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65 votes
Accepted

Self incrimination during medical examination

If such conversations are reported, it can place the suspect in a dilemma. Consider a man who appears to have overdosed on illegal narcotics. He is taken to the hospital, and the doctor asks what ...
Nate Eldredge's user avatar
9 votes

Is marriage rejection on the basis of caste a criminal offence?

The applicable law of India is The Scheduled Castes And the Scheduled Tribes (Prevention of Atrocities) Act, 1989 plus the 2015 amendment. There are various prohibited acts, the majority of which are ...
user6726's user avatar
  • 215k
4 votes

Self incrimination during medical examination

In the United States, whatever you say to your doctor or form you fill out is protected by the doctor-patient privilige. If a district attorney or prosecutor were to present a recording or file of ...
David Zhou's user avatar
4 votes

Marital Rape as Defined by Indian Law

The Protection of Women from Domestic Violence Act, 2005 does prohibit forced sexual intercourse in a marriage. However, this Act provides civil remedies only. Marital rape has not yet been ...
Aman Khandelwal's user avatar
4 votes

What's the minimum age of consent for sexual matters in India

Section 42-A of the POCSO Act, lays down two important principles. Firstly, that this Act is not in derogation of any other Act which was legislated by a competent legislator and secondly this Act has ...
P Malik's user avatar
  • 76
4 votes

What's the minimum age of consent for sexual matters in India

Independent Thought vs Union Of India (2017) apparently states the law of India, presently, and the answer is, 18. India being a common law country, the Supreme Court has the power to interpret the ...
user6726's user avatar
  • 215k
4 votes
Accepted

Section 112 in The Indian Evidence Act, 1872 still valid and enforceable, in the face of DNA testing telling that the child is illegitimate?

To answer the last question, the court cannot order a DNA test, see Kumar v. Gupta, on privacy grounds: "such tests impinge upon the right of privacy of an individual and could also have major ...
user6726's user avatar
  • 215k
3 votes

A beggar forced me to give money

I can't advise you what to do, that would be legal advice. Let's look at a hypothetical situation: An invader enters Owner's flat without the allowance of Owner by pushing aside Owner. Invader then ...
Trish's user avatar
  • 40.4k
3 votes
Accepted

What if someone accuses another person of killing him in his last statement before death

To "punish" A there must be evidence that would convince the court beyond reasonable doubt. The last statement will be just a piece of admissible evidence. Just by itself it will certainly ...
Greendrake's user avatar
  • 27.6k
3 votes

Is justifying communal violence not illegal?

Art. 19 of the Indian Constitution states that (1) All citizens shall have the right (a) to freedom of speech and expression... from which is follows that you may advance any argument that you want ...
user6726's user avatar
  • 215k
3 votes

How is sexual intent proven or disproven in Indian criminal law?

Sexual intent is proven (or disproven) like any other form of intent. A confession is not necessary, although that is one available method. It may be inferred with proof from circumstantial evidence. ...
ohwilleke's user avatar
  • 220k
3 votes

could compelling someone to have sex with them with the threat of other harm be considered rape?

It seems to be violating IPC §375 Having sex is only the first half of the check. The other is the enumerated list 1-7 that describes pretty much circumstances of no consent. Among them are (1) ...
Trish's user avatar
  • 40.4k
3 votes

How "risky" it is if I lose my passport? Will police investigate how I lost it?

Losing your passport is fine, happens all the time But that’s not what you are talking about, is it? You’re intending to deliberately destroy it. While destroying a passport is not a specific offence ...
Dale M's user avatar
  • 213k
3 votes
Accepted

Is sodomy or fellatio illegal in India?

IPC 377 was largely rendered irrelevant by the ruling of Navtej Singh Johar vs Union Of India (2018), i. In view of the aforesaid findings, it is declared that insofar as Section 377 criminalises ...
user6726's user avatar
  • 215k
2 votes
Accepted

Why are lynching and mob-justice so popular in India?

Usually, lynching and mob justice are due to (1) a lack of faith that the formal legal system is likely to produce a just result as viewed from the perspectives of the community norms of the potential ...
ohwilleke's user avatar
  • 220k
2 votes

Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

No ... but you probably have to pay damages. Unless there is a clause in your contract that relieves you of your obligation to return the router and you are required to do so by a given date, then if ...
Dale M's user avatar
  • 213k
2 votes

Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

Unless there is a force majeure clause in your contract that excuses you from returning the router in extraordinary circumstances, you are legally required to return the router, or in general, perform ...
user6726's user avatar
  • 215k
2 votes
Accepted

Violating Non-Compete Agreement with my Employer

This is almost assuredly in violation of your non-compete (assuming that is what you mean). Company documents would be covered under a non-disclosure agreement, so it doesn't matter if you generated ...
Ron Beyer's user avatar
  • 9,215
2 votes

If a witness claims his signature was taken on blank paper and then statements were written would that become null and void?

Are witnesses allowed to back away from signed statement? In substance, the person whose signature was used is alleging forgery and evidence falsification in a criminal case, presumably by corrupt ...
ohwilleke's user avatar
  • 220k
2 votes

Is it non constitutional to remove identity based laws from the Indian constitution?

The Triple Talaq case involves lots of specific complications that may distract from the question, but those complications suffice to show that the courts do not face a paradox. The Muslim Personal ...
user6726's user avatar
  • 215k

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