The document outlines the various rights that an accused person is afforded under law. It discusses the rights of an accused person at different stages: at the time of arrest, during detention, during trial proceedings, and if convicted. Some key rights mentioned are the right to remain silent, to be informed of charges, to legal representation, against self-incrimination, to a fair and speedy trial, humane conditions of detention, communication with family/lawyers, and presumption of innocence.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The document discusses the law around abetment in India according to the Indian Penal Code. It defines abetment as aiding, commanding, counseling, or procuring the commission of an offense. There are three types of abetment: instigating the offense, engaging in a conspiracy to commit the offense, or intentionally aiding the commission of the offense through acts or omissions. The document outlines abetment of different crimes through examples and case laws, emphasizing that to constitute abetment, the abettor must intentionally aid or instigate the commission of the actual crime.
The document outlines the structure and process of a civil suit in Bangladeshi courts.
1. A suit is instituted by filing a plaint and summons are issued. The defendant must then file a written statement within 30 days.
2. The court may refer the parties to alternative dispute resolution and then frames the issues in the case.
3. Evidence is disclosed, witnesses examined, and hearings held. A peremptory or final hearing concludes the examination within 120 days if possible.
4. The court then pronounces judgment within 7 days, followed by a decree also within 7 days, allowing the winning party to seek execution of the decree.
This document summarizes the rights of an arrested person in India according to the constitution and criminal procedure code. It outlines 8 key rights of an arrested person including the right to a fair trial, right to know the grounds of arrest, right to remain silent, right to be informed of bail provisions, right to be produced before a magistrate without delay, right to consult a legal practitioner, right to free legal aid, and right to be examined by a medical practitioner. It also discusses the landmark D.K. Basu vs State of West Bengal case which established additional guidelines to protect arrested persons from torture and inhuman treatment.
This document discusses the rights of the accused in criminal cases from both a constitutional and criminal law perspective in India. Under constitutional law, it outlines rights like the right to a fair trial, equality before the law, right to life and liberty, right to legal counsel, and right to not be detained without cause. Under criminal law, it discusses the presumption of innocence, right to know the grounds of arrest, right to bail, right to be presented before a magistrate, right to a speedy trial, right to legal counsel, right to privacy, right to be present at trial, right to cross-examine witnesses, right to appeal, and right to humane treatment in prison. It also discusses two relevant court cases that further
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The document discusses the law around abetment in India according to the Indian Penal Code. It defines abetment as aiding, commanding, counseling, or procuring the commission of an offense. There are three types of abetment: instigating the offense, engaging in a conspiracy to commit the offense, or intentionally aiding the commission of the offense through acts or omissions. The document outlines abetment of different crimes through examples and case laws, emphasizing that to constitute abetment, the abettor must intentionally aid or instigate the commission of the actual crime.
The document outlines the structure and process of a civil suit in Bangladeshi courts.
1. A suit is instituted by filing a plaint and summons are issued. The defendant must then file a written statement within 30 days.
2. The court may refer the parties to alternative dispute resolution and then frames the issues in the case.
3. Evidence is disclosed, witnesses examined, and hearings held. A peremptory or final hearing concludes the examination within 120 days if possible.
4. The court then pronounces judgment within 7 days, followed by a decree also within 7 days, allowing the winning party to seek execution of the decree.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
The document discusses bail provisions under criminal procedure law. It begins by defining bail and its purpose of securing an accused's appearance in court. Offences are classified as bailable, non-bailable, or unbailable. For non-bailable offences punishable by death or life imprisonment, bail is usually not granted if there are reasonable grounds to believe the accused committed the offence. However, the court may grant bail in exceptional circumstances if the accused is a minor, woman, or sick/infirm person. Case law examples provide guidance on factors considered for granting bail in non-bailable cases, such as medical conditions, age, or ensuring no interference with the case. Conditions like surrendering travel documents or regular police
The document outlines the 8 steps of a trial before a Court of Sessions in India:
1. The Public Prosecutor opens the prosecution case by describing the accusations against the accused and the evidence to prove guilt.
2. The Court examines the record and documents to determine if the accused should be discharged or charged. If charged, a charge is framed.
3. The charge is read and explained to the accused, who then pleads guilty or claims trial.
4. After prosecution evidence, the Court examines the accused and hears arguments on acquittal.
5. If not acquitted, the accused presents a defense and evidence.
6. The prosecution sums up its case and
Parole is the conditional release of a prisoner before the end of their sentence, allowing them to serve the remainder of the sentence outside of prison but under supervision. It aims to help rehabilitate prisoners and ease their transition back into society. To be eligible for parole, a prisoner must have served a portion of their sentence, usually a third to a half, and be deemed low risk. While on parole, the released prisoner remains under the supervision of parole authorities. Parole can be revoked if conditions are violated. The goals of parole are rehabilitation of the offender and protection of society.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
The document discusses the provisions related to commissions under the Code of Civil Procedure (CPC) in Bangladesh. It summarizes the key powers of courts to issue commissions, the purposes for which commissions can be issued (e.g. to examine witnesses or conduct a local investigation), and the procedures involved as outlined in Order 26 of the CPC. These include rules regarding who can be examined via commission, the process for commissioners to conduct investigations and submit reports, and the evidentiary value of commissioners' reports.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
The document discusses the law around arrest and detention of a judgment debtor under the Code of Civil Procedure in India. It explains that a court can order the arrest and detention of a judgment debtor when executing a decree for money, specific property, or an injunction. Certain classes of people are exempt from arrest, such as women and legislators. The procedure for arrest requires presenting the debtor to court and prohibits nighttime entry into homes. A debtor can be detained for up to 3 months depending on the decretal amount. The judgment debtor is to be released in certain situations like full payment or illness.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
The document provides an overview of key definitions and concepts from the Code of Civil Procedure in India across 5 units.
Unit I defines key terms like decree, suit of civil nature, and jurisdiction of courts. It notes a decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree requires further steps, while a final decree completely resolves a suit.
The document outlines the structure of the Code of Civil Procedure and provides definitions of important terms from Section 2 like plaintiff, defendant, suit, and decree. It distinguishes decrees from orders.
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
Article 16 of the Universal Declaration of Human Rights establishes that all men and women have the equal right to marry and found a family without discrimination, that marriage requires full and free consent, and that the family is the fundamental unit of society entitled to protection. The article outlines principles of equality and consent in marriage and family life.
This document outlines prisoner rights and the development of those rights through important court cases. It discusses the two philosophies around prisoner rights, as well as legal protections like habeas corpus, due process, equal protection, and the Civil Rights Act. The document also summarizes inmate lawsuits, religious rights, the Turner v. Safley standards, the Prison Litigation Reform Act, issues around loss of civil rights after incarceration, and procedures for regaining lost civil rights through a Certificate of Rehabilitation.
The document discusses the law on arrest in India according to the Code of Criminal Procedure (CrPC). It defines arrest and differentiates it from custody. It outlines the types of arrest that can be made with or without a warrant by police officers, magistrates or private persons. It also describes the rights of arrested persons and important Supreme Court judgements related to arrest procedures and compliance with legal safeguards.
The document summarizes the key provisions around temporary injunctions and interlocutory orders under Order 39 of the Code of Civil Procedure, 1908 in India. It discusses the grounds for granting temporary injunctions under Rules 1 and 2 to maintain the status quo during legal proceedings. It also outlines the procedures under Rules 3 and 3A, consequences for disobedience under Rule 2A, discharge or variation of orders under Rule 4, and provisions for interim sale, detention of subject matter, immediate possession, and deposit in court under Rules 6 to 10. The purpose is to provide interim relief and protect suits from becoming infructuous pending final disposal.
The document discusses bail provisions under criminal procedure law. It begins by defining bail and its purpose of securing an accused's appearance in court. Offences are classified as bailable, non-bailable, or unbailable. For non-bailable offences punishable by death or life imprisonment, bail is usually not granted if there are reasonable grounds to believe the accused committed the offence. However, the court may grant bail in exceptional circumstances if the accused is a minor, woman, or sick/infirm person. Case law examples provide guidance on factors considered for granting bail in non-bailable cases, such as medical conditions, age, or ensuring no interference with the case. Conditions like surrendering travel documents or regular police
The document outlines the 8 steps of a trial before a Court of Sessions in India:
1. The Public Prosecutor opens the prosecution case by describing the accusations against the accused and the evidence to prove guilt.
2. The Court examines the record and documents to determine if the accused should be discharged or charged. If charged, a charge is framed.
3. The charge is read and explained to the accused, who then pleads guilty or claims trial.
4. After prosecution evidence, the Court examines the accused and hears arguments on acquittal.
5. If not acquitted, the accused presents a defense and evidence.
6. The prosecution sums up its case and
Parole is the conditional release of a prisoner before the end of their sentence, allowing them to serve the remainder of the sentence outside of prison but under supervision. It aims to help rehabilitate prisoners and ease their transition back into society. To be eligible for parole, a prisoner must have served a portion of their sentence, usually a third to a half, and be deemed low risk. While on parole, the released prisoner remains under the supervision of parole authorities. Parole can be revoked if conditions are violated. The goals of parole are rehabilitation of the offender and protection of society.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
The document discusses the provisions related to commissions under the Code of Civil Procedure (CPC) in Bangladesh. It summarizes the key powers of courts to issue commissions, the purposes for which commissions can be issued (e.g. to examine witnesses or conduct a local investigation), and the procedures involved as outlined in Order 26 of the CPC. These include rules regarding who can be examined via commission, the process for commissioners to conduct investigations and submit reports, and the evidentiary value of commissioners' reports.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
The document discusses the law around arrest and detention of a judgment debtor under the Code of Civil Procedure in India. It explains that a court can order the arrest and detention of a judgment debtor when executing a decree for money, specific property, or an injunction. Certain classes of people are exempt from arrest, such as women and legislators. The procedure for arrest requires presenting the debtor to court and prohibits nighttime entry into homes. A debtor can be detained for up to 3 months depending on the decretal amount. The judgment debtor is to be released in certain situations like full payment or illness.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
Code of civil procedure 1908 suplementary proceedingsDr. Vikas Khakare
This presentation explains what is supplementary proceedings. When court may issue arrest warrant before judgment, when court order attachment before judgment, when court may issue temporary injunction, when a receiver may be appointed.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
The document provides an overview of key definitions and concepts from the Code of Civil Procedure in India across 5 units.
Unit I defines key terms like decree, suit of civil nature, and jurisdiction of courts. It notes a decree can be preliminary, final, or partly preliminary and partly final. A preliminary decree requires further steps, while a final decree completely resolves a suit.
The document outlines the structure of the Code of Civil Procedure and provides definitions of important terms from Section 2 like plaintiff, defendant, suit, and decree. It distinguishes decrees from orders.
The document discusses the concepts of res subjudice and res judicata under the Code of Civil Procedure 1908. It provides definitions and conditions for the application of both doctrines. Res subjudice refers to matters already under litigation in court and prevents simultaneous adjudication of the same matter. Res judicata establishes that a matter cannot be re-litigated once a competent court has made a final decision on it. The document also outlines the differences between the two doctrines.
This document summarizes key provisions from the Indian Evidence Act relating to relevance of evidence and admissibility of confessions. It discusses how evidence may only be given for facts in issue or relevant facts. It explains the doctrine of res gestae and how facts forming part of the same transaction are relevant. It also discusses relevance of facts relating to motive, preparation, conduct and opportunity. Provisions around admissions and confessions are summarized, including the difference between judicial and extra-judicial confessions.
Article 16 of the Universal Declaration of Human Rights establishes that all men and women have the equal right to marry and found a family without discrimination, that marriage requires full and free consent, and that the family is the fundamental unit of society entitled to protection. The article outlines principles of equality and consent in marriage and family life.
This document outlines prisoner rights and the development of those rights through important court cases. It discusses the two philosophies around prisoner rights, as well as legal protections like habeas corpus, due process, equal protection, and the Civil Rights Act. The document also summarizes inmate lawsuits, religious rights, the Turner v. Safley standards, the Prison Litigation Reform Act, issues around loss of civil rights after incarceration, and procedures for regaining lost civil rights through a Certificate of Rehabilitation.
The Universal Declaration of Human Rights - Articles 1 to 10David Morris
This slideshow is the first in a series and shows the first ten articles of the Universal Declaration of Human Rights.
The document itself is an important part of international law and was adopted by the United Nations in December 1948.
It shows no signs of being dated as all of the articles can be applied to modern day issues - including those mentioning slavery.
I hope you find this useful.
The OSCE considers freedom of expression a fundamental human right. This freedom may only be limited in order to safeguard other basic rights, such as human dignity, for a very good reason: freedom of expression is the foundation for other human rights, especially freedom of religion, freedom of the press, freedom of assembly as well as academic freedom. Without the freedom to voice opinions publicly and freely receive information, all other freedoms would not exist.
The side event addressed the constitutional implementation of freedom of expression in the OSCE region. The primary focus will be on the treatment of freedom of expression as a negative and individual right, which with respect to the “Universal Declaration of Human Rights” (UNDHR) can only be granted to humans. Competing concepts of group rights as well as hate speech and blasphemy laws will be considered in light of the UNDHR and individual rights.
How to Become a Thought Leader in Your NicheLeslie Samuel
Are bloggers thought leaders? Here are some tips on how you can become one. Provide great value, put awesome content out there on a regular basis, and help others.
The document summarizes key aspects of the Transplantation of Human Organs Act 1994 in India. It outlines the following:
1. The Act regulates removal, storage and transplantation of human organs for therapeutic purposes and prevents commercial dealings of human organs. It defines organs and tissues that can be transplanted.
2. The Act establishes authorities to regulate and authorize organ transplants. It recognizes brain-stem death and permits organ donation from deceased donors.
3. The Act defines live donors as near relatives or non-relatives with approval. It covers principal areas like authority for organ removal, hospital registration and offenses/penalties.
This document provides contact information for three offices of Altacit, an organization located in Chennai, Bangalore, and Coimbatore, India. It lists the addresses, phone numbers, email, and website for each office location.
This document discusses parliamentary privilege in India. It provides addresses for Altacit Global offices in Chennai, Bangalore, and Coimbatore. It then discusses that parliamentary privilege refers to the rights and immunities enjoyed by parliament and its members to discharge their functions. This includes freedom of speech in parliament and immunity from legal proceedings for views expressed. It outlines some relevant legal statutes and constitutional provisions regarding parliamentary privilege in India.
Issues and guidelines used by the uoi in mercy petitionsAltacit Global
This document outlines guidelines issued by the Supreme Court of India regarding various procedures that must be followed before executing a death row convict. It discusses 5 key guidelines: 1) prohibiting solitary confinement of convicts prior to mercy petition rejection, 2) requiring legal aid be provided at all stages, 3) proper procedure for placing mercy petitions before the President, 4) communicating rejection of mercy petitions by the Governor to the convict in writing, and 5) communicating rejection of mercy petitions by the President to the convict and family in writing.
The document discusses the liability of intermediaries in India. It provides addresses and contact details for the company's offices in Chennai, Bangalore and Coimbatore. It then discusses key topics regarding intermediary liability including: what intermediaries are; their liability under Indian law; the need for regulating intermediary liability; ISP liability for copyright infringement; the Information Technology (Intermediary Guidelines) Rules, 2011; how intermediaries can be targeted for defamatory content; and some relevant case laws around intermediary liability.
The document discusses the rights of transgender people in India. It provides addresses and contact information for the Altacit organization in Chennai, Bangalore, and Coimbatore. It then outlines some of the key problems faced by transgender communities like discrimination, lack of education and medical facilities, and exclusion from social, economic, political participation. It also summarizes some important court cases that have promoted transgender rights like the NALSA case and Naz Foundation case. It highlights some rights guaranteed under the constitution and discusses policies to support transgender welfare in Tamil Nadu.
This document provides information about easements, including:
1. Easements are rights to use another's property and can be created by grant, prescription, custom, or necessity. There must be a dominant and servient property.
2. Easements can be express (created by a legal document) or implied based on prior use. Types include affirmative (right to use property) and negative (right to prevent uses).
3. Characteristics of easements include the right benefiting the dominant property and different ownership of dominant and servient properties. Easements do not transfer ownership of land.
Procedures for legal adoption of children in india– a studyAltacit Global
This document provides information on the legal procedures for adoption of children in India. It discusses the key acts governing adoption, eligibility criteria for prospective adoptive parents and children, the adoption process, effects of adoption, and guidelines for inter-country adoption. Some of the main points covered include that adoption is governed by Hindu Adoption and Maintenance Act, Guardian and Wards Act, and Juvenile Justice Act, eligible adoptive parents must be over 21 years of age and financially stable, the process involves registration, home study, court hearings, and more. It also outlines guidelines for foreign nationals seeking adoption in India.
- The Juvenile Justice (Care and Protection of Children) Act 2000 is the primary legal framework for juvenile justice in India and defines laws related to juveniles in conflict with law and children in need of care and protection.
- It establishes two target groups - juveniles in conflict with law and children in need of care and protection. Juvenile Justice Boards hear cases related to juveniles in conflict with law while Child Welfare Committees handle children in need of care and protection cases.
- The Act defines procedures for apprehending juveniles, places them in observation homes, allows for bail, and lists orders the boards may pass for rehabilitation including community service, probation, or placement in special homes. It
The document discusses hate speech laws in India. It provides addresses and contact information for three offices located in Chennai, Bangalore, and Coimbatore. It then examines how hate speech laws have been influenced by concerns over caste-based discrimination and religious conflict. It outlines key instances of hate speech during elections and other time periods, and discusses laws prohibiting hate speech under the Indian Penal Code. A survey found that 85% of people see inter-religious hate speech as a serious problem in India. The Supreme Court has asked the Law Commission to examine the issue of hate speeches made by politicians.
Legal action agaisnt credit card defaultersAltacit Global
The document discusses legal action that is permissible against credit card payment defaulters in India. It provides addresses and contact information for the Altacit Global law firm in Chennai, Bangalore, and Coimbatore. It then summarizes Indian laws regarding credit cards, debt collection, and the difference between civil and criminal cases for non-payment of credit card dues. Guidelines from the Reserve Bank of India on credit card terms and debt collection are also discussed. Recent high court judgments that prevent criminal cases from being filed in civil disputes like credit card debt are summarized.
This document provides information about wills and succession laws in India. It discusses key topics such as what a will is, how to make a valid will, the ability to make a will for self-acquired property but not ancestral property, how to amend or revoke a will, applicable registration processes, and succession laws for Hindus, Muslims and those in Chennai, Mumbai and Kolkata. It also summarizes restrictions under Muslim personal law where a Muslim testator can only bequeath up to one-third of their property via a will unless heirs consent to a larger portion.
The document contains information about the National Food Security Bill of India. It outlines the objectives of the bill which are to provide food security through access to foodgrains at affordable prices. It details the entitlements under the bill for priority households, children, pregnant women and others. It also describes the grievance redressal mechanisms established under the bill including food commissions at the state level and grievance officers at the district level. Transparency and computerization of the public distribution system are mandated under the bill.
The document discusses anticipatory bail under Indian law. It provides details on:
- What anticipatory bail is and the section that empowers courts to grant it (Section 438)
- The courts that have jurisdiction to grant anticipatory bail - High Courts and Courts of Session
- The factors courts consider when deciding anticipatory bail applications
- Conditions courts can impose when granting anticipatory bail
- When a person can apply for anticipatory bail and the wide discretion courts have in deciding applications
The document discusses consumer rights in India. It defines consumer rights as the right to be informed about goods and services. It outlines the types of consumer rights which include protection from hazardous goods/services, right to information, free choice, participation in decision making, seeking redressal, and education. It discusses grounds for filing a complaint such as defective goods/services, unfair trade practices, excessive pricing, and hazardous goods. Consumers are entitled to relief such as removal of defects, replacement, refund, compensation, discontinuation of unfair practices, and more under the Consumer Protection Act of 1986.
The document discusses key aspects of the Insolvency and Bankruptcy Code, 2016 introduced in India. It aims to create a single law for insolvency and bankruptcy to consolidate existing framework. The code establishes authorities like the Insolvency and Bankruptcy Board of India as the regulator and National Company Law Tribunal and Debt Recovery Tribunal to handle corporate and individual cases respectively. It also establishes roles of insolvency professionals and information utilities in efficient resolution process. The code seeks to reduce resolution time from over 4 years currently to less than 1 year.
This document provides information about domestic violence in India, including:
- Domestic violence is endemic and widespread in India, predominantly against women. Around 70% of women experience domestic violence.
- National Crime Records Bureau statistics show a crime against a woman occurs every 3 minutes in India.
- The Protection of Women from Domestic Violence Act of 2005 provides legal remedies and protections for victims of domestic abuse.
The document discusses wrongful termination and the various types of wrongful termination claims an employee can make against an employer. It provides information on the different types of wrongful termination including discrimination, retaliation, and constructive discharge. It also summarizes the damages available to employees who successfully sue their employer for wrongful termination such as back pay, lost benefits, emotional distress damages, and punitive damages depending on the legal claims. The document is published by Altacit Global and discusses wrongful termination laws and remedies.
The document discusses the issue of legalizing euthanasia in India. It provides background on euthanasia and how it is classified. While most religions forbid euthanasia, some countries like the Netherlands have legalized it. In India, the right to life has been interpreted by courts as including the right to die with dignity. The Supreme Court has allowed for passive euthanasia in specific cases like withdrawing life support for patients in a permanent vegetative state. However, actively assisting suicide remains illegal. The debate around legalizing euthanasia in India is ongoing.
This document discusses the patenting of life forms, including:
- The evolution of life form patenting in the US, allowing microorganisms, plants, animals, and human genes and cell lines to be patented.
- The patenting of life forms is also allowed in Europe and India with some limitations.
- There are pros and cons to patenting life forms - it can encourage research but also hinder it if it leads to monopolization of important genetic materials.
The document outlines key details from the draft Unmanned Aircraft System Rules, 2020 released by the Directorate General of Civil Aviation (DGCA) of India. Some of the major points covered in the draft rules include requiring prior authorization for manufacturing, importing, owning and operating drones; eligibility conditions for authorization; insurance requirements; rules around carrying payloads and restrictions on photography; and the framework for establishing drone ports and corridors. The document also discusses definitions related to unmanned aircraft systems and drones, categories of drones based on weight, and potential future areas where drones may be used such as for BVLOS (Beyond Visual Line of Sight) operations and delivery of goods.
The document discusses the issue of sexual harassment during work from home arrangements brought about by the COVID-19 pandemic. It notes that while employees are physically at home, they are still considered to be in the workplace as per law. Virtual forms of harassment can include inappropriate clothing or behavior during video calls, sending unwanted pictures, or demanding late night calls from female employees. Maintaining professional standards of conduct and being sensitive to how actions could make others uncomfortable are important to prevent virtual harassment during the pandemic.
Information technology guidelines for intermediaries and digital media ethics...Altacit Global
The document provides an overview of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified in India.
The key points are:
1. The Rules regulate intermediaries, social media intermediaries, publishers of news/current affairs content, and online curated content publishers.
2. For intermediaries, the Rules prescribe due diligence requirements around user notifications, content takedowns, grievance redressal etc.
3. Significant social media intermediaries must comply with additional obligations regarding local presence, identification of originators, monthly compliance reports etc.
Returns and refunds consumer protection actAltacit Global
This document provides information on the Consumer Protection Act 2019 in India including key definitions, rights of consumers, refund and cancellation policies, and product liability. It discusses that the Act aims to protect consumer interests and provide effective resolution of disputes. Some key points covered include definitions of consumer and consumer rights, time limits for returns, no-cost returns, and provisions for product manufacturer liability for defects. Contact information is also provided for multiple locations of the company.
This document discusses the rights of the unborn child under various statutes in India. It summarizes key provisions from several acts and codes:
- The Limitation Act 1953 considers an unborn child as a minor for the purposes of filing legal claims.
- The Indian Succession Act 1925 defines a minor as under 18, implying an unborn child is also considered a minor.
- The Indian Penal Code 1860 criminalizes causing miscarriage or death of an unborn child in certain situations.
- The Hindu Succession Act 1956 grants an unborn child equal inheritance rights as a born child for intestate succession.
The document analyzes how different laws in India implicitly or explicitly recognize various rights
This document provides contact information for various offices of Altacit, an organization based in India. It then discusses the grounds for divorce under Hindu marriage law in India. The key grounds covered are adultery, cruelty, desertion, conversion, insanity, renunciation, and presumption of death. Examples are provided for what constitutes each ground. It is noted that leprosy and venereal diseases were removed as grounds in 2015 at the suggestion of the UN.
This document provides information about alimony laws in India. It defines alimony as the right to receive maintenance after divorce. The main purposes of alimony are to prevent unfair financial impacts of divorce and allow a spouse to maintain their standard of living. The two types of alimony are interim and permanent. When determining alimony amounts, courts consider factors like earnings, marriage length, misconduct, and standard of living. Alimony is governed by different laws for Hindus, Muslims and other religions.
This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
This document summarizes surrogacy laws in India. It begins by defining surrogacy and explaining the different types, including traditional vs gestational and altruistic vs commercial. It then discusses the history and origins of surrogacy and assisted reproductive technology. The document analyzes India's Assisted Reproductive Technology Regulation Bill of 2010 and 2016, highlighting relevant sections that regulate surrogacy clinics, create oversight boards, ban commercial surrogacy, and penalize violations. Both the pros and cons of the bills are discussed. While banning commercial surrogacy aims to reduce exploitation, it also limits an industry that boosts India's economy. The conclusion acknowledges this is a start but flaws need addressing before the bill becomes law.
This document provides information about IRS Form W-9, including how it is used, how to complete it, acceptable filing methods, and its role in the tax filing process for independent contractors and self-employed individuals. Form W-9 is used by businesses to request taxpayer identification information from contractors to file 1099-MISC tax forms. It can be completed on paper or electronically, and helps payees avoid backup withholding by certifying they are not subject to it. Completing a W-9 is the first step for self-employed workers to have their tax returns filed.
Tamilnadu regulation of rights and responsibilities of landlords and tenants ...Altacit Global
The document discusses the key aspects of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act 2017, which was enacted to regulate rental
housing in the state. Some key points include:
- It mandates all tenancy agreements to be in writing and registered with the Rent Authority.
- It applies to existing tenancies which must be registered within 90 days.
- It aims to facilitate landlords and tenants and provide affordable housing for all, given Tamil
Nadu's high rate of urbanization and rental housing.
Requirements for operation of civil remotely piloted aircraft systemAltacit Global
The document summarizes India's new Drone Regulation policy released by the Directorate General of Civil Aviation (DGCA) in August 2018. Some key points:
- The policy provides requirements for operating civil remotely piloted aircraft (drones), including obtaining operator permits and unique identification numbers.
- It establishes eligibility criteria for drone pilots, categories of drones based on weight, and restricted "red" and regulated "yellow" zones for drone flights.
- Violations can result in penalties like permit cancellations or legal action under the Indian Penal Code, with imprisonment and fines outlined in the Aircraft Act of 1934.
The regulation aims to legalize and standardize drone usage in India for the first time
Rights of employees under insolvent companiesAltacit Global
This document provides contact details for various offices of a company called Altacit located across different cities in India. It also provides the company's email address and website. The subsequent paragraphs discuss provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) related to the rights of employees under the code. It defines key terms like financial creditor, operational creditor, financial debt and operational debt. It explains that employees are considered operational creditors under IBC and unpaid salaries would be treated as operational debt. It discusses the process for initiation of Corporate Insolvency Resolution Process by an operational creditor as provided in the code.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
This document outlines the process for restoring a lapsed patent in India. It discusses how a patent owner can file an application for restoration within 18 months of the patent lapsing due to non-payment of renewal fees. The application must show the failure to pay was unintentional and there has been no undue delay. It describes the publication, opposition, and hearing process and notes restored patents include provisions to protect intervening users.
This document discusses celebrity rights in India. It begins with an introduction to celebrity rights as a significant development in intellectual property law that allows celebrities to benefit financially from their public image and prevent unauthorized commercial use. It then outlines the different types of celebrity rights, including personality rights, privacy rights, and publicity/merchandising rights. Key cases related to celebrity rights in India are also summarized. The document concludes by stating the need for specific celebrity rights legislation in India to protect celebrities while also respecting privacy and fundamental rights.
The Technology Development Board (TDB) of India was established in 1996 to promote development and commercialization of indigenous technology. It provides financial assistance in the form of equity, loans, and grants to industrial companies and research institutions. TDB aims to support innovative projects, foster partnerships between industry and research organizations, and help create new jobs through technological development. It receives funds from government grants and recoveries and operates with the goal of making India a global leader in technology and innovation.
This document discusses the Motor Vehicles Act 1988 and motor accident claims in India. It summarizes key aspects such as the creation of Motor Accidents Claims Tribunals to provide faster compensation, the entitlement to claim compensation for injury or death from motor accidents, and the use of mediation and Lok Adalats as alternative dispute resolution methods to help address the large backlog of pending motor accident claim cases in India. It also summarizes the key details and outcome of the Supreme Court case M.R. Krishna Murti v. The New India Insurance Civil Appeal Nos. 2476-2477 of 2019, which envisaged the creation of a Motor Accident Mediation Authority under the National Legal Services Authority to
Sebi (prohibition of insider trading) regulations, 2015Altacit Global
This document contains contact details for various offices of a company located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It also contains a brief summary of key aspects of insider trading regulations in India such as the definition of an insider, connected person, unpublished price sensitive information, what constitutes trading, the role of compliance officer in monitoring insider trading, and the concept of trading plans.
The document discusses the legality of cryptocurrency in India. It provides an overview of cryptocurrency and important ones like Bitcoin. It outlines the Indian government's stance, including a past ban on cryptocurrency trading by the Reserve Bank of India. The legality of cryptocurrency in India remains unclear as the government works to establish a legal framework, but some existing laws around payments and securities may apply.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
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Strategies for Effective Upskilling is a presentation by Chinwendu Peace in a Your Skill Boost Masterclass organisation by the Excellence Foundation for South Sudan on 08th and 09th June 2024 from 1 PM to 3 PM on each day.
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In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
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বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
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Film vocab for eal 3 students: Australia the movie
Human rights of an accused
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
HUMAN RIGHTS OF an
ACCUSED
- BY
SINDUJA AMUDANATHAN
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ACCUSED Means
• The term " accused " has not been specifically
defined in the code but
• what we generally understand is that the
accused means the person charged with an
infringement of the law for which he is liable
and if convicted then to be punished.
• In other words, a person who is charged with
the commission of offence. In the Bill of Rights
Ordinance, 1991 affirms that every accused has
a right to be presumed innocent until his guilt is
proved. Thus, the accused person has every
right like other citizen of the country except his
curtailment of person liberty in conformity with
laws.
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Rights of Person Arrested
Everyone who is arrested for allegedly committing an offence has the
right
• to remain silent;
• to be informed promptly
– of the right to remain silent; and
– of the consequences of not remaining silent;
• not to be compelled to make any confession or admission that
could be used in evidence against that person;
• to be brought before a court as soon as reasonably possible, but
not later than
– 48 hours after the arrest; or
– the end of the first court day after the expiry of the 48
hours, if the 48 hours expire outside ordinary court hours or
on a day which is not an ordinary court day;
• at the first court appearance after being arrested, to be charged
or to be informed of the reason for the detention to continue, or
to be released; and
• to be released from detention if the interests of justice permit,
subject to reasonable conditions.
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Rights Of Person Detained
• Everyone who is detained, including every sentenced prisoner,
has the right
• to be informed promptly of the reason for being detained;
• to choose, and to consult with, a legal practitioner, and to be
informed of this right promptly;
• to have a legal practitioner assigned to the detained person by
the state and at state expense, if substantial injustice would
otherwise result, and to be informed of this right promptly;
• to challenge the lawfulness of the detention in person before a
court and, if the detention is unlawful, to be released;
• to conditions of detention that are consistent with human
dignity, including at least exercise and the provision, at state
expense, of adequate accommodation, nutrition, reading
material and medical treatment; and
• to communicate with, and be visited by, that person's
– spouse or partner;
– next of kin;
– chosen religious counsellor; and
– chosen medical practitioner.
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Fair Trial
Every accused person has a right to a fair trial, which includes the
right
• to be informed of the charge with sufficient detail to answer it;
• to have adequate time and facilities to prepare a defence;
• to a public trial before an ordinary court;
• to have their trial begin and conclude without unreasonable
delay;
• to be present when being tried;
• to choose, and be represented by, a legal practitioner, and to be
informed of this right promptly;
• not to be tried for an offence in respect of an act or omission for
which that person has previously been either acquitted or
convicted;
• to the benefit of the least severe of the prescribed punishments
if the prescribed punishment for the offence has been changed
between the time that the offence was committed and the time
of sentencing; and
• of appeal to, or review by, a higher court.
6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Habeas Corpus
A writ of habeas corpus writ of habeas corpus is is
a court order directing a court order directing
officials holding a prisoner to officials holding a prisoner to
show cause why he or she show cause why he or she
should not be released should not be released
This right can be suspended This right can be suspended
ONLY under circumstances of ONLY under circumstances of
rebellion or invasion rebellion or invasion
……
But what about under But what about under
suspicion of acts of suspicion of acts of
terrorism?
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ARTICLE 22 of the
CONSTITUTION
As per Art. 22 of C.O.I., a person who
is arrested for whatever reason,
gets
three independent rights.
1. The first is the right to be told or
informed thereasons for the arrest
as soon as an arrest is made,
2. The second is the right to be
produced before a Magistrate within
24 hours and
3. The third is the right to be defended
by an advocate of his choice
8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Other Rights Of An Accused
An Accused/ Convict
• Should be treated with dignity.
• Should not be subjected to any physical /mental
torture or any kind of inhuman or degrading
punishment.
• Cannot be isolated in a separate cell, except on
medical grounds or if he/she has proven to be
dangerous to other prisoners.
• Must be presented with means to express
his/her grievances faced within the jail.
• Has right to meet his lawyer and family
members at least twice a week.
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
•Has right to send letters to his relatives
and to other prisoners irrespective of their
relationship.
•Has right to write books and get them
published, if he/she so desires.
•Can give press interview, subject to
reasonable restrictions.
•Cannot be held in slavery and or servitude.
•Cannot be subjected to any labour which is
exploitative in nature.
•Should be equitable remunerated for his
labour and should not be paid below the
prescribed wages.
10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to Protection
• In State of Bombay v. Kathi Kalu, AIR
1961 SC 1808:
• it was held that the protection is
available to a person accused of an
offence not just with respect to the
evidence he has to give in a court room
or trial but is also available to him at the
previous stage if an accusation has been
made against him which might in the
normal course result in his prosecution.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to legal representation
Minister of Home Affairs v Dabengwa 1982
(1) ZLR 236 S Crt
• Fieldsend CJ:
• An appeal against an order of the High Court
directing that two detained persons be
permitted to obtain and instruct legal
representatives. Local authority had issued
regulations prohibiting the detainees from
communicating with or receiving
communication from their lawyers. Such
prohibition at variance with para 2 of
schedule 2 of the constitution and therefore
ultra vires.
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Article 21
Judicial Activism – M.H.Haskoot v/s. State Of
Maharashtra
• Wherein Indian Supreme Court held that, when
ever an under trial an accused as a prisoner are
unable to defend themselves, then it is the
obligation of the state to provide free legal
assistant to such prisoner. Why because even
though, they have been deprived from their
liberty by the state the free and fair is a part and
parcel of - Article 21. Therefore free legal
assistant go hand in hand or along with free trial.
Otherwise it would be anti-national. How can we
discriminate due to they don't have anybody to
appear on behalf of them. That is the role of
government advocates.
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to a fair trial / hearing
• S v Beahan 1989 (2) ZLR 20 (SC)
• Gubbay JA:
• The right to a fair trial is guaranteed by s18 of the
Constitution. Extent to which the prosecution is obliged to
call witnesses who may assist the defence. Held that while
the prosecution of an accused person must be conducted
with due regard to traditional considerations of candour,
fairness, and justice, the prosecution was not obliged to
call witnesses regarded as material to the case of the
defence, solely in order to afford the defence the
advantage of cross-examination.
• If an accused person claims his fundamental right to a
fair hearing has been violated, in that he has not been
afforded facilities to obtain the attendance of witnesses to
testify on his behalf, he must make some plausible
showing of how their testimony would have been both
material and favourable to his defence.
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FREEDOM OF SPEECH
AND EXPRESSION
• State of Maharashtra v/s. Prabhakar
Pondurng – As being a prisoner all rights
of freedom of speech and expression was
deprived. The petitioner prisoner wanted
to publish his own biography. Matter
came before the court. Court held that,
though he is a prisoner still he seems to
be a human being. Under Article19(1) –
freedom of speech includes freedom of
speech and expression also, article 21 is
still available too. Therefore it's available
to a prisoner
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Cont…
• O. Raj Gopal v/s. State of Tamil
Nadu (Auto shankar case)
• There was a serial killer with the stone
in the prison and he wanted to write
certain articles to papers as a series
about relationship/support/expose
criminals and police. Held that though
is a prisoner freedom of speech and
expression is available to him as
following above decision too.
16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHT TO COMPENSATION
• Khatri v/s. State of Bihar (Bhagalapura
binding case)
For the 1st time compensation jurisprudence
evolved.
• Radal Shah v/s. State of Bihar – awarded Rs.
35,000/= as compensation.
For this purpose the judiciary adopted certain
measures to provide respect to prisoner's
rights. Thus the state is under an obligation to
compensate to the victim for the violation of
their rights. Therefore it protects HR.
17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Right to Interim Bail
In July 2010, the SC held that a
person is entitled to interim bail
pending disposal of the main
application, as this is a
constitutional right in consonance
with A.21 of the Constitution of
India. The ruling was delivered to
protect the reputation of persons,
who are lodged in prison.
18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHT TO HEALTH
• Mostly prisoners do not enjoy a right to free
and qualified, frequent medical attention.
They don't have choice to have physician of
their own unless when his condition is critical
then the doctor may come. They have no
opinion on treatment.
• Thus they have become ‘double handicapp'. It
violates right to health of a prisoner. Right to
life does not include right to die without right
to health. By not providing right to health, the
state shall be promoting right to die.
• Veena Sethi v/s. State of bihar - Supreme
Court held the importance of medical care to
prisoners.
19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conclusion
“It is better to allow It is better
to allow 10 guilty men to go
10 guilty men to go free than
to punish free than to punish a
single innocent a single
innocent man”