LEXIS AND COMPANY

  Time to Ban Female Genital Mutilation By Shweta Nair In order to uphold the traditional practices carried out in the name of religion, people go to any extent even to the extent of circumcision of female genitalia for non-medical reasons. February 7 th of every year has been recognised as the International Day of Zero Tolerance for Female Genital Mutilation. Girls from the age of 1 to 15 years and few adult women become the victims of it. It is rather dreadful to know that over 200 million women worldwide have been subject to the practice of Female Genital Mutilation with the practice being more prevalent in Africa, Latin America and few countries in Asia. What is meant by Female Genital Mutilation?  It is a religious or traditional practice or custom wherein female genitalia is dismembered.  There are 4 types of FGM as per WHO,  Type 1: Part or overall removal of clitoral.  Type 2: Part or overall removal of external and visible parts of vulva or clitoris.  Type 3: Infibulation or

  The Role of Cyber Law in Cybersecurity in India Cyberspace is the computer-generated world of the internet, and the rules that govern it are known as Cyber laws, and all users of this space are subject to these laws since it has a form of global jurisdiction. Cyber law is a field of law that deals with legal concerns arising from the usage of interconnected information technology. In a nutshell, cyber law governs computers and the internet. The expansion of electronic commerce has prompted the need for more active and effective regulatory procedures to further enhance the legal infrastructure that is so important to its success. Cyber law encompasses all of these regulating systems and legal frameworks. Cyber law is important because it touches almost all aspects of transactions and activities and on involving the internet, World Wide Web and cyberspace. Every action and reaction in cyberspace has some legal and cyber legal angles. Cyber Crime is not defined in Information Technology

Differences between Tort & Crime                         In this article, we will be distinguishing between a Torts and a Crime according to the basis of differentiation such as sincerity, action initiated, damage, punishment and many more. Definition: Tort has been derived from the Latin term “tortum” which means to twist. Crime is an act or illegal omission which causes harm to another person that is forbidden by law. TORT Bases of Differentiation  CRIME Tort is a civil wrong. Wrong Crime is a criminal wrong. A tort is comparatively less serious in nature. Seriousness Crime is more serious in nature. A tort is a private wrong, i.e., infringement of private right of an individual. Crime is a public wrong, i.e., invasion of public rights or duties affecting the whole society. In tort, the action is initiated by the injured party. Action initiated  In crime, proceedings are conducted in the name of the state. In tort, wrongdoer has to reimbursed images to the injured party. Damages

 RIGHT TO FREE LEGAL AID BY NUPUR GARG INTRODUCTION egal Aid which means giving free legal services to the poor and needy who are unable to afford the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal or before a Judicial authority. The preamble of the Indian constitution basically aims to secure to the people of India justice – socio economic and political. His Lordship Justice P.N. Bhagwati aptly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order including justice. Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law. The State shall secure that the operatio

  Lawful Homicide By: Robin Pandey                                                               Date:20/February/2022   The concept of lawful homicide or justified homicide is a defence from culpable homicide . A homicide is lawful when there is sufficient evidence to disprove beyond reasonable doubt that the alleged doing falls under Mens Rea . The key to this defence is that it was reasonable for the subject to believe that there was an imminent and otherwise unavoidable danger of death or grievous hurt to body which is only avoided by the means of force which can lead to the death of the person using such force or the aggressor in legal sense. The distinction between lawful and unlawful homicide depends on whether the offender's act was intentional, careless or otherwise. In the first case, law will set the culprit free while in the second case he will be held criminally responsible for his criminal act. The Code lists certain situations in which criminal responsibility for ho

  Section 144 CrPC An Executive Magistrate has broad authority to deal with emergency situations under the Criminal Procedure Code (hereinafter the Code). One such provision deals with the Magistrates' power to impose restrictions on individuals' personal liberties, whether in a specific locality or within a town, where the situation has the potential to cause unrest or pose a threat to the peace and tranquilly of the area as a result of certain disputes. In summary, Section 144 grants the authority to issue an immediate order absolute in circumstances of annoyance or imminent danger. Specified kinds of magistrates may issue such orders if they believe there is sufficient reason to act under the provision and that prompt prevention or remedy is required. It requires the magistrate to issue the order in writing, including the material facts of the case, and it must be served in accordance with section 134 of the Criminal Procedure Code. The section's phrasing suggests that t

  Sources of Legal English By: Anjali Tiwari Latin was largely used in court records and later legislation in terms of its relationship to English law. Because Latin was only known by intellectuals and educators, it never became a language of litigation or conflict. The Latin word versus derives from these periods when it comes to citing cases. The Anglo-Saxon populace not only used Old English as a legal language, but also Latin, which, despite being present in England during the Roman era, was only strengthened following the arrival of Christian missionaries in 597. It was soon not only the Church's language, but also education and schooling in general. The Church marketed Christianity as synonymous with literacy, and while the majority of the public did not comprehend Latin, it established a broad norm of written communication that had a significant impact on the legal language. Another key socio-political event that shaped and characterized the linguistic situation in contempor

  Historical Development of Legal English By: Anjali Tiwari Legal English is the language which is used by the lawyers, attorneys, judges, and solicitors etc who are connected with the legal background. We are also aware of the fact that Legal English is an important part of our profession (Lawyer) and also very different from the general English which we speak. We are going to be future lawyers, so it is very important for us to know the words which are used in the courts, to do drafting, to assist clients, to plead, litigate, to fight the case in the court, to interact with the judges, because Legal English is used here. It is a form of English which has been used in our profession ‘Law’. Legal English is different from the English which we used to speak in our daily lives; it can’t be understood by the layman. We need to learn this language in order to perform well in the field of law. If we know the legal terms then it will also help us to interact more professionally with others.

  Prostitution is Legal? Prostitution is the practice of engaging in sexual activity for money but not with a spouse or a friend.  Prostitution is illegal in many countries, it is considered against humanity. Such a career is considered vulgar and is shamed upon.   India from its ancient times is considered to be religious and of a traditional mindset. India respects its morals and values, it is also very strict with it but it is shocking to state that prostitution is considered legal. In 1950, the government of India ratified the International Convention for Suppression of Immoral Traffic in Persons and Exploitation of the Prostitution of others.  After 6 years the country passed the Suppression of Immoral Traffic in Women and Girls act. In 1986, the act was amended which resulted in an Immoral Traffic Prevention act known as PITA.  Before explaining the sections it is equally important to understand the difference between trafficking and prostitution. Trafficking is considered a proc

  What Should Be Considered Sedition In Law? Sedition has been in news for a very long time. Sedition is considered a crime against the state, this is a crime where the person uses his words to instigate the public against the state. This offense is viewed against public peace.  Sedition has a long history in India, it was also followed in the British raj. Before independence, the British were paranoid of any freedom struggle and tried every bit to stop such a movement.  Indian heroes were also accused of sedition, such as Bal Gangadhar Tilak, Mahatma Gandhi, Bhagat Singh, and Jawaharlal Nehru. There was a famous case in the 19 th century, Niharendra Dutt Majumdar v. King-Emperor, in this case, the court held that public disorder or the reasonable anticipation or likelihood of public disorder is the gist of the offense. This judgment was overruled by yet another case, King-Emperor v. Sadashiv Narayan Bhalerao.  After  Independence laws related to sedition were dropped but in 1949, thi