LEX ASPIRANTS

The witness is one of the key players in the justice delivery system. He comes to help the court in reaching the correct point of the matter and to administer justice. Hence his statements are of paramount importance. According to Bentham, witnesses are the eyes and ears of justice. A witness is an individual who has seen a crime being committed and is able to give evidence in court. Chapter IX of the Indian evidence Act deal with competency, compellability, privileges and quantity of witnesses required for judicial decisions. Section 118 of the Act states that all persons shall be competent to testify unless the court considers that they are prevented from understanding the questions and unable to give rational answers to those questions. Thus, every person is competent to be a witness. It is the discretion of the court to see whether the person is capable of understanding the questions and his ability to give rational answers to those questions. Even a lunatic is not declared as inco...

Recently the Supreme Court expressed its serious concern and criticised the continuation of Section 124A IPC (Sedition) in India. A Bench led by Chief Justice of India NV Ramana questioned Attorney General Venu Gopal  “This was the law used to silence Mahatma Gandhi. Do you think it is needed after 75 years of Independence”? The Court orally observed that the power to misuse this law is enormous. It’s like giving a saw to a carpenter who cuts down the entire forest. The law of Sedition is defined in section 124A of IPC and was introduced a d drafted by Macaulay in 1890. It is defined as an offence against government which is committed when any person by words, either spoken or written or by signs or pictorial representation bring hatred or contempt or disaffection against government.  Sedition is a non-bailable offence. Punishment under the law varies from imprisonment up to three years to a life term and fine. A person charged under this law can't apply for a government job. ...