The Legal Blogger

“nemo teneteur prodre accussare seipsum” No man is bound to accuse himself. The protection against self incrimination is provided under Article 20 clause 3 of Indian Constitution which states that, no person accused of any offence shall be compelled to be a witness against himself. The statement given by the accused, stating him guilty voluntarily without force will not lead to any violation of Article 20(3) of the Indian Constitution.   No testimonial compulsion should be made to the alleged accused to state himself guilty of any offence. The Indian constitution has adopted this provision from the American constitution which states that “No person shall be compelled in any criminal case to be a witness against himself”. This provision gives the accused, the Right to be silent as it is also interpreted in Article 19 of the Indian Constitution, which in wider aspect includes Right to remain silent in the Right to Speech and Expression. . The new scientific techniques such as n...

The City of Cape Town (CCT), and South Africa in general, have been experiencing significant water shortages due to the ongoing drought. In early April 2017, the CCT was reportedly down to its last 100 days of water and on 31 May, the City imposed unprecedented Level 4 water restrictions, which imposes stricter limitations on residential water use, encouraging use of up to 100 liters (l) per person per day; forbidding irrigation with municipal water; and suggesting the use of treated effluent and wastewater for non-potable purposes. The indigent water allocation for impoverished households was capped at 350 liters per day. On 31 May, CCT announced they will start working on a new Water Resilience Plan to address the future of Cape Town’s water. Due to climate change effects, drought events are no longer within an envelope of predictable probability. The difficult situation of this drought period is expected to be reached on the 9th of July 2018, commonly referred to by the media ...

There exists a delicate difference between a person’s freedom of speech and another’s right to protection of identity and status. It often becomes difficult to control the incensed hotheads for giving statements which affects the reputation of the other person in the society and labels it under the freedom to speech. It has become the question to think whether – What to speak in public and what not to speak. This makes the need and understanding of defamation law more vital.  This strengthens the need of defamation law. Unlike many other countries such as China, Former Soviet Union, Netherland etc., which adhere to only one type of defamation, India has both – civil defamation and criminal defamation. Though, not much difference exists between criminal and civil defamation. The only distinguishing factor is the punishment awarded in each case, which becomes a legal grey area.  Many countries such as UK, US, Sri Lanka, Dominican Republic etc., has removed criminal defamation...

Gang Raped on 4th June 2017 Have to go through mental torture 28, July 2019, the rape victim and her lawyer seriously injured and two of her family members died due to the attack done on them. Again have to go through the trauma of losing her near ones 5 th December 2019 – Stabbed by 5 men and then burnt with Kerosene She walked up to one Kilometer after sustaining the burns in her body to call police and inform them about the incident – which shows her willingness and strive towards seeing justice to be delivered. The accused should have been kept in jail after the Gang Rape took place or even after the attack took place when she was on her way for hearing in the Court – This was the least we could have expected from our Judiciary. The Legislators who debate on the issue of Z+ security being given to them or their family member could have at least been considerate enough to look after the issues which are happening around them(which by the way is their duty) and coul...