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Preventive detention, often referred to as an extraordinary measure, allows the State to detain a person without trial in anticipation of potential threats to public order or national security. Unlike criminal prosecution, which is punitive and based on proven guilt after due process, preventive detention is precautionary. This power is constitutionally sanctioned under Article 22(3)(b)...
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The Supreme Court’s verdict in Amlesh Kumar v. State of Bihar addresses a significant constitutional question concerning the permissibility of narco-analysis tests on accused persons. The judgment reaffirms the principles laid down in Selvi v. State of Karnataka (2010) 7 SCC 263. It establishes the contours for voluntary narco-analysis tests within the framework of criminal...
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The appellate jurisdiction of High Courts in criminal matters under the Bharatiya Nagarik Suraksha Sanhita, 2023 (previously, Code of Criminal Procedure, 1973) is a crucial safeguard for the accused. It provides an opportunity to seek rectification of judicial errors, challenge wrongful convictions, and contest disproportionate sentencing. However, a recurring question in criminal jurisprudence is whether...
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The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaces the colonial-era Code of Criminal Procedure, 1973 (CrPC) as part of India’s broader criminal law reform. Among its many changes, the BNSS redefines and re-regulates the power of the police to conduct searches of persons and premises. The purpose is twofold: to enable effective criminal investigations and...
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Losing someone you love is hard enough. When it happens because of someone else’s negligence, the pain can feel unbearable. Filing a wrongful death claim won’t fix the loss, but it can bring some justice and help with the financial strain that often follows. That’s why having the right attorney matters. An experienced wrongful death...
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The case arises out of a matrimonial dispute between Krishna Kumar Gupta (Appellant-Husband) and Priti Gupta (Respondent-Wife). The parties were married, but the relationship eventually broke down, resulting in multiple legal proceedings, including claims for maintenance and return of ‘stridhan’ under the Hindu Marriage Act, 1955. Title of Case: Krishna Kumar Gupta v. Priti Gupta...
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Welcome to the Legal Bites Monthly Legal Updates for May 2025! This edition compiles and presents the 50 most significant legal, national, and international developments from May 2025. From landmark Supreme Court judgments and major government schemes to diplomatic milestones, sports achievements, and environmental initiatives, this roundup offers a concise yet comprehensive overview. Whether you’re...
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Muta marriage, also known as temporary marriage, is a form of marital contract recognised exclusively under the Ithna Ashari Shia School of Muslim law. The term Muta is derived from the Arabic root word meaning “enjoyment” or “pleasure”. Legally, it refers to a marriage entered into for a predetermined and fixed duration, with the payment...
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New Delhi, June 2, 2025 — In a powerful gathering of legal minds and water policy experts, Adhivakta Parishad Delhi Prant organized a thought-provoking symposium on the Indus Water Treaty at the Delhi High Court premises. The event, attended by nearly 300 advocates, marked a critical moment in the growing national discourse around India’s water...
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Maternity leave is not merely a workplace benefit—it is a vital safeguard for the health, dignity, and welfare of both mother and child. In India, the Maternity Benefit Act, 1961 guarantees paid leave to working women, but questions have arisen about whether such a benefit enjoys constitutional status, particularly under Article 21 of the Constitution....
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