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Proclaimed Offenders and Pre-arrest Bail: Carving Out Exceptions Under Section 82 CrPC and Section 84 BNSS
I. Introduction The interrelation between Section 82 of the Code of Criminal Procedure, 1973 (CrPC) and Section 438 CrPC, which deals with the grant of anticipatory bail, has been the subject of considerable judicial interpretation. The corresponding provisions under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are Sections 84 and 482, respectively. Judicial precedents on…
Legal Limits of Civil Imprisonment for Maintenance Default Under (HMA, HAMA, CrPC, and BNSS)
INTRODUCTION The enforcement of maintenance orders is a critical aspect of matrimonial and family law, ensuring financial security for dependents. Various statutes, including the Hindu Marriage Act, 1955 (HMA), Hindu Adoptions and Maintenance Act, 1956 (HAMA), Code of Criminal Procedure, 1973 (CrPC), and the newly enacted Bharatiya Nyaya Sanhita, 2023 (BNSS), provide mechanisms for securing…
Filling the Void: Legal Lacunae & the Rising Horrors of Necrophilia in India
I. Introduction The current era has posed a significant threat to the inherent dignity of women, with heinous rape cases escalating at an alarming rate. It is even more heart-wrenching that women are not safe even after death. Their corpses are being sexually exploited by lustful demons who have either abandoned all sense of humanity…