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Showing posts from November, 2020

No Prima Facie evidence for proving Abetment to Suicide in Arnab Goswami Case; says Supreme Court

 No Prima Facie evidence for proving Abetment to Suicide in Arnab Goswami Case; says Supreme Court   (Image Source: DNA India) The Supreme Court today by its judgement dated 27/11/2020 extended the interim bail of Arnab Goswami and other co-accused in Anvay Naik's suicide case 2018.  The interim protection that was granted by the Supreme Court by the order dated 11th Nov. 2020 has been extended and shall continue to remain in force till High Court decides on quashing of FIR, for a period of four weeks from the date of the judgement of the Bombay High Court. The Supreme Court said that prima facie evaluation of FIR doesn't establish the ingredients of Sec 306 IPC Abetment to Suicide. There is no apprehension as regard to the tampering of Evidence or Witnesses. It also held that Courts must ensure that Criminal law doesn't become a tool of the state to harass citizens.  (Image Source: Scroll.in) Supreme Court's order dated 11th Nov. 2020: ― 9 We are of the considered v...

Concept of Crime and Law and Emergence of Criminal Law

I Crime and Law  Crime and Law are two very common yet too technical terms. Both exist in the society simultaneously but exist in contradiction to one another and lose their meaning in absence of other. Before heading forward into details and technicalities, let's first start with the definitions of the two: 1. Crime:  The Merriam-Webster dictionary defines crime as'   an illegal act for which someone can be punished by the government especially: a gross violation of law '   According to Blackstone Crime is,"  “an act committed or omitted in violation of public law forbidding or commanding it" According to Stephen Crime is  " an act forbidden by law and which is at the same time revolting to the moral sentiments of the society”   2. Law:   The Merriam-Webster dictionary defines law as,  ' a binding custom or practice of a community :  a rule of conduct or action prescribed  or formally recognized as binding or enforced by ...