Why Tejpal did not get Anticipatory bail?
Anticipatory Bail envisaged in 438 CrPc with an intent to protect people who may face arrest due to false accusation.As there was no remedy for a false complaint earlier and the accused person have to apply for Bail after his arrest which could cause maligning of the image of the accused person if the complaint […]
The defense who failed to defend accused in Nirbhaya’s case.
The trial of Nirbhaya’s case is now over and the five accused were convicted and awarded highest form of punishment as per the law. But how the four accused before the Saket court defended their case. Although I personally feel that there should be no defense to their heinous acts, which shook the conscience of […]
why its easier to do illegal sand mining in UP?
1. Sand mining is a lucrative business, as demand of high quality is high than supply, naturally I will get more money per ton of sand, As government is not auctioning sand mines at faster rate so for a simple reason illegal sand mining is lucrative. 2. The punishment for illegal sand mining under minor […]
Why is a girl child becoming a burden to the society?
Abortion! The moment you here this word there is some strange expression and a morose feeling in you. It is one of the world’s most painful feelings for the mother. Now the point to be considered is that whether this feeling is the same when it’s a baby girl and a baby boy? […]
Legality of surrogacy in India
Motherhood as everyone says is the worlds best relationship between a child and her mother, call is globalisation or modernisation this precious relationship has turned into a business to some people and dreams come true to some other. Surrogacy is an arrangement or call it an agreement between a woman and the intended parents […]
Analyzing Negligence
Negligence: Inviting disasters Negligence refers to doing of an act which a reasonable person would not do and not doing an act which a reasonable person would do. Negligence is both, civil and criminal. In general, Criminal negligence is negligence that is aggravated, culpable .On the other hand, civil negligence often the breach of duty of care which injury […]
Capital punishment for Rape Justified ?
The debate over the capital punishment has in the recent past acquired renewed vigour. The government of the day has been insisting on the increased use of capital punishment for crimes other than murder, particularly rape. Certain women’s group have welcomed this. The judiciary too has been awarding the capital punishment for violent crimes with increased regularity, […]
Criminal courts must consider Mediation in the cases of 498a although it is non compoundable offence: SC
Section 498 a of the IPC is not compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation. http://www.indiankanoon.org/doc/14713882/ Related articles What Does a Mediator Do? (faithmediation.com) NitishAdvocate Nitish […]
Solution for India’s Rape Problem
I have found one of the organisation in US which works for Rape related issues-: Here is a glimpse of what they actually do, and we will find solution of our problem in there working-: A brief overview of one of the Rape Crises centre in Los Angeles About Us What We Do The […]
Criminal Amendment Act 2013
Criminal Amendment Act 2013 Criminal Amendment Act 2013 NitishAdvocate Nitish Banka is a first-generation lawyer with over a decade of courtroom experience, known for his strategic defense in complex matrimonial and criminal litigation. He is the founder of Lexspeak Legal, a premium litigation practice that focuses on false 498A/DV cases, maintenance disputes, quashing petitions, discharge, […]
