DR ANUPAM KUMAR MISHRA

  Steps to File an FIR FIR stands for ‘First Information Report.’ A First Information Report as the name suggests is the first step towards any criminal proceeding that leads to the trial and subsequent punishment of a criminal. Let us look at the provisions of law which empower this document Section 154 of the CrPC, 1973  deals with the information in cognizable offence. According to this section every information relating to the commission of a cognizable offence if  given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and be read over the informant and every such information, either given in writing or reduced to writing as aforesaid shall be signed by the person given it and the substantive there of shall be entered in a book to be kept by such officer in such form as the state Government may prescribe in this behalf. A copy of the information as recorded shall be given forthwith, free of cost, to the informant of the F

  Bandhua Mukti Morcha v Union of India: Case Analysis Brief Facts The petitioner, an association committed to the reason of the arrival of reinforced workers in the nation, tended to a letter to Hon’ble Bhagwati, J. asserting: (1) that there were a large number of workers from various parts of the nation who were working in some of the stone quarries arrange in area Faridabad, the State of Haryana under “brutal and insufferable conditions; (2) that a large number of them were reinforced workers; (3) that the arrangements of the Constitution and different social welfare laws went to help the said labourers were definitely not being actualized with respect to these labourers. The candidate also referenced in the letter the names of the stone quarries and points of interest of workers who were functioning as fortified workers and implored that a writ is given for legitimate usage of the different provisions of the social welfare enactment, for example,  Mines Act, 1952 Inter-State Migran

 CASE STUDY: DONOGHUE V. STEVENSON (1932) Donoghue v. Stevenson, also known as the ‘snail in the bottle case’, is a significant case in Western law. The ruling in this case established the civil law tort of negligence and obliged businesses to observe a duty of care towards their customers. The events of the case took place in Paisley, Scotland in 1928. While attending a store, Ms May Donoghue was given a bottle of ginger beer, purchased for her by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not made of clear glass, Donoghue consumed most of its contents before she became aware of the snail. She later fell ill. Donoghue subsequently took legal action against Mr David Stevenson, the manufacturer of the ginger beer. She lodged a writ in the Court of Sessions, Scotland’s highest civil court, seeking £500 damages. Donoghue could not sue Stevenson for breach of contract because she had not purchased the drink herself. Instead, Donoghue’s la

  Private Defence The law permits use of reasonable force to protect one's person or property. If the defendant uses the force which is necessary for self-defence, he will not be liable for the harm caused thereby. The use of force is justified only for the purpose of defence. There should be imminent threat to the personal safety or property, e.g., A would not be justified in using force against B, merely because he thinks that B would attack him some day, nor can the force be justified by way of retaliation after the attack is already over. It is also necessary that such force as is absolutely necessary to repel the invasion should be used: thus, "if A strikes B, B cannot justify drawing his sword and cutting off his hand." The force used should not be excessive. What force is necessary depends on the circumstances of each case. "While the law recognizes the right of self-defence, the right to repel force with force, no right is to be abused and the right of self-d

 Child labour laws in India In 2011 , the national census of India found that the total number of child labourers, aged [5–14], to be at 10.1 million, out of the total of 259.64 million children in that age group. The child labour problem is not unique to India; worldwide, about 217 million children work, many full-time. As per the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, amended in 2016 ("CLPR Act"), a "Child" is defined as any person below the age of 14, and the CLPR Act prohibits employment of a Child in any employment including as a domestic help. It is a cognizable criminal offence to employ a Child for any work. Children between age of 14 and 18 are defined as "Adolescent" and the law allows Adolescent to be employed except in the listed hazardous occupation and processes which include mining, inflammable substance and explosives related work and any other hazardous process as per the Factories Act,

                              Child Marriage in India Child marriage prevalence is generally defined as the percentage of women 20-24 years old who were married or in union before age 18. India is estimated to have over 24 million child brides. 40% of the world’s 60 million child marriages take place in India according to the National Family Health Survey. India has the 14th highest rate of child marriage in the world, according to the International Center for Research on Women.           Marriage systems and practices vary by region, caste and tribe. Rates of child marriage are higher in the North-West and lower in the South-East of the country. The states with the highest rates of child marriage (50% and above) are Bihar, Rajasthan, Jharkhand, Uttar Pradesh, West Bengal, Madhya Pradesh, Andhra Pradesh and Karnataka. But even in low prevalence states there may be pockets of with high rates of child marriage. According to a recent district-level household and facility survey (DLHS), co

  What is Justice? From my point of view, justice is nothing but being fair. Okay, what is justice from a law point of view?-Being justified. But what is being justified? It is the process of using laws to judge and punish crimes and criminals fairly. What is a theory of justice? John Rawls, a political philosopher and an American moral, wrote A Theory of Justice in 1971. It tried to address the issue of societal distributive fairness. Traditional philosophical arguments on what defines a fair institution and the basis for social acts and policies were rejected by Rawls. The utilitarian argument states that society should seek the greatest good for the most significant number of people, which aligns with the tyranny of the majority over the minority. According to John Rawls, justice is defined as fairness, and social justice is the primary feature of social organizations. Rawls is a moral and political philosopher from the United States who wrote A Theory of Justice in 1971, “Political