64

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 kind of drugs he took, in order to plan his treatment. If the man thinks that what he says could be used to prosecute him, he might lie to the doctor. Then he ...


10

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 already crimes, such as numerous kinds of assault, trespass, unlawful eviction, also including knowingly making obscene gestures at a woman belonging to a ...


8

No They do not commit the necessary actus reus by ignoring, or not even reading, a defamatory post. To be guilty, one has to act: by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation


5

The simple answer is: if the law says marital rape is not a crime, it is not punishable by the criminal justice system. If there were a loophole, one of the lawyers representing one of the many rape victims who have been seeking justice in India would have found it. There more than likely isn't one. Some Indian marital rape victims have tried prosecutions ...


4

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 an overriding effect. If any other law or any other provision of law comes in conflict with the POCSO Act with the provisions of POCSO Act will have an ...


4

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 law when the statutory language might suggest something else. The issue is that marital intercourse is often an exception to rape laws (India does not recognize ...


3

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 this in court, it would be deemed inadmissible by the judge based on the previously mentioned privilege. Furthermore, your doctor would not be able to testify on ...


3

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 not be enough to prove A's guilt, but it may add weight if there are other corroborating pieces of evidence e.g. witnesses saying that X indeed killed themselves ...


3

Legally you face no problem. The section 66A of the Indian IT Act, which used to be previously misused for penalizing anyone who dared insult a politician, has been struck down as unconstitutional by the Supreme Court of India. But the police could still detain you for 48 hours (legally) without giving any grounds; they are required to do that, but the ...


3

Yes, you did something wrong; you used both the university's trade mark and copyright without their permission. I don't know the law in India, however, if it is similar to Australia it is unlikely that the police will be interested in doing anything about it. While it is technically a crime, criminal prosecution is usually reserved for egregious breaches on ...


2

How is the school forcing the child? If it's part of the uniform code then that is a condition of the contract between the school and the child's parents; a contract they freely entered into. If the parent's want the child to attend then they can force the child to have the haircut; or withdraw them from the school. The parent's have every right to dictate ...


2

Legally, the answer will differ by jurisdiction. Practically, the answer is summed up in the old proverb: "The man who is his own lawyer has a fool for a client." Even experienced lawyers rarely represent themselves, especially when outside their area of professional expertise. There are two reasons people hire lawyers: technical expertise, and objective ...


2

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 criminalised, although it is violative of the right to life under article 21 of the constitution. There have been various petitions for the formation of a law to ...


2

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 participants (whether or not this is true) and (2) there is also confidence (again, not necessarily accurate) that the people carrying out the vigilante ...


2

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 you don’t do that, you are in breach and your ISP can claim damages until you do. They would have to demonstrate the actual damage the suffered by not having ...


2

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 your obligations in the contract. Governments can issue emergency orders suspending certain obligations, which might delay an eviction, but if the government (...


2

Section 3(a) of the Uttar Pradesh Unauthorised Lottery (Prevention) Act of 1995 states that.. No personal shall promote or conduct any lottery... No distinction is made in the Act between physical and on-line lotteries, but whether this law is actually enforceable for using non-jurisdictional websites will depend on the circumstances and available evidence ...


1

Does this amount to breach of trust under IPC and lead to prosecution? PROBABLY with the caveat that the full facts need to be examined by the court to be sure. An employer's failure to properly account for Provident Fund payments in accordance with the Employees Provident Funds and Miscellaneous Provisions Act 1952 is, on the face of it, the offfence under ...


1

Defamation is communication of a falsehood to a third-party damaging another's reputation. Company A and Company B know the truth and they're the only ones the statement appears to have been made to, so there is unlikely to be any defamation liability on the part of the client.


1

Yes. Why? because Torture is triggering different crimes by harming the body or psyche of the victim. Torture is defined for example in the Rome statute of the ICC: "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that ...


1

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 them yourself or shared company documents. The key part of a non-compete is that you agree not to engage in work that is similar to the work/business of the ...


1

No, but ... Courts have to interpret the statute and they do so according to a number of paradigms: The literal rule: the words of the statute should be read literally even if this leads to a contradiction or injustice. The mischief rule: the statute should be read so that it addresses the mischief that the legislature was trying to deal with. This would ...


1

The email quoted does not say anything about domain ownership. It says that if you use the hosting hosting company's tools to modify the contents of the web site, you might cause problems, and if that happens, the web design company Company_Name will not be responsible. Further it says that if that happens, and you want Company_Name to fix the problem, there ...


1

Article 3 of the law states some of the the prohibited acts. However, subsections (1) limit the application of the law, stating "Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe", which means that the restrictions only apply to those who are not a member of an SC or ST. The listed acts are not prohibited in the case of a ...


1

in India RTI is not applicable to police stations and courts


1

It's a easy one ..approach the new organisation and tell them about your problem genuinely and as you have stated that you received cheques from them produce a bank statement showing ur salary credited


1

Speaking about a matter that is Sub judice in most Commonwealth jurisdictions can leave you open to contempt of court charges. However, I question if the matter is actually sub judice if there is no case active with respect to the compensation. The matter appears to be irrelevant to your case.


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