Justice Prevails - "Insight on Indian Civil and Criminal Litigation".

Forensic Psychology: An answer to Why? and how?   Imagine a case, where there are no accused persons, no witnesses and all the parties to a crime are victims and all of them are dead. How would you know what happened to them? Before hopping on to the role of forensic psychology, it is imperative to understand its meaning. Forensic means ‘forum’ and Psychology means ‘the science of mind and behavior’. If we read this phrase as a whole, Forensic Psychology implies the application of scientific techniques and methods to understand the mindset and behavioral patterns of a person. In other words, it is a merger of law and clinical specialties. When the goals of psychology are met using scientific techniques, it takes the shape Forensic Psychology. You might be wondering how this technique is used and what agencies undertake the task to use these techniques. Basically, all the investigating agencies have a distinct department dedicated to Forensic experts. Forensic psychology forms an in...

“ Any nation that does not learn to place women on the same pedestal of respect and dignity as men, will never in a thousand years attain greatness. ”                                                                                                                                             ~Abhijit Naskar There is no dearth of laws for women in India but there is surely a lack of awareness amongst women about their legal rights in our country.  Indian laws provide for protection and development of women in Indian society. The need of the hour is that every women must be awar...

  Penal action for not reporting an offence?  Yes, You read it right. This is one of the chief features of the POCSO Act which is why it is a double- edged sword.  One of the most essential and equally controversial provision of POCSO Act is the provision for mandatory reporting imposing a duty on person who has an apprehension or has knowledge of a sexual offence being committed against a child to report it to the local police or the Special Juvenile Police Unit under Section 19 of the Act.  The Act along with the abuser also Penalizes  the person who fails to report such child sexual abuse under section 21 of the Act, in case of any person, with six months imprisonment and in case of any person being in-charge of any company or institution, with one year imprisonment. The act, although, spared children from this obligation .  Soon after the commencement of this Act a debate ensued on this provision with regard to it’s importance in order to acknowledge th...

Crime Scene Investigation in Sexual Offences CIRCULATED FOR LEGAL ASSISTANCE IN SEXUAL OFFENCES (RAPE AND POCSO CASES) The proper and fair Investigation decides the fate of the cases but it can only be done when it is done with the intention to get justice to the victim in the true cases as well as the accused in false cases. Not judge but the IO is the only person who knows the truth of the victim and the accused since the initiation of the case because IO visits the crime scene, collects evidences, examines the witnesses etc during the investigation of the case, here we can say that IO is the first Judge of the case. I am discussing the pointwise procedures to be conducted during investigation precisely and easy and effective steps which would be helpful to the IO in the investigation in cases of sexual offences. MANDATORY PROCEDURE TO BE CONDUCTED DURING INVESTIGATION Rukka/ F.I.R. (Immediately lodge an F.I.R without any Delay) Immediately inform to the Crime T...

  Where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment”.  Businesses also suffer if they are held liable.  ##. Measures You Can Take Against Sexual Harassment in the Company For. :   acts of sexual harassment committed by their employees. An employer will only have a defense if they can show they took reasonable steps to prevent the harassment. 1. Involve Management Must demonstrate that the company has a zero-tolerance approach to harassment. They must make clear that punishment for harassment applies equally across the organization, regardless of employee status. The Board should regularly review key data on sexual harassment such as the number of reports of sexual harassment and the average time it takes the company to resolve cases. They should formally a...

   IS BITCOIN IS Illegal? In an  interview  with  Press Trust of India  (PTI), Finance Secretary TV Somanathan stated that, just as gold and diamonds are not legal cash despite their value, private cryptocurrencies would be walking in the same path. He further stated that  “cryptocurrencies will never be accepted as legal currency. It is a legal tender, which means it can be used to settle debts. In India, only the Reserve Bank’s ‘Digital Rupee’ would be considered as legal money” . Except for El Salvador, which proclaimed Bitcoin legal cash in September of last year (2021), no other country has made crypto a legal tender. India is drafting laws to govern cryptocurrencies, but no draft has been made available to the public. Meanwhile, the Digital Rupee, a central bank-backed digital currency, will begin to circulate in the coming fiscal year (2022-2023), ushering in more affordable and effective currency management. How are bitcoins taxed in India? Th...

Adolescents and Innocent? Nirbhaya gangrape incident or in short Dec 16, a day that every women or a girl will not forget. Nation stood for harsh and punitive actions against Rape Accused, that appalled the changes in law system.  Though there was a delay but all 4 accused were hanged to death. What about the juvenile who was equally a part of the crime? His age saved him and he was let go with a short period in correction home. Being adolescents and innocent are two different verticals. An adolescent is one who has not attain the mental puberty and is still in a fostering period of gaining all the information and knowledge around him.  Innocent is an attribute given to adolescents as they make mistakes without knowing the outcome or the result of their direct action. Mistakes are best learning opportunity for the kids as they tends to improvise on how not to make the same mistake but rather excel in doing things correctly.  The accused who was juvenile in natur...