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Showing posts with the label Indian Law

Stricter Immigration Rules Coming: Modi Govt’s New Bill Proposes Rs 10 Lakh Fine for Fake Passports

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Stricter Immigration Rules Coming: Modi Govt’s New Bill Proposes Rs 10 Lakh Fine for Fake Passports Introduction: Immigration and Foreigners Bill, 2025 The Modi government is set to introduce The Immigration and Foreigners Bill, 2025 in the ongoing Budget session of Parliament . The bill, to be presented by Union Home Minister Amit Shah , aims to replace multiple outdated laws and introduce stricter regulations regarding foreign nationals, passports, visas, and national security . Key Provisions of the New Bill 1. Heavy Penalties for Unauthorized Entry & Fake Passports Foreigners entering India without authorization may face a penalty of up to ₹5 lakh . Use of fake or fraudulently obtained passports could result in a fine of up to ₹10 lakh . Overstaying beyond visa duration could lead to three years' imprisonment and a fine up to ₹3 lakh . 2. Replacement of Outdated Laws The new Bill will repeal and replace the following laws: ✅ Passport (Entry into India) Act...

SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law

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SC Seeks Centre’s Response on Muslim Woman’s Plea for Indian Succession Act Over Sharia Law The Case at a Glance The Supreme Court of India has directed the Central Government to respond to a petition filed by a Kerala-based Muslim woman, Safiya PM , who seeks to be governed by the Indian Succession Act, 1925 , instead of Muslim Personal Law (Sharia Law) regarding inheritance. A bench led by Chief Justice Sanjiv Khanna , along with Justices Sanjay Kumar and KV Viswanathan , has given the government four weeks to file its response, with the hearing scheduled for May 2025 . Why Is the Woman Challenging Sharia Law? The petitioner, a non-believer Muslim , argues that since she does not practice Islam, she should be governed by secular inheritance laws rather than religious laws. ✔️ Sharia Law Restriction – Under Sharia law , a Muslim individual can only bequeath one-third of their property via a will. The remaining two-thirds is distributed according to Islamic inheritance rul...

Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis

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Delhi High Court Discharges School Principal in Student Death Case: A Detailed Analysis In a significant ruling, the Delhi High Court discharged a government school principal, Rekha Kakkar, in a 2016 case concerning the death of a student due to alleged negligence. This article delves into the legal aspects of the case, the reasoning behind the court's decision, and an explanation of the applicable legal provisions, specifically Section 251 of the CrPC and Section 304A of the IPC . Case Background: What Happened? The tragic incident occurred in a government school in Delhi's Kapashera area in 2016. A four-year-old student died after falling into a septic tank on the school premises, allegedly due to negligence. An FIR was registered under Section 304A (Death by Negligence) read with Section 34 (Common Intention) of the IPC against the school principal, a Junior Engineer (JE), a contractor, and a school maid. The charge sheet was filed on July 5, 2016 , and the Metropo...

Marital Rape: NGO Seeks Intervention in Supreme Court

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Marital Rape: NGO Seeks Intervention in Supreme Court  Introduction The debate around marital rape continues to intensify as the Justice for Rights Foundation , a non-governmental organization, files an application in the Supreme Court of India. The NGO expresses concerns over the potential misuse of laws if marital rape were to be criminalized, arguing that existing legal provisions already protect women from abuse within marriage. Concerns Over Legal Misuse In their application, the NGO cites Section 498A of the Indian Penal Code , which has been widely criticized for its potential misuse. They argue that criminalizing marital rape could create an additional tool for malicious prosecution, which could have severe implications for innocent husbands. The application states:   > "Accusations of rape carry a severe social stigma, and false allegations could irreparably harm the reputation and lives of innocent husbands." Existing Protections The Justice for Rights Found...

Supreme Court Issues Stay on Defamation Proceedings Against Shashi Tharoor

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Supreme Court Issues Stay on Defamation Proceedings Against Shashi Tharoor On September 10, 2024, the Supreme Court of India stayed the defamation proceedings against Shashi Tharoor, a sitting Member of Parliament, while hearing his appeal in a Special Leave Petition (SLP) related to remarks made in 2018. The complaint was filed under Section 200 of the Code of Criminal Procedure (CrPC), accusing Tharoor of defamation under Sections 499 and 500 of the Indian Penal Code (IPC) for statements he made referring to Prime Minister Narendra Modi. Background of the Case The controversy stems from a speech made by Shashi Tharoor on October 28, 2018, where he quoted a metaphor that had previously appeared in an article published in The Caravan Magazine on March 1, 2012. Tharoor referenced the metaphor, allegedly made by an unnamed source in the RSS, describing Prime Minister Modi as a "scorpion sitting on a Shivling," a remark meant to illustrate the difficulty of managing Modi's l...

SC Reiterates Bail as the Rule, Jail as the Exception

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SC Reiterates Bail as the Rule, Jail as the Exception The Supreme Court of India has once again underscored the principle that bail should be the rule, and jail the exception. This reiteration came in a recent ruling where the apex court granted bail to an accused, Prem Prakash, in a money laundering case. The court emphasized the importance of not using statements given by an accused under custody as admissible evidence, especially when such statements are made under duress or coercion.  Inadmissibility of Statements Under PMLA Custody The Supreme Court bench comprising Justices B.R. Gavai and K.V. Viswanathan ruled that any statement made by an accused under Section 50 of the Prevention of Money Laundering Act (PMLA) while in custody is inadmissible. The court stressed that an accused in custody cannot be considered to be acting with a free mind, and any statement made under such circumstances could be unsafe and unjust to be used against them. This ruling came in the context of ...

Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution

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Pune Porsche Car Case: Accused “Played with Judiciary” by Tampering with Evidence, Says Prosecution  In a dramatic turn of events, the prosecution in the Pune Porsche car case has alleged that the six accused tampered with evidence, effectively "playing with the judicial system." The case involves a tragic accident on May 19, where a Porsche car, allegedly driven by a minor under the influence, killed two IT professionals in Pune's Kalyani Nagar area. Background of the Case On May 19, a high-speed Porsche car, driven by a minor, collided with two IT professionals, resulting in their deaths. The incident drew national attention and led to a complex legal battle. The accused include the minor's parents—Vishal Agarwal and Shivani Agarwal—along with medical professionals and middlemen who are alleged to have conspired to alter evidence. Allegations of Evidence Tampering Special Public Prosecutor (SPP) Shishir Hiray has argued that the accused, including the minor's pa...

Mumbai: Body Found in Bag at Dadar Railway Station; Two Arrested

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Mumbai: Body Discovered in Suitcase at Dadar Railway Station; Two Arrested In a shocking development at Dadar railway station, Mumbai Police have arrested two suspects following the discovery of a dead body in a suitcase. The suspects, identified as Jai Praveen Chavda and Shivjeet Surendra Singh, were apprehended in connection with the murder of Arshad Ali Sheikh, a resident of Santacruz. Discovery and Arrests On early Monday morning, during a routine luggage-checking operation by the Railway Protection Force (RPF) and Government Railway Police (GRP), officers found the body of Arshad Ali Sheikh concealed in a suitcase. The suitcase was being carried by the suspects, who had planned to dispose of the body by traveling on the Tutari Express train. Investigation and Suspects The investigation revealed that the murder occurred within the jurisdiction of Pydhunie Police Station. The conflict between the victim and the suspects reportedly stemmed from a dispute over a female friend. Followi...

Plea in Supreme Court Against Newly Amended Criminal Law Bills

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Plea in SC Against Newly Amended Criminal Law Bills A public interest litigation (PIL) has been moved in the Supreme Court against the newly amended criminal law bills: Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha (Second) Sanhita, 2023. The petitioners, Anjali Patel and Chhaya, represented by advocates Sanjeev Malhotra and Kunwar Siddhartha, seek to challenge the viability and implementation of these laws. Petitioners' Concerns and Demands The petitioners have urged the Supreme Court to issue a notice to immediately constitute an expert committee to assess and identify the viability of the three new amended criminal laws. The plea seeks to overhaul the criminal laws of the country and replace the Indian Penal Code 1860, Code of Criminal Procedure, and Indian Evidence Act, 1872. The petition has also sought to stay the operation and implementation of these new laws. Alleged Defects in the New Bills According to the plea, the propo...

Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims

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Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims The Supreme Court of India has agreed to examine a plea that raises questions about the applicability of Sharia law to non-believer Muslims. The plea seeks a declaration that individuals who do not wish to be governed by Muslim Personal Law should have the option to be governed by the secular laws of the country. Petition Filed by Safiya PM The petition was filed by Safiya PM, a Kerala-based woman who identifies as a non-believer Muslim. She argues that she should be governed by the Indian Succession Act of 1925 concerning inheritance, rather than Sharia law. According to her, under Sharia law, individuals who leave Islam are excluded from their community and lose inheritance rights in their parental property. Challenge to Sharia Law Restrictions Safiya PM's plea highlights that Sharia law restricts a Muslim person from bequeathing more than 1/3rd of their properties by way of a will. This limitati...