I. Introduction: Article 21 and the Quest for Privacy Article 21 of the Constitution of India, enshrined in Part III guaranteeing Fundamental Rights, stands as a cornerstone of individual liberty. Its text, concise yet profound, declares: “No person shall be deprived of his life or personal liberty except according to procedure established by law”.1 This […]
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Global and Indian I. Introduction A. Purpose and Scope This report provides a comprehensive legal analysis of the definition, nature, and scope of insurance contracts, focusing first on general principles and subsequently on the specialized domain of marine insurance. The objective is to delineate the fundamental legal characteristics of these agreements, exploring the core principles
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1. Introduction The Code of Criminal Procedure, 1973 (CrPC) equipped Magistrates with distinct powers to direct police involvement in criminal matters initiated through complaints. Two pivotal provisions in this regard are Section 156(3) and Section 202(1). While both empower a Magistrate to order or direct an investigation, they operate at fundamentally different stages of the
A Comprehensive Analysis of Legal Frameworks, Schemes, and Judicial Perspectives 1. Introduction The Administration of criminal justice has historically centered on the apprehension, prosecution, and punishment of offenders, often relegating the victim to the periphery of the process.1 Victims, despite being the primary sufferers of crime, were frequently viewed merely as sources of information or
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Capital Punishment: A Constitutional, Comparative, and Penological Analysis with Special Reference to India 1. Introduction 1.1 The Global Debate Capital punishment, or the death penalty, represents the state’s ultimate sanction against an individual. Its practice, stretching back through history, remains one of the most deeply divisive issues in contemporary legal and ethical discourse.1 Across the
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Life Insurance and the Suicide Clause: A Comparative Legal Analysis of England and India 1. Introduction The suicide clause is a near-ubiquitous feature within life insurance contracts across the globe, representing a complex intersection of contract law, insurance principles, public policy, and societal attitudes towards self-inflicted death. This report provides an expert comparative analysis of
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I. Introduction The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (hereinafter “the Act”) stands as a significant piece of special legislation within the Indian legal landscape. Its stated purpose is to make special provisions for the prevention of, and for coping with, gangsters and anti-social activities within the state of Uttar Pradesh, along
An Analysis of the Digital Personal Data Protection Act, 2023 and Draft Rules, 2025 I. Introduction: The DPDP Act 2023 and Draft Rules 2025 – India’s New Data Protection Paradigm India has entered a new era of data governance with the enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act or the Act).1
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I. Introduction II. Article 25: Individual Freedom of Conscience and Religion The trajectory of the ERP test reveals a significant evolution in judicial thinking. Initially conceived in Shirur Mutt as a way to identify the core of religion, with deference to the religion’s own doctrines 42, the test has increasingly become a tool for the
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1. Introduction This report undertakes an analysis of the intricate and often conflicting relationship between the statutory Right to Information (RTI), as established under the Right to Information Act, 2005, and the fundamental Right to Privacy, judicially recognized under Article 21 of the Constitution of India. Both rights represent cornerstone principles within the Indian democratic
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I. Introduction: The Constitutional Imperative of Press Freedom in India A. The Foundational Role of Free Speech and Press in Indian Democracy The Constitution of India, the supreme law of the land, establishes a democratic republic founded upon ideals of justice, liberty, equality, and fraternity.1 Central to the realization of these ideals, particularly liberty, is
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