Legitimacy of a Child under Indian Evidence Act

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Section 112 of the Indian Evidence Act lays down that:

1. the fact that a child was born during the subsistence of a valid marriage between his mother and a man, or
within 280 days after the dissolution of marriage and the mother remains unmarried,
2. this shall be conclusive proof that it is the legitimate child of that man.

Important: This provision is subject to the exception that the man and woman had no access to each other.Read More →

Constitutional History

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1. Regulating Act, 1773
2. Pitts India Act, 1784
3. Charter Act, 1813
4. Charter Act, 1833
5. Government of India Act, 1858
6. Indian Council Act, 1861
7. Indian Council Act, 1892
8. Act of 1909 (Minto Morley Reforms)
9. Act of 1919 (Montagu Chelmsford Reforms)
10. Government of India Act, 1935
11. Cripps Mission
12. Cabinet Mission Plan
13. Indian Independence Act, 1947Read More →

Statement and Confession under Section 164 CrPC

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Section 164 of the Criminal Procedure Code deals with the magistrate’s power to record a confession and other statements. The confession so recorded can be used as substantive evidence. In this law note, let us study the statements and confessions under section 164 CrPC.

A confession is a statement in which the suspect acknowledges his guilt of a crime.

A statement is the declaration of matter of fact.Read More →

What are the Legal Protections Available to an Accused

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Along with the rights granted to the accused, some legal protection is available as well. Protection to the accused is provided with a view of human dignity that is given to every citizen. This short law note states the legal protection that is available to an accused under a criminal trial. And, these can be stated as:

1. Doctrine of double jeopardy.
2. Presumption of innocence.
3. Doctrine of self-incrimination.Read More →

Composition, Aims and Objectives of Niti Aayog

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In the year 2014, the government replaced the Planning Commission with a body called Niti Aayog. NITI stands for ‘National Institution for Transforming India.’

Niti Aayog is neither a constitutional body nor a statutory body but the outcome of an executive resolution. It was not created by the act of parliament.

The government was of the view that with the changing norms and structure of the Indian economy, it is necessary to take a step forward and modalise the organisations for better working in this competitive era.Read More →

List of Important Sections of Hindu Law

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Section 2 – Application of Act.
Section 3 – Definitions.
Section 5 – Conditions for a Hindu Marriage.
Section 7 – Ceremonies for a Hindu Marriage.
Section 8 – Registration of Hindu Marriages.
Section 9 – Restitution of conjugal rights.Read More →

List of Important Sections of CrPC

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Section 2 – Definitions.
Section 6 – Classes of Criminal Courts.
Section 9 – Court of Session.
Section 10 – Subordination of Assistant Sessions Judges.
Section 11 – Courts of Judicial Magistrates.
Section 12 – Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.Read More →

Right to Information as a Fundamental Right

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Right to information is merely a statutory right created by the RTI Act, 2005, whereas it is essentially a Fundamental Right guaranteed by the Constitution of India.

Throughout the world, RTI is seen as a key to strengthen the democracy of a country and to ensure the development of its citizens. Even in India, the government enacted the Right to Information Act in 2005, allowing transparency, autonomy, and access to information to Indian citizens.Read More →

Remedies under Tort Law

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The remedy is nothing but a relief available to the person against whom any wrong has been committed. And such relief is given by the accused party.

A tort can be committed against an individual or his property. Certain torts take place even if a person does not have an intention to commit them. Example – Nuisance.Read More →

Indian Prime Minister Appointment, Term, Oath, Resignation, Powers and Functions

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Being the head of the government, various functions and powers are bestowed upon the Prime Minister. These are:

1. Prime Minister recommends the President regarding the appointment of ministers. The nomination of members of the council of ministers is done by the Prime Minister to the President.

2. The allocation and reshuffling of various portfolios among ministers is done by the Prime Minister. If any portfolio is not allocated to any cabinet member, the Prime Minister may retain it.Read More →