Month: April 2022
Constitutionality of Marital Rape in India: From Law Commission Reports to Substantive Testing
Listen to the article here. In the process of the Delhi High Court on 10 January, 2022 continuing the hearing of petititons on Marital Rape, there is unclarity on its current legal stand. The main contentions raised are on the exemption – II of S.375 of the Indian Penal Code (IPC), and the state failure…
Arrest Warrant and Role of Magistrate
As a regular writer, I try to focus upon the problems that I as Magistrate regularly encounter in court. One such problem is the issuance of a Non-Bailable warrant, at what stage it can be issued, and can it be issued on mere asking by a Police officer and guidelines, if any, that need to…
Non-waiver Clauses: Effective in case of Silence?
INTRODUCTION In the law of contracts, ‘waiver’ is a term used to define the forbearance of right where one party voluntarily agrees to grant a concession to the other contracting party with regards to the performance of a contract. In India, Section 63 of the Indian Contracts Act 1872 contains the provision that deals with…