LEX ASPIRANTS

  Actor Shilpa Shetty’s husband Raj Kundra has been arrested for allegedly being a ‘key conspirator’ in a case pertaining to pornographic films. Here’s what the laws say. The allegations against Kundra involve forming a company to develop ‘Hotshots’, a mobile application allegedly used to publish porn,  supervising its functioning and monetary dealings through WhatsApp groups, setting up another company to protect Hotshots’ videos from piracy, and having suspiciously large global transfers in bank accounts.  In india three Acts mainly cover the subject of pornography: 1. Information Technology (IT) Act ,2000 2. Indian penal code 3. Protection of children from sexual offences (POCSO) Act, 2012. In india watching porn in your private room or space is not illegal. As we all know the Article 21 gives the fundamental right to life and personal liberty. The Supreme Court in the july 2015 orally remarked in a case that watching porn in a private room may fall und...

This article will scrutinize Sec 313 of the Code of Criminal Procedure, 1973 which talks about accused person examination. The section is based upon the natural justice principle and made for the purpose of enabling the accused personally to explain circumstances appearing in the evidence against him. Recently the Supreme Court in Reena Hazarika v. the State of Assam , 2018 SCC OnLine SC 2281, decided on 31-10-2018 held that Section 313 cannot be seen simply as part of Audi alteram partem. It confers a valuable right upon an accused to establish his innocence and can well be considered beyond a statutory right as a constitutional right to a fair trial under Article 21 of the Constitution, even if it is not to be considered as a piece of substantive evidence, not being on oath under Section 313 (2). As per section 313(1)(a) -  The court may examine the accused at any stage of the trial and put necessary questions to the accused without warning. As per section 313(1)(b) -  T...

  Section 154 of the CrPC deals with first information report. But the term FIR is not mentioned any where in the code. Section says " information in cognizable cases". FIR is the information given by a person about the commission of a cognizable offence and recorded by the police in accordance with Section 154. Police officer shall read the FIR to the informant and obtain his sign in the statement. Also, he need to enter it in a book kept in the police station as prescribed by the state government. The police officer shall give a copy of the FIR to the informant at free of cost. State of Bombay v. Rusy mistry - In This case court defined the term FIR. It means the information given to the officer in charge of the police station in relation to the commission of a cognizable offence and on which the investigation is commenced. Lalitha Kumari v. Government of UP - court held that provision under section 154(1) is mandatory and it is the duty of the police officer to reg...