Found 1005 Articles for Legal Studies

The Criminal Procedure Code, 1973 that regulated the procedure of arrest, bail, prosecution, trail, and delivery of judgement, now has been replaced by “Bharatiya Nagarik Suraksha Sanhita. On 25th December, 2023, the President of India assented the Bharatiya Nagarik Suraksha Sanhita Bill and resultantly, it became the law. Now, all such procedures of criminal trial, arrest, bail, and all other works of prosecution will be regulated by Bharatiya Nagarik Suraksha Sanhita, 2023. What does the Criminal Procedure Code Exactly Define? The Criminal Procedure Code of 1973 is well defined legal system that governs the procedural aspects of criminal trial ... Read More

The Bharatiya Sakshya Adhiniyam that has been finally assented by the President of India on 25th of December, 2023, has become a new evidence law by replacing the existing Indian Evidence Act of 1872. It is thoroughly revised and consolidated with the objective to resolve the issues and concerns largely raised because of lengthy and complex features of existing Act and also the issues arose because of the advancement of technology. What does the Bharatiya Sakshya Adhiniyam Exactly Define? The Bharatiya Sakshya Adhiniyam (or simply BSA) is now the main procedural as well as substantive law for the administration ... Read More

The Bharatiya Nagarik Suraksha Sanhita that has been finally assented by the President of India on 25th of December, 2023, has become a new criminal (procedural) law by replacing the existing Criminal Procedure Code of 1973. It is thoroughly revised and consolidated with the objective to resolve the issues and concerns raised because of the lengthy and complex features of existing Criminal Procedural Code and change in societal practices and technological advancement. What does the Bharatiya Nagarik Suraksha Sanhita Exactly Define? The Bharatiya Nagarik Suraksha Sanhita (or simply BNSS) is now the main procedural law for the administration of ... Read More

Till the date 25th of December, 2023, Indian Judiciary had been following the colonial-era Indian Penal Code (IPC), which was enacted by the British government in 1860. But the Parliament has passed the Bharatiya Nyaya Sanhita and subsequently enacted in 2023 and replaced the Indian Penal Code of 1860. What does the Bharatiya Nyaya Sanhita, 2023 Exactly Define? The Bharatiya Nyaya Sanhita that is passed on 20th (Lok Sabha) and 21st (Rajya Sabha) of December, 2023 and subsequently assented by the Hon'ble President Droupadi Murmu on 25th of December, 2023, is a criminal law, which is drafted based on ... Read More

On August 10, 2023, the Ministry of Home Affairs has introduced Bharatiya Nyaya Sanhita Bill (and finally assented on 25th of December, 2023) to replace the existing Indian Penal Code of 1860. While introducing the Bill in Lok Sabha, Amit Shah, the Union Home Minister, said that the existing criminal laws were reflective of the colonial mindset, which was enacted with the intention of punishing and not imparting justice. On the other hand, the new law will be "consonance with the spirit of the Constitution." Likewise, as per the recent update, the Bill was passed in the Lok Sabha ... Read More

Accessing the justice and opportunity to be represented in the court is Constitutional as well as Fundamental Right. And, to justify this right, the provision of legal aid and free legal service plays a crucial role. The provision of free legal service designed to provide free legal advice, counseling, legal representation, and any such other legal service as per the requirements. However, this service is not available for all rather for certain class of people, as defined by the Legal Service Authority Act. Basis for Free Legal Service in India Primarily, the right to free legal aid is defined ... Read More

The relationship between the client and his advocate is mutually beneficial and complementary and both them have some defined responsibilities for each other. And, breach of any such responsibilities by any party may potentially affect both the parties. What are the Rights Client having Against his Advocate? In a legal system, representation of a client is fundamental aspect of justice and because of this, clients wholeheartedly trust on the actions of their advocates. In return, advocates have the responsibility to safeguard their clients’ interests and rights. Likewise, as the clients have some responsibility towards their advocates, they also ... Read More

Most of the States and some of the Union Territories have the state bar council, which play a crucial role in defining and structuring the legal profession and education in their respective state. It is an administrative body that enrolls new advocates, maintains the advocates’ roll, defines the legal education offered by different universities, and also takes disciplinary action against the advocate who misbehaves or does not follow the code of ethics defined under the Advocates Act of 1961. Formation of State Bar Councils Section 3 of Advocates Act, 1961 states that “there shall be state bar council.” Likewise, state ... Read More

Advocates are considered as the friend of society, as they fight to protect human rights of an individual (in particular) and of society as a whole (in general). But while doing their duty, they are expected to maintain their code of ethics and follow the prescribed provisions. In case of failing to follow the prescribed provisions and code of ethics that may cause potential harm to their client, the aggrieved party (preferably their client) may file a complaint against them. What is the Statutory Framework of Filing Complaints Against an Advocate? The Advocates Act of 1961 provides a ... Read More

In country like India, where financial disparity is very wide, the provision of legal aid plays critical role, as it fills the financial gap by providing free legal service to all marginalized and poor class. The purpose of legal aid to ensure that all individuals who because of financial hurdle unable to access justice for themselves, can get legal service, such as advice, representation, and fair trial at par with the wealthy people. Legal Aid Services in India The concept of legal aid in India is enshrined in Article 39A of the Constitution. This Article directs every state (of ... Read More