Filing Of Criminal Complaint For Settling Civil Di...
15 Aug 2019     Views:905
End Discrimination: Equalize legal age of Marriage...
14 Aug 2019     Views:669
Madras HC issues directions upon Officers to check...
14 Aug 2019     Views:711
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14 Aug 2019     Views:693
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13 Aug 2019     Views:955
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13 Aug 2019     Views:843
Normalcy need not be restored in J&K instantly : S...
13 Aug 2019     Views:741
Prohibitory Steps taken against Students for Consu...
13 Aug 2019     Views:778
Basic Amenities to Traffic Personnel ...
12 Aug 2019     Views:617
Madras HC upholds the appointment notification of ...
12 Aug 2019     Views:729
Plea against E-pharmacies struck down by Bombay HC...
12 Aug 2019     Views:704
Parliament Rightly Makes Triple Talaq Criminal But...
12 Aug 2019     Views:648
No Tax Deduction from Motor Accident Compensation ...
11 Aug 2019     Views:678
Delhi HC: Plant 50 Trees, Quash Criminal Proceedin...
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Iyal Isai Nataka Mandram should abide by the time ...
11 Aug 2019     Views:912
Transitory Committee to be formed for Indian Arche...
11 Aug 2019     Views:671
Outlawing Of Triple Talaq Is Highly Commendable...
11 Aug 2019     Views:671
Daring Resolve Taken By Centre On Jammu And Kashmi...
10 Aug 2019     Views:621
M Kavitha’s suspension to be reviewed...
09 Aug 2019     Views:937
SC: Adverse Possession owing to Title over Propert...
09 Aug 2019     Views:702
Regulation of Online streaming contents out of the...
09 Aug 2019     Views:755
Constitution Cannot Be Above Country Come What May...
09 Aug 2019     Views:674
Ocean waves to be our new energy source...
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Victim Has A Right To Assist The Court In A Trial ...
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Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:808
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:776
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:672
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:717
High Court of Karnataka set aside the retirement o...
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Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:772
History-sheeter kidnaps and rapes a College Studen...
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No Room For Sympathy While Sentencing Terror Convi...
06 Aug 2019     Views:581
Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:945
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:688
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:872
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:753
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Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:686
Special Olympics International Football Championsh...
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Concession to be given to disabled persons appeari...
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Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:813
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:1004
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
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RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:695
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:671
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:4776
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1149
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:658
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:654
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:783
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:576
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:563
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:667
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1026
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1242
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:660
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:707
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:587
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1015
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:572
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
02 Jul 2019     Views:803
How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:1240
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1465
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:1347
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:1559
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:644
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:680
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:1975
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:1608
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:963
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:1314
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:4120
Why Should UP Have Least High Court Benches In Ind...
20 May 2019     Views:707
Successive Bail Applications Should Be Placed Befo...
20 May 2019     Views:6186
“Drop This Episode From Your Minds And Gossips...
20 May 2019     Views:711
Is The Criticism Of In-House Procedure Justified?...
20 May 2019     Views:651
Mere Pendency Of Civil Case Between Complainant An...
20 May 2019     Views:712
Section 482 CrPC: HC Should Assign Reasons As To W...
20 May 2019     Views:1923
Delhi High Court Directs Government To Set Up 18 F...
20 May 2019     Views:692
No New Appointments To Be Made From In-Service Can...
18 May 2019     Views:687
Only Advocates Can Plead And Argue On Behalf Of Li...
09 Apr 2019     Views:2237
Nations Must Make Gun Laws More Stricter...
04 Apr 2019     Views:2746
SC Designates 37 Lawyers As Senior Advocates...
04 Apr 2019     Views:3662
Adding Additional Accused: To Invoke Section 319 C...
04 Apr 2019     Views:4256
SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
04 Apr 2019     Views:904
P&H HC Directs Protection Of Honest Officers While...
04 Apr 2019     Views:772
Death Sentence Can Be Imposed Only When Life Impri...
19 Mar 2019     Views:1353
Islamabad High Court Rejects Plea Against Release ...
19 Mar 2019     Views:1336
Lawyers Resort To Seek Unnecessary Adjournments Am...
19 Mar 2019     Views:1423
Even Poem Can Help Save A Death Convict From Gallo...
19 Mar 2019     Views:1337
Educated Woman Supposed To Be Fully Aware Of Conse...
19 Mar 2019     Views:754
Jammu and Kashmir HC Upholds PM’s Employment Pac...
19 Mar 2019     Views:1044
Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1652
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:1933
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:1758
Punjab & Haryana HC Issues Slew Of Directions To C...
23 Feb 2019     Views:2020
Court Has to Confine Itself To The Four Corners Of...
23 Feb 2019     Views:794
Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:815
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:1800
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:1529
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:2228
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1425
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1596
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:1821
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1110
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1280
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
23 Jan 2019     Views:1381
Mere Allegations Of Harassment Without Proximate P...
23 Jan 2019     Views:1748
Legal Article Why Should They Speak Lies: Decease...
23 Jan 2019     Views:875
Can a Economic offender can escape by surrendering...
22 Jan 2019     Views:750
NCW is a Lame Duck or Legal Guardian for women...
22 Jan 2019     Views:712
Mutual Consent Divorce Procedure in Chennai Family...
21 Jan 2019     Views:3215
Quick Divorce in India...
21 Jan 2019     Views:770
4 Important things to file Divorce in Chennai...
21 Jan 2019     Views:866
How to get Divorce for Muslim Men ...
21 Jan 2019     Views:9377
Offences Under Section 307 IPC Can’t Be Quashed ...
17 Jan 2019     Views:2179
Suspicion, Howsoever Grave, Can’t Substitute Pro...
17 Jan 2019     Views:787
Delhi HC Rejects AJL's Plea Against Centre's Order...
03 Jan 2019     Views:1534
1984 Anti-Sikh Riots: Delhi HC Awards Life Term To...
03 Jan 2019     Views:1396
SC Dismisses Petitions Seeking Probe Into Rafale D...
20 Dec 2018     Views:1651
Executive Magistrate Cannot Direct Police To Regis...
20 Dec 2018     Views:2026
Why Lawyers Of West UP Are Compelled To Strike Fre...
20 Dec 2018     Views:992
recheck...
19 Dec 2018     Views:1049
1984 Anti-Sikh Riots – Delhi HC Upholds Convicti...
12 Dec 2018     Views:1156
Why Lawless West UP Has No High Court Bench?...
11 Dec 2018     Views:1205
Bombay HC Quashes Government Resolution Making It ...
26 Nov 2018     Views:1448
SLP Against Death Sentence Shall Not Be Dismissed ...
26 Nov 2018     Views:1510
SC Allows Live-Streaming Of Public Proceedings In ...
26 Nov 2018     Views:1372
Sexual Offenders Registry For Law Enforcement Agen...
26 Nov 2018     Views:1267
Delhi HC Sentences 16 Policemen To Life Imprisonme...
26 Nov 2018     Views:798
Men Too Have Right Not To Be Defamed And Denounced...
26 Nov 2018     Views:717
Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:775
CJI Ranjan Gogoi Demonstrates His Firm Resolve And...
26 Nov 2018     Views:717
SC Issues Directions On Examination Of Witnesses I...
26 Nov 2018     Views:1281
Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:994
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:1677
SC Sets Deadline On Sale Of BS-IV Vehicles; Says H...
01 Nov 2018     Views:1616
Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:2780
There Cannot Be Any Mechanical Denial Of Appointme...
23 Oct 2018     Views:1953
Rights Of Accused Far Outweigh That Of Victims, Ne...
23 Oct 2018     Views:948
SC Strikes Down 158 Year Old Adultery Law Under Se...
23 Oct 2018     Views:1577
Extra-Judicial Confession Of Accused Need Not In A...
23 Oct 2018     Views:1132
Leaders Of Outfits Calling For Mob Violence Liable...
23 Oct 2018     Views:745
Section 377 IPC Decriminalised Partially By Supre...
23 Oct 2018     Views:1247
New CJI Ranjan Gogoi Is Determined To Ensure Sweep...
23 Oct 2018     Views:732
Court Must Not Go Deep Into The Matter While Consi...
26 Sep 2018     Views:1524
Reputation Of An Individual Is An Insegregable Fac...
26 Sep 2018     Views:1948
Sec. 498A IPC: Only HC Can Quash Cases On Settleme...
18 Sep 2018     Views:3081
Punjab & Haryana HC Orders Rape Convict, Mother To...
17 Sep 2018     Views:1709
Bombay HC Imposes Cost Of Rs 50K On Petitioner Fir...
17 Sep 2018     Views:995
Uttarakhand HC Dismisses “Contempt Petition” A...
14 Sep 2018     Views:1103
SC Stresses On Need To Develop And Recognize ‘De...
08 Sep 2018     Views:1047
Mirchpur Dalit Killings: “Atrocities Against SCs...
08 Sep 2018     Views:1141
SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1300
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:1921
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1008
Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:1592
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1205
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:960
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1027
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1039
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1195
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1141
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1066
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1388
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1388
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1102
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:971
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1062
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2175
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:1969
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2156
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1534
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:896
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:842
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:1036
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:941
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1064
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
05 Jul 2018     Views:3092
Every Indian Should Salute Brave Soldier Aurangzeb...
05 Jul 2018     Views:1794
Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:1666
Have A Functional National Law University Within 3...
05 Jul 2018     Views:1373
Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:805
Cancel Licences of Drivers Using Cell Phones; Helm...
05 Jul 2018     Views:747
Uttarakhand High Court Puts Restrictions On Noise ...
05 Jul 2018     Views:770
Supreme Court To Look Into Validity Of Amended Law...
05 Jul 2018     Views:838
Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1211
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:1257
Free Mentally Ill Children And Formulate Policies ...
11 Jun 2018     Views:1464
Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:1843
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:1397
Why BJP Will Be Wiped Out In West UP And UP?...
06 Jun 2018     Views:1516
Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:991
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:840
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:841
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:2238
SC Women Lawyers Association Seeks Chemical Castra...
01 Jun 2018     Views:805
SC Finally Steps In To Expedite POCSO Cases...
01 Jun 2018     Views:1508
UP Former CMs Can’t Stay In Govt Bungalows: SC...
01 Jun 2018     Views:768
Make BCCI A Public Body: Law Panel...
01 Jun 2018     Views:844
Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:875
Why Cases Withdrawn Against Stone Pelters In Kashm...
01 Jun 2018     Views:958
A High Court Bench For West UP In Meerut Is Impera...
01 Jun 2018     Views:1022
People Of Karnataka Should Worship Congress...
01 Jun 2018     Views:809
Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:843
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:883
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:751
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:750
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:823
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1052
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:821
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:783
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:1748
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:835
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:784
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:747
New Consumer Protection Bill 2018 Will Entail More...
10 Feb 2018     Views:760
CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1300
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:840
SC Quashes All The 88 Mining Leases In Goa...
10 Feb 2018     Views:832
Prevention Of Money Laundering Act -2002 (PMLA-20...
07 Feb 2018     Views:737
Prevention Of Money Laundering Act-2002 Amended ...
04 Feb 2018     Views:1107
Prevention Of Money Laundering Act -2002 --U/S 45(...
03 Feb 2018     Views:1022
Prevention Of Money Laundering Act-2002 (P...
16 Jan 2018     Views:830
humanity...
13 Jan 2018     Views:752
Prevention Of Money Laundering Act-2002 PMLA...
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