Rights of arrested person

Freedom of life and liberty is a basic human right recognized as a fundamental right under Article 21 of the Indian Constitution. When a person has to be arrested for any crime he is accused of, his rights to dignity and right against torture must be protected. In the case of D K Basu v State of West Bengal,1997 SCC and the guidelines laid down by the national commission on human rights, various guidelines have been laid down to protect any custodial violence as well as to protect the dignity of the person to be arrested and to prevent the violation of any human rights. The various rights of the person to be arrested and the procedure to be followed by the arresting person are as follows:
- the police personel making the arrest should carry clear, identifiable name tags and accurate  visible tags carrying his designation
- the police personel carrying out the arrest must carry a arrest warrant or in its absence should inform the person to be arrested about the grounds of his arrest in the language that the person to be arrested understands.
- use of force should be avoided at the time of arrest and the dignity of the person to be arrested should be maintained.
- the person or the property if the person to be arrested should be searched without using any force or aggression.
- use of handcuffs and legchains must be avoided and the person to be arrested should be taken with dignity.
- in case the arrest is to be made of a woman, female police personel should be present to search and arrest. Moreover a woman cannot be arrested between sundown and sunrise.
- the person arrested has a right to inform his near relative or friend about the time and place of arrest. The time and place if arrest and the place of interrogation should be informed to the friend or relative.
- the person arrested should be made aware of his right to consult a lawyer and to have the lawyer with him during the interrogation. He should be made aware that he has a right to legal counsel at state expense if he cannot afford one.
- entry about the arrest including date, time and place should be made in the police diary and any minor or major injuries should be noted in it.
- the person arrested should get a medical check up done within 48 hours of his arrest and if the person is in police remand by order of a court, he should be subjected to medical checkup every 48 hours.
- copies of all documents must be sent to the nearest magistrate and the person arrested should be produced before the nearest court within 24 hours of arrest.
- police control room must be provided with all information regarding the arrest.
- interrogation should be conducted at a clearly identifiable place which must be informed to the relative or friend of the arrested person and he should have his lawyer present during the interrogation.
- methods of interrogation should be consistent with the recognized rights of life, dignity and liberty and the right against torture.
The freedom of a person is a paramount right and the same should be protected at all accounts. When a person is arrested and his liberty is taken away by due process of law, he should vw accorded all rights to protect himself and keep his dignity intact. He cannot be subjected to custodial violence or any other form of infringement of his basic human rights.

Cyber bullying

Bullying in all forms is counterproductive and leads to long term issues with the person bullied as well as his peers. With the advances in technology, more and more children have access to internet and bullying as also entered the cyber world. It is reported that 7 out of 10 children become victim of bullying online. The common platforms where bullying happens is Facebook twitter, instant message, snap chat, email, websites, photo video sharing, online gaming. The common effects of cyber bullying on children are skipping school, taking to drugs, running away from home, eating disorder, alcohol abuse, entering into anti social behavior, self harm and depression. The most important way of preventing cyber bullying is to add only known individuals and reporting any conversation that makes a person feel uncomfortable. It is very important for parents and caregivers to inform children about cyber bullying and being open to any conversation related to their problems. Parents need to be vigilant to any change in the behavior of their children or their friends which might be indicative of any online bullying. In cases of cyber bullying, it is important to take a screenshot of the conversation, print the evidence and don't retaliate, block the person and talk about it to somebody who is trustworthy. The biggest problem with cyber bullying is that it is not bound by domestic or national borders, a bully might be sitting best doors or he might be on the other side of the globe. As with any other cybercrime, nations need to come together to fight the problem of cyber bullying.

Test identification parade

In a criminal investigation and trial, it is important to ensure that the person apprehended is the actual offender. Test identification parade is a method by which the investigation agency canbe sure that the investigation is proceeding in the right direction. The Supreme Court has observed that for a test identification parade, the eye witness should be shown a number of individuals to determine which one he saw. The witness should not be shown the photograph of the accused prior to the identification parade. Any distinctive marks in the accused like a mole or a birth mark should be covered with a paper or card and similar paper or card should be placed at the identical areas on the rest of the individuals standing in the parade.
In the case of Kanta Prasad v Delhi administration AIR 1958, the Supreme Court observed that the purpose of the test identification parade is to test the statement of the witness. When conducted during the time of investigation, it assures the investigating agency that the investigation is proceeding in the right direction. The court observed in the case of Sheikh Hasib v State of Bihar, that the test identification parade during investigation is held to minimize chances of memory fading due to long lapse of time. The importance of test identification parade was highlighted in Dana Yadav v State of Bihar AIR 2002 SC.
In Unni v State of Kerala (2012)11 SCALE, the court observed that the mere failure to hold test identification parade is not fatal to the case. In Ronald James Alwair v State of Maharashtra (1998)3 SCC, it observed that where the witness had interacted with the accused, absence of test identification parade does not damage the testimony if the witness identifies the accused in the court gir the first time.
Thus, the test identification parade is a means of ensuring that the investigation is proceeding in the right direction and also to verify the memory and testimony of the eye witness. Efforts need to be taken during it to ensure that the witness is not prejudiced against the accused and an innocent man is not identified as an accused. All precautions need to be taken to ensure the veracity of evidence.

Water supply cannot be cut as penalty

The Bombay high court has recently ruled that water is a basic necessity and the right to clean water is part of the right to life. The BMC cannot disconnect a person's water supply as a penalty for unpaid bills. In the instant case, when the petitioner moved into a rented apartment there were arrears in water bill left by the previous tenant. Inspite of her request to pay the arrears the municipal corporation disconnected  her water supply without any prior notice.
The right to clean water is a fundamental right being part of the right to life. The court observed that it would consider the breach of fundamental rights very seriously. Being part of one's constitutional right, a civic body cannot be justified in disconnecting water supply to anyone's residence even in cases of unpaid bills.

Freedom of religion and uniform civil code

Religion is the relation between man and his creator. Organized religion consists of two parts one that is spiritual and controls or guides the methods of worship and belief and the other social or legal which controls the social relations. The spiritual part of the religion is basic inalienable part and is essential for the adherents of a religion to follow.
Secularism is the basic structure of the Constitution of India and hence cannot be removed from it. Secularism means that the State shall neither promote nor demote any religion, nor discriminate on the ground of religion in public sphere nor shall there be any State religion. Secularism basically means that the State shall not interfere in man's relation with his creator.
In the chapter of fundamental rights, the right of equality is the first right guaranteed by the Constitution. Articles 14-18 strictly prohibit any discrimination on the grounds of religion, race, caste, sex or place of birth.
The freedom of religion covered by articles 25-28 further ensures that the various practices of religious groups as well as denominions shall be protected subjected to the restriction on the ground of public order, health and morality. The basic inalienable practices of any religion are protected by the Constitution.
Article 44 of the Constitution provides for the uniform civil code. Article 44 comes under the chapter on directive principles of state policy which are directions to the state to implement when the conditions are favorable and in accordance to the needs of the society. The civil law covers the regions of marriage, divorce, adoption, maintenance and inheritance. The Hindu law was codified in 1955-56 and various aspects of it were changed as a result. There is a codified law governing some aspects of Muslim divorce and maintenance which can be applied at the desire of the parties concerned. Muslims can adopt only under the secular law. Christians have a codified personal law. The Code of Criminal Procedure,1973, also deals with maintenance. The uniform civil law aims at unifying these divergent laws and providing same law for all citizens irrespective of their religion. The uniform civil code does not effect the spiritual and the basic tenets of a religion which are protected by the provisions in the chapter on fundamental rights.

Right to peaceful protest, a fundamental right

In the case of Anita Thakur v State of J&K, the Supreme Court observed that the right of peaceful protest against government action is a fundamental right and the state cannot claim sovereign immunity as a defense in case of its violation. The Court observed that peaceful protests come under the category of freedom and speech and expression and freedom of assembly and are covered by the provisions of Article 19(1)(a)(b)&(c) subject to the restrictions of law and order and sovereignty of the state, The court observed that sometimes such protests turn violent and police action is required to protect public property but the use of excessive force by the authority is unwarranted.
The court observed that the defence of sovereign immunity cannot be applied in case of violation of fundamental rights. The violation of fundamental rights gives rise to liability under public law as well as criminal law and law of torts. Pecuniary compensation maybe awarded for the violation of fundamental rights. Further, it is the state which is held liable and not the individual policemen and it is the State which has to pay compensation. The court further observed that the standard of proof for police brutality, custodial violence and torture and of putting state accountability for the same is very high and only in cases of incontrovertible violations such remedy can be made available.

Alimony

Recently, a court in Delhi has denied a woman's plea for alimony and has instead advised her to take up a job. In the present case, the husband had claimed that being a gold medalist in master of science, the wife was capable of earning more than him. The wife had claimed alimony amount of Rs12000 from her husband. The court had also rejected the contention of the wife that being inexperienced she will find it difficult to get a job as well as her plea for her husband to escort her during her job search. The court found her capable enough of managing herself and rejected all of her demands.
Though it is commonly presented that alimony can be given only to the estranged wife, the courts have earlier ordered payment to the husband from the wife's assets. Alimony or maintenance that is awarded depends upon a number of factors including:
(1) The income, assets, lifestyle of the husband as well as the number of dependents on him.
(2) the demands presented including the maintenance of dependent children
(3) The income, assets, lifestyle and qualifications of the wife.
Getting alimony is not an exclusive right of the wife and it depends upon the circumstances of the case in question. The court weighs in various factors including the incomes, lifestyles, assets and dependents on the estranged spouses before giving an order on the same.

The labeling theory of criminology

The labeling theory of criminology states that a criminal is made in two steps. The first step is when an individual who might be falsely accused of committing a criminal act. The false accusations and labeling continue to the point that he gets frustrated by them. The second step is when he being tired of the constant accusations actually goes and commits the act. The second step happens when the person feels harassed and isolated and does not care anymore about his self. He feels that anyways he has been accused of the act and everybody treats him like a criminal then he should go and do what he is anyways blamed for. The moment when the person labeled a criminal starts feeling helpless and isolated, is the one when he actually turns his thoughts towards criminal acts. It often happen when the person belongs to a different social or cultural background than the rest. He is isolated because of his background and because of it, he ends up being falsely implicated for something that he has not done. The labeling theory might be helpful in explaining why certain individuals might be more at risk of being used by criminal gangs. A simple example may be of a poor boy who was repeatedly accused of stealing might be used by some gang to go and actually steal. While the labeling theory does not justify any of the criminal acts, it does help in explaining the reason behind certain behaviors.

The law relating to surrogacy

The recently passed Surrogacy (Regulation) Bill,2016 aims at banning commercial surrogacy and allows one altruistic surrogacy for married couples.
The Bill bans commercial surrogacy as well as bars single parents, foreigners, live in partners, married couples with biological or adopted children as well as homosexuals from opting for surrogacy. Only married couples who do not have any children and have been married for more than 5 years can opt for surrogacy. Homosexuals and live in partners have been denied the right to have children by surrogacy. Foreigners, NRIs and PIOs having OCI card have also been barred from opting for surrogacy on the ground that 'divorces are very common in foreign countries'.
The Bill further states that the surrogate can only be a close relative of the couple. She cannot be paid. She has to be a married woman with at least one child of her own. Childless and unmarried women cannot be surrogates. A woman can be a surrogate only once in her life. If a couple does not have a close relative they cannot opt for surrogacy.
The Bill requires surrogacy clinics to be registered and they can charge for their services. Commercial surrogacy, abandoning the surrogate child or exploitation of surrogate mother and import or selling of human embryos have been deemed as violations punishable with a jail term of at least 10 years and a fine up to Rs 10 lakhs. Clinics are required to maintain records of surrogacy for 25 years.

Homosexuality under Indian law

Section 377 of the Indian Penal Code deals with unnatural sexual offences. Section 377 states: Whoever voluntarily has carnal inter­course against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with impris­onment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation.—Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.
Section 377 was introduced during the British rule in India and it criminalizes all forms of homosexual relations which are considered to be 'against the order of nature'. Infringing the right of privacy, the section criminalizes the consensual relationship and treats a person with a different sexual orientation as an offender. The section further clubs together homosexuality with bestiality. 
In the case of Naz Foundation vs Government of NCT of Delhi, the Delhi High Court in 2009, declared the part of the section dealing with consensual homosexual relations as unconstitutional and decriminalized homosexuality. However, the Supreme Court overturned this ruling in 2013 and criminalized homosexuality again and said it is unto the legislature to decide about the matter. The act of criminalizing homosexuality goes against the constitutional principles of equality before law and non-discrimination. The Supreme Court also did not consider the fact that criminalizing homosexuality infringes the right of privacy of consenting adults. Since then, the Lok Sabha has voted against the private member's bill to decriminalize homosexuality.
Often the objection raised against the rights of the LGBT community stem with claims that homosexuality leads to pedophilia, which are baseless. The rights of homosexuals concern with the basic human rights of the people with a different sexual preference. The issue is of decriminalizing the sexual act between consenting adults and not the acts of pedophilia. Decriminalizing homosexuality does not decriminalize pedophilia. The protection of children from sexual offenses is important and a distinct issue, however, criminalizing homosexual relations between consenting adults is discriminative and violative of the principles of equality and infringe upon their privacy.

Honor killings

Honor killing is a term used for the murder committed by the family or society of a person who acts against the norm and thus brings 'dishonor' to the family or community. Generally, the acts that bring about such a dishonor are marrying a person of their own choice maybe one belonging to a different caste or religion, homosexuality, eloping, dressing, working or behaving in non traditional fashion. Killing because of having an affair or marrying someone of a different caste or religion or living with any such person is the most common of the honor killings.
Honor killings are nothing more than brutal cold blooded murders and there is nothing honorable about them. They have premeditation, preparation as well as opportunity. Often they are committed by a group of members of a particular family or community, forming an unlawful assembly.
In Bhagwan Das v State of Delhi (2011), the Supreme Court observed that there is nothing honorable about honor killings and they fall within the category of rarest of rare case to ensure capital punishment. Similar observation was held in Lata Singh v State of UP (2006)SC, that honor killings are brutal and barbaric acts committed by persons of bigoted minds.
Similarly, in Nathu v State of UP, (2014), the Allahabad High Court, expressed its anguish over the khap panchayats ordering honor killing. The court urged for administrative action against the khap panchayats that have become kangaroo courts and ordering such murders.
Honor killings are brutal acts committed by people with bigoted thinking often having the notion of possessing the life and choice of other members of his family or community. It is in direct conflict with the right of choice of an individual. It comes from false notion of pride in family or caste and an attempt to control the lives of other members. Honor killings are becoming widespread, more so as the young people are trying to exercise their right of choice. They require actions to be taken both at the government as well as public level. Speaking out at the ground level is important so as to prevent further loss of innocent lives.

Farmer in possession of leased property cannot be evicted

The Supreme Court has recently ruled that a farmer that remains in possession of leased property with the consent of the owner after the expiry of the lease period is as a statutory tenant. In such condition, he shall be same as a statutory tenant. Being a statutory tenant, he shall have the protection of section 116 of the transfer of property Act and cannot be evicted even after the expiry of the lease term. The operation of section 116 grants legitimacy to the possession of the tenant even after the expiration or termination of the term of lease period.
Section 116 of the transfer of property Act states that when the lessee or sub lessee continues to pay the rent even after the expiry of the lease term and the lessor or his legal representative accepts it or in other ways gives his consent, the lease shall in the absence of an agreement to the contrary shall be renewed year to year or month to month as the case maybe. Thus, on the expiry of the lease term, if the owner continues to take rent from the tenant or gives consent for the occupation of the leased property, the tenant cannot be evicted.

Raising religious structures on roads to be criminal contempt

The Allahabad High Court has directed the state government to ensure that no religious structures belonging to any religion, caste or creed be raised on any roads, lanes or highways including sidewalks which are the public property. The court has directed that the Secretary of State should instruct all collectors, senior superintendent of police, superintendent of police and all officers to ensure that no such structures are raised.
The court has ordered that any structure that was raised after 1.1.2011 should be demolished immediately and any structure raised prior to that date, it's management should be called to ensure its removal within six months.
The court observed that the public has a right to way and any structure that obstructs the free flow of traffic should be removed. The roads, paths, lanes, highways and sidewalks belong to the state and are public property and cannot be occupied by private individuals of any religion, caste or creed for raising religious structures that would obstruct traffic. The court observed that any violation of this order shall be deemed as a willful attempt at lowering the authority of the court and will be dealt as a criminal contempt of court.

Unwed mothers can be sole legal guardian

The Supreme Court while overruling the decision of Bombay high court has recently said that an unwed mother can be the sole legal guardian of her child. The court observed that she does not require to provide the name of the biological father nor does she need his consent for being the sole legal guardian. The court observed that the man who has no role in the upbringing of the child need not be identified. Further, it observed that the interest of the child should be paramount. The court overruled the decision of the high court that said that the mother should specify how she conceived or if she was raped. The court came face to face with questions where an unwed mother claimed that the biological father has no idea about the very existence of the child and of another girl who wanted her step father's name in her passport instead of her biological father. The court observed that there is no need to provide the name of the biological father in the passport. The order of the Apex Court is the need of the hour where single mothers are harassed and is a right step towards gender equality. If the biological father has no presence in a child's life, there is no need to have his name present in the child's life. A mother who has reared her child all by herself can and should be the sole legal guardian of her child.

Sources of muslim law

The sources of Muslim law are divided into two categories: primary sources and secondary sources. The primary sources include the Quran and the ahadees or sunnah. The secondary sources are ijma, qisas, customs, legislation and precedent.
(1) Quran- the Quran is the most important source of law and has priority over all other sources of law.
(2) Sunnah- the ahadees or the sunnah or the traditions of the Holy Prophet supplement the Quran in laying down various legal provisions. The hadees considered authentic by the Sunni school are greater in number as compared to the Shia school which rejects hadees not transmitted by reliable narrators.
The Quran and the sunnah, together form the primary sources of law. The secondary sources are used only when the primary sources are silent on any topic. These are as follows:
(1) Ijma- ijma or the consensus of the jurists is the third important source of law. Where a topic is not covered by the Quran and hadees, then the consensus of jurists is taken into account.
(2) Qisas- qisas refers to analogical deductions. In the absence of any clear mention in the Quran and sunnah, deductions on legal issues can be made by analogy. This source of law is not acknowledged by the Shia school.
The Maliki school of law also accepts public good as a source of law. This is rejected by the Shafi school. The Shafi school includes textual indications or seeking guidance from the source as a source of law. These are tertiary sources of law and not followed by the Shia school
(3) Urf or Customs- urf means to know, so long standing customary practices also make a secondary source of law. For custom to be given the status of law, it should be antique, continuously observed, not opposed to public policy or law, moral, generally known to the section of the people involved.
(4) Legislation- laws formulated by a competent legislative body including secular laws that govern the residents and citizens of a country. This is a modern source of law.
(5) Precedent- the binding decisions of a superior court are also a modern source of law for issues arising out of similar cases.

Maharashtra dance bar bill

The Maharashtra Assembly has passed the Dance Bar Regulation Bill, which paved the way for the reopening of dance bars and prescribes strict provisions in cases of violations. The Bill fixes the accountability on the owner in cases of violations, exploitation of female employees or obscenity. The owner or operator of the dance bar faces up to five years imprisonment and fines up to Rs 25000 for violations. The Bill prohibits the serving of alcohol in the performance area. The Bill states that the dance bars should be at least 1 km away from educational or religious institutes. It also bans the bars from operating in residential areas. In semi-residential areas, they can operate only if three-forth residents consent. The timings of operation are also restricted between 6pm to 11:30pm.

Religious ceremonies at public functions

The Bombay High Court has recently questioned the plan for the recital of the Hanuman Chalisa at an AIDS awareness programme organized by the Nagpur Municipal Corporation in association with a local temple trust. The Court questioned if India is only for Hindus, or if only Hindus contract AIDS? The Court asked about the nexus between AIDS awareness and the recital of Hanuman Chalisa and asked why only the recital of Hanuman Chalisa and not of other religious texts?
The Court ordered that separate banners should be placed backstage for the two events with the names of the individual sponsors. The judges pointed out that they are not against any religious programme but concerned about the government agencies associating with the.
Following the order, the corporation decided to delink the two functions with at least an hour long recess between the two.
Secularism means that there shall be a separation between State and religion, there shall be no State religion. It means that in a public function, no religion can be promoted. While religious ceremonies are not banned at functions organized by private entities, they cannot take place where the event is organized by the government using public money.

Protection of good samaritans

The term 'good samaritans' is used to describe people who reach out and help accident victims. Good Samaritans often had to face hardships and harassments at the hospitals and police stations while taking the accident victims. On a PIL filed by SaveLIFE foundation, the Supreme Court ordered that the Centre should frame guidelines for the protection of the good Samaritans. The court has now approved of those guidelines. The various rules for the protection of the good Samaritans are:
(1) The good Samaritan will be treated respectfully and will not be discriminated against on any ground.
(2) He shall not be forced to reveal his identity or contact information.
(3) The police will not force him in procuring information or anything else.
(4) He shall not be forced to be a witness.
(5) If he agrees to be a witness, his statement will be taken at one hearing and will not be made to wait unnecessarily.
(6) The examination will be conducted at the time and place of his convenience by a plain clothed officer.
(7) If he is required to visit the police station, the reasons for the same shall be recorded in writing.
(8) If he declares himself to be an eyewitness, he will be allowed to give evidence in the form of an affidavit.
The given guidelines should protect the Good Samaritans at hospitals and police stations and should encourage more people to come forward to help accident victims.

Abetment

Section 107 of the Indian Penal Code, 1860, defines the offence of abetment. Section 107 states: A person abets the doing of a thing, who—

(First)  — Instigates any person to do that thing; or

(Secondly)  —Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

(Thirdly)  — Intentionally aids, by any act or illegal omission, the doing of that thing.

Thus, the offence of abetment is completed by three means- aid, conspiring or instigation.

The explanation appended to the section further explain the offence.

Explanation 1.—A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to dis­close, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration- A, a public officer, is authorized by a warrant from a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z, willfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C.

Explanation 2.—Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.

In Barendra Kumar Ghose v King Emperor, commonly known as the postmaster's case, the court observed by quoting Milton's On his blindness, "they also play a role who only stand and wait" to describe the offence of abetment committed by aiding by way of standing at the door and watching. In this case, the accused had stood at the door and kept a watch for the authorities while the others in the group had robbed the postmasters office.

In Kishori Lal v State of MP, (2007) 10 SCC, the court interpreted that section 107 defines a separate and distinct offence. A person commits the offence of abetment of a thing when he either (1) instigates any person to commit it, or (2) engages with one or more persons in any conspiracy for the doing of that thing, or (3) intentionally aids, by act or omission, the doing of that thing.

Section 109 lays down the punishment for abetment where no express provision has been made for its punishment. Section 109 states: Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abet­ment, be punished with the punishment provided for the offence. Explanation.—An act or offence is said to be committed in conse­quence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations

(a) A offers a bribe to B, a public servant, as a reward for showing A some favor in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.

(b)  A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(c) A and B conspire to poison Z. A in pursuance of the conspira­cy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, adminis­ters the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.

If a group of men follow a woman about to commit sati chanting slogans, they have committed the offence by instigation.

In Amalendu Pal Alis Jhantu v State of West Bengal, (2010)1 SCC, the court observed that a person commits the abetment of suicide when he instigates a person to do that thing or to do anything as stated under clauses secondly or thirdly of section 107 of IPC.

In Randhir Singh v State of Punjab, (2004)13 SCC, the court observed that: Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing.

Thus, the offence of abetment involves instigation, conspiracy to commit an offence or willful aiding in the commission of an offence. It is a separate and distinct offence. Section 109 further provides that if the act abetted is committed and no separate punishment for the abetment of that offence is provided then it shall be punishable with the same punishment as the original offence.

Sedition

The law of sedition in India dates back to the colonial era and relates to the uttering of seditious words or doing seditious acts. Sedition is an act aimed at bringing about disaffection for the government. Seditious intention is the intention to bring about hatred or contempt for the government. Section 124A of the Indian Penal Code lays down the provisions relating the offence of sedition though the word 'sedition' does not occur in the section but only in the marginal note.
Section 124A provides: Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
The offence comprises of two parts:
(1) an intention to bring or attempt to bring into contempt, or excite or attempt to excite disaffection towards the government established by law; and
(2) such intention is brought into effect by words either spoken or written or signs or by visible representation or otherwise.
Mere criticism of an administrative action does not amount to sedition, rather the intention of the person to incite an offence must be clear from the words.
While the section seems to be unconstitutional affecting the freedom of speech and expression, it is saved by the exceptions under Article 19(2). The exception on the ground of "in the interest of public order" saves the section as the term public order has a wide connotation. Article 19(2) states:  Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
The words or acts that are deemed to be seditious must have an intention of creating disaffection against the government established by law and must be aimed at inciting an offence. They have an effect of creating public disorder. The intention of inciting an offence can be gathered from the nature of the words used.
 

President's rule

Article 356 of the Constitution of India lays down the provisions relating to the failure of constitutional machinery in State. The Article provides for the circumstances when the President may assume functions of the Government of the State either himself or declare them to be exercisable by the Parliament. The various provisions of the Article are as follows:
(1) If the President is satisfied on receiving a report from the Governor or otherwise, that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, then he may by a proclamation either assume all functions of the government of the State and exercise all or any of the powers exercisable by the governor or any other authority other than the State Legislature or declare such powers to be exercised by the Parliament or an authority under it. He may make such incidental and consequential provisions as appear necessary to the President for giving effect to the object of the Proclamation, including the provision of suspending in whole or in part any provisions of the Constitution relating to any body or authority in the State. Provided nothing in the clause (1) gives authority to the President to assume powers vested in or exercisable by a High Court or suspend in whole or in part any part of the Constitution relating to High Courts.
(2) Any such proclamation may be altered or revoked by a subsequent proclamation.
(3) Any such proclamation except the one revoking the previous proclamation shall cease to operate after the expiry of two months unless approved by a resolution of both the Houses of the Parliament.
(4) A Proclamation approved by the Parliament shall cease to operate on the expiration of six months from the date of the issue of the proclamation unless a resolution approving the continuance in force of such proclamation is passed by both the Houses of the Parliament. In such case, the proclamation unless revoked, shall continue in force for another six months.
(5) A resolution with respect to the continuance of a proclamation beyond the expiration of one year from the date of issue, shall not be passed unless a Proclamation of Emergency is in operation either in whole or part of India at the time of passing of such resolution or the Election Commission certifies that the continuance of such proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.
Article 357 provides that when a proclamation under Article 356(1) declares that the powers of the Legislature of the State may be exercised by or under the authority of the Parliament, it may delegate to the President the power to make laws and authorize the President to delegate such power to any other authority. Any laws so passed, after the cessation of the Proclamation may continue in force until altered, repealed or amended by a competent Legislature or other authority.

Animal rights

The Supreme Court has stayed the bull taming festival jallikattu and bullock cart races that take place in the harvest festival in many states. These are customary practices and hearing petitions by various animal rights groups, the court has imposed interim stay on the practices. The four year ban on the practices had ended with a government notification on January 8. The order has given rise to protests in the political circles. The parties claim the customary nature of the tradition to justify its perpetuation.

Section 144 CrPC

Section 144 of the Code of Criminal Procedure deals with the imposition of emergency steps to maintain public order. The application of Section 144 is commonly known as the imposition of curfew.
(1) an order restraining any person or persons residing in a particular area or general public from visiting a particular area maybe passed under this section;
(2) the order maybe passed by the district magistrate, the sub-divisional magistrate or an executive magistrate specially empowered by the state government in this regard, who is of the opinion that such act may cause public disorder, riots or affray.
(3) in cases of emergency the order maybe passed ex parte
(4) no order under this section shall remain in force for more than two months, except if the state government deems it necessary to prevent danger to public health, or riots or affray, it may, by notification extend it for up to six months;
(5) any magistrate or the state government may on its accord or on application by any person aggrieved, rescind or alter this order subject to the conditions of public health and order.

Territorial jurisdiction in motor accident claims

The Supreme Court has upholding its previous decision in Mantoo Sarkar v Oriental insurance company limited (2009) recently observed in Malati Sardar v National insurance company limited that in the absence of prejudice, the objection on the territorial jurisdiction of motor accident claims tribunal shall not be entertained. The court observed that since the insurance company is a party of the case, the claim can be filed where it has its office. In the present case, the accident victim was neither a resident of Kolkata nor the accident happened there but the insurance company had its office there. Section 166(2) of the Motor Vehicles Act states that an application can be made at the option of the claimant in the tribunal either having jurisdiction in the area where the accident took place or jurisdiction of the place where the parties are resident or carry business. Claim petition may be filed where the insurance company has its office. In the absence of prejudice to the parties, there is no failure of Justice.