SHATAXI AMICUS LEX

  INTRODUCTION The principle of Nemo Moriturns Prasumitus Mennre dictates that no person shall be presumed to lie as to the consequences or circumstances of their death, at the time of their death. The palpable feeling impending death, produces a virtuous effect similar to an individual under oath. This is the prime philosophy to be considered when talking about the admissibility of Dying Declaration in a Court of Law. However, in the recent case of death of saint Narendra Giri , the point of whether the circumstances surrounding the death can be attributed to dying declaration becomes moot. We shall look at whether the peculiar intricacies of the situation which led to the death of the saint can be considered under the umbrella of Dying Declaration.  Moreover, when we consider the rights of a person to a dignified death, it should be a practice that an individual shall be left alone in the realm of their afterlife and the cause and circumstance of their death, if at their ow...

CRIME IN SPACE: THE CASE OF ANNE McCLAIN AND THE GROWING NEED FOR SPACE LAW As per the details outlined in the previous article, Anne McClain is reported to be the first person alleged to have committed a crime in outer space. This case demonstrates that the reach of law is as vast as space itself—in fact, wherever humans go, law is bound to follow. The alleged offense committed by Anne McClain may seem minor compared to terrestrial crimes like murder or terrorism. However, it has undoubtedly opened the door to critical discussions on the scope and applicability of space law. With various space missions planned by both nation-states and private companies, the likelihood of space-related criminal activity is expected to rise. Facts of the Case Summer Worden initially filed a complaint with the U.S. Federal Trade Commission. Worden alleged that Anne McClain accessed her personal bank account using NASA resources aboard the International Space Station (ISS). McClain acknowledged acces...

PROMISES OF PROTECTING HER SAFE BY HUSBAND ARE NOW FADED LANDMARK JUDGMENTS ON SECTION 498A OF IPC Reported cases of crime against women increased 83% from 185,312 in 2007 to 338,954 in 2016. Cruelty by husband or his relatives” was the most reported crime against women, accounting for 33% of all crimes in 2016. So, Are the laws incompetent or are the execution of the law needs to be effective? Section 498A of IPC deals with the crime i.e. Cruelty to the woman by his husand or relatives. UNDERSTANDING SECTION 498A OF IPC Where religions and customs translated marriage as a bond based on love and sharing, local experiences indicated it as a license to ill-treat the wife. Section 498A has been engrafted in the India Penal Code(IPC), 1860 in the year 1983 when the national concise was disturbed by cases of bride beating, suicides, cruelty by husband and relatives on the wife. Section 498A through its explanations defines the term ‘cruelty’ as any wilful conduct which drive...

Introduction The principle of fair conviction and appropriate sentencing requires a reasonable and pertinent time for pre-sentence hearing. Various judicial precedents demonstrate the appellate courts’ efforts to maintain a balance between two fundamental rights: the  Right to a Fair Trial  and the  Right to a Speedy Trial . While procedural safeguards such as pre-sentence hearings protect the accused’s rights, these provisions may also be misused to unduly delay the trial process. Fortunately, experienced judges in India possess the expertise to distinguish between legitimate requests for time and tactics aimed at protracting trials, thereby safeguarding the rights of the accused without compromising the integrity of the judicial process. The Right to Pre-Sentence Hearing The Supreme Court of India affirmed the right to pre-sentencing in  Bachan Singh v. State of Punjab (1980)  and numerous subsequent rulings. This practice aligns with the common law traditio...