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Showing posts from November, 2021

legal framework for protection big data in india and its adequacy

        The legal framework that governs the extractive industries rests inside a broader set of rules governing the organization of the state and economic activities. A well-designed legal architecture should provide rules for how state institutions are structured; how companies acquire and manage licenses; the fiscal terms governing payments between companies and the state; environmental management; relationships between extractive projects and neighboring communities; the behavior of public officials active in the sector; public information disclosure and accountability; and how the government 2 Legal Framework will manage natural resource revenues. When companies begin to engage in a country, they must check that they are in compliance, or following, all of the rules in the legal framework of a country.  Legal frameworks comprise a set of documents that include the constitution, legislation, regulations, and contracts. How these documents relate to one another, which has more force

Section 307 IPC - Attempt to Murder

  307 IPC is an offence of ‘attempt to murder.’ It is considered as heinous as committing murder. However, the only dissimilarity is that the murder causes death of the victim, whereas as an attempt to murder is a failed attempt of causing death.  According to Section 307 of Indian Penal Code, “Whoever does any act with such knowledge or intention and under such circumstances that, if he by that act caused death, then he will be found guilty of murder. He shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. If attempt to murder has caused hurt to any person by such act, then the offender shall be liable either to imprisonment for life, or to such punishment as is here in before mentioned.” Section 307 IPC by Understanding It with the Help of Illustrations A shoots at Z with an intention to kill him.  In this case, if death ensues, then A would be guilty of murder. A will be liable to be punished under this section.  A intends t


  The previous definition of bigamy consisted of these stated words “having a husband or wife”, but these words become vague once the first marriage ceases to be legal after separation. Thus the definition of bigamy under Section 494 of IPC was suggested to be redrafted. According to Section 5 of the Hindu Marriage Act,1995 the conditions necessary at the time of marriage is that both the partners getting married should not be having a living spouse. But there is an exception provided by Section 494 of IPC, it states that either of the partners can contract a second marriage after the long absence of her partner for a period of seven years. Section 494 This Section states that any person who is already having a husband or wife and marries another person in existence of previous spouse, then the person shall be punished with imprisonment which shall extend to seven years and would be liable to fine. But a person  can not be convicted under this section when the marriage has already been

Joint or constructive criminality

  Joint or constructive criminality - the law relating to joint offender or constructive criminality is laid down under section 34 to 38 of Indian Penal Code.  There are four important principles governing joint offender  Act done by several persons in furtherance of common intention - section 34 Act done with criminal knowledge or intention - section 35  Co-operation in acts constituting an offence - section 37  Persons concerned in criminal act may be guilty of different offence - section 38 Sections  34  and  149  are  the  relevant  provisions  of  group  liability  in  the  Indian  Penal  Code. Section  34  defines  common  intention,  whereas  149  defines  the  liability  of  a  group  acting  in  the prosecution  of  a  common  object.  Common  intention  means  the  same  intention,  whereas  common object  means  similar  intention  towards  achieving  an  objective.  Under  the  concept  of  group liability,  all  the  members  of  the  group  are  equally  liable  even  if 


  Vicarious Liability: An Introduction Vicarious Liability deals with cases where one person is liable for the acts of others. So in a case of vicarious liability both the person at whose behest the act is done as well as the person who does the act are liable. Thus, Employers are vicariously liable for the torts of their employees that are committed during the course of employment. The common examples of such a liability are: (1) Liability of the principal for the tort of his agent; (2) Liability of partners of each other’s tort; (3) Liability of the master for the tort of his servant. (4) Liability of the State or Liability of the Administration. Constituents of Vicarious Liability So the constituents of vicarious liability are: (1) There must be a  relationship   of a certain kind. (2) The  wrongful act   must be related to the relationship in a certain way. (3) The wrong has been done within the  course of employment . Vicarious Liability Of The State: Introduction The term ‘admini

The importance of private in the technological era with the help of a case study .

        Human beings value their privacy and the protection of their personal sphere of life. They value some control over who knows what about them. They certainly do not want their personal information to be accessible to just anyone at any time. But recent advances in information technology threaten privacy and have reduced the amount of control over personal data and open up the possibility of a range of negative consequences as a result of access to personal data. In the second half of the 20 th  century data protection regimes have been put in place as a response to increasing levels of processing of personal data. The 21 st  century has become the century of big data and advanced information technology (e.g. forms of deep learning), the rise of big tech companies and the platform economy, which comes with the storage and processing of exabytes of data. The revelations of Edward Snowden, and more recently the Cambridge Analytica case (Cadwalladr & Graham-Harrison 2018) have d

Criminal law

  Introduction: Criminal law deals with the criminal, and helps to protect the societies and security of individual interests and ensure the survival of different groups in society.  There are two types of criminal law:  Substantive law: In this law the substance defines law and punishment like IPC. The right and obligation that govern people and organization it include all law of general and specific applicability.  Procedural law: It include the procedure, and establish the legal rules by which substantive law is created, applied and enforced particularly in court. Example: CRPC CPC. Criminal Law  The criminal law deals with the different kind crime took place in our society now question arises that what is the Crime?   Judge Blackstone defines crime as an act committed or omitted in violation of a public law either forbidding or commanding it.   Oxford Dictionary defines crime as an act punishable by law as forbidden by statute or injurious to the public welfare, not only against in

Critical analysis of Selvi v. State of Karnataka

    ABSTRACT This paper is an analysis of landmark case of Selvi v. State of Karnataka and deals with important questions pertaining to constitutionality and validity of administration of polygraph tests, brain mapping, and narco-analysis deals with the reasoning given by the courts for the administration of these tests by the investigating also depicts the conflicting position of technology and humanity. The accused are involuntarily administered to these tests which raises lot of question regarding the violation of human rights and fundamental rights. The important legal issues also make a clear stand so as to what all should be done and taken care of while using these techniques. The case gives importance to major legal issues including privacy or personal liberty, self-incrimination and substantive due process and aims to keep the constitutional morality and humanity above all. It also aims to prevent inhuman, degrading and forceful treatment by investigating


Trespass to the person is generally consider s a unreasonable interference with the body of a person which can be cause by a actual harm which include use of force, or by an apprehension of force.    Trespass to the person is further divided into Assault and Battery Battery: Battery is considered as an intentional application of force to another person without any lawful justification. Essential element of Battery If there is battery then the essential element is use of force. Even if the force use is very trivial and does not cause any harm, the wrong will be still committed. There is no needing have prove physical hurt and even though there is no physical hurt it would be still counted as the battery.  In Innes v. Wylie case there is a policeman u lawfully prevented the plaintiff from entering the club premises. It was held that the police man was entirely passive like a door or a wall put to prevent from entering the room there was no assault.    And the use of force is should be wi