by IJLMH | May 5, 2020
“To espouse an alliance between law and science is to advocate solution of a fundamental dilemma: Science cannot resolve the legal conflicts it engenders, and law cannot understand scientifically its own method.” – Thomas Crowen
Today, virtually every crime has an electronic component in terms of computers and electronic technology being used to facilitate the crime. Computers used in crimes may contain a host of evidence related to the crime, whether it is a conventional crime or a terrorist act. In light of this, judicial officers should not become complacent with individuals or their environment simply because the crime may involve a computer. Judiciary should provide assurance to litigants, empowerment to law enforcement agencies and deterrence to criminals. The law should be stringent as its enforcement. The influence of electronic media has been spread over all branches of society including law and the judiciary. Maintaining the integrity of electronic evidence throughout the process of investigation and trial presents different problems (from the handling of traditional physical or documentary evidence), that are not posed by their physical counterparts. Electronic data is easy to create, copy, alter, destroy, and transfer from one medium to another. In short, by their very nature, electronic records can be easily manipulated. Consequently, their accuracy and reliability are frequently suspected. This creates a conflict between the relevancy and admissibility of electronic evidence, an issue that has been acknowledged by jurisdictions across the world.”
This article seeks to gauge the development in the attitude of the court to modernize Indian evidentiary practices and help our courts deal with the advances in technology by analysing and critiquing the landmark apex court judgement of Shafhi Mohammad v. The State of Himachal Pradesh, decided by a division bench comprising of Hon’ble Justice U.U Lalit and Hon’ble Justice A.K. Goel by stating the facts as it is in the first segment, followed by the relevant laws and rules used by the court to conclude the judgement in the succeeding segment and finally stating the judgement and author’s critical analysis along with the conclusion in the final segment.
Keywords: Admissibility, Computer, Electronic evidence, Technology.
by IJLMH | May 5, 2020
“One awful night a starving traveller knocks the door, when its opened looks around…..he or she is warmly welcomed and then what now remains is a house held in silence” fear finds its dwelling in every heart when crimes fasten themselves, a criminal affecting the society has his own identification distinct of the society. An identification of a criminal personality is key to reroute the mind of a criminal which is enclosed by his own fantasies. Criminal psychology is a subject that revolves around mental faculties of crime and helps to curb the same. Long from the time we have lived murderers persist and when one successfully comprehends the reason for such murders they can be eradicated, among such perpetrators are serial killers who plan, attack and murder. To combat such dangerous killers one has to dig deep into their mind, which reveals all and provides settlement to the issue. Today thereby investigations are lead by forensic or criminal psychologists who aid and assist the public officers to track down the criminal by chalking out profiles of them; these are used in every stage to locate any future crimes. From its emergence psychology has categorized murderers on the basis of their actions which forms a lead every times its modified, the significance of psychology can be better inferred by the existence of man himself as one is what his/her mind reflects.
by IJLMH | May 5, 2020
Analysing and the interpreting the famous case .This case has various points and matters to talk about and everybody’s point of view of commenting on a case can be different .This case has two major parties and different perspective from both the side .This case commentary module will focus on the famous Arushi Talwar case hereinafter named as Aruna and parents named as Dinesh couple. The commentary will raise several issues and comment on that particular subject. Focusing on the evidences and judicial proceedings on part of the parents and trying to throw light on the valid or invalid allegation’s raised on the dinesh couple. Validating the possible grounds for acquittal of the parents .And analysing whether The allegation‘s raised where correct or wrong .After having a study on the particular aspect of Circumstantial evidence and correlating it with That of the present case there are several questions that raised such as Whether a person can be made liable only on the grounds of circumstantial evidence? Whether without proper proof of sufficiency a person can be convicted? Whether without substantial evidence a person can be made liable? Whether case can be merely based on reasonable doubt? Whether without establishing mensrea a person can be made liable? Aim is to answer all questions raised related to circumstantial evidence.
by IJLMH | May 5, 2020
The paper is an attempt to trace and analyze the practice of submitting evidence and documents by way of a sealed cover. The paper also puts forth the effects that the said practice has had on the rights of the accused and also sheds light on the effect of the said practice on the public faith in the judicial system, through the lens of decided cases both recent and old.
by IJLMH | May 5, 2020
India currently is in its prime phase in terms of growth in the e- commerce sector and is a very crucial expansion market of the American e- commerce giant, Amazon. Hence, the author aims to examine the current regulations governing ecommerce in the country, specifically the newly introduced guidelines by the government in the Foreign Direct Investment policy, 2018 and how the new set of regulations have affected the online markets of massive businesses, such as Amazon and Flipkart. These two e- commerce giants are the two major variables taken into consideration as they encapsulate the issues and challenges faced by e- commerce businesses in conducting their business in compliance with current internet regulations.
This circular by the Indian government placed an effective ban on Amazon and its local competitor, Flipkart from conducting the sale of products from companies in which they have an equity stake, such as in case of Amazon which has massive equity stake in Cloudtail. Therefore, it is pertinent to underline as to how these changes might affect the core business models of these e-commerce entities, this being the overall research goal of this paper. This paper is based on a doctrinal research methodology and is analytical as well because this is an extensive study on present day examples of businesses that have been benefited or have been affected by the current regulations on e- commerce in India. The author also underlines the various challenges that may arise through electronic data interchange, disputes that cover B2C segment and Copyright and data protection issues and gives solutions for the same. The lacunae of this paper is that it only deals with the relevant challenges faced by only two e commerce businesses i.e., Amazon and Flipkart in the Indian Scenario and its scope is limited to the new rules and regulations introduced by the FDA on e- commerce in India. References have been made to the old laws governing the framework in order to measure and compare the actual outputs, difficulties and challenges of the e- commerce sector.
Keywords: E- commerce, Law, Amazon, Flipkart, Foreign Direct Investment, Equity stake.
by IJLMH | May 5, 2020
Aim: To bring more awareness about marital rape in the society in order to make women more vocal about it, exposing the extent of damage that a marital rape can do on a woman’s physical and mental health at last why new laws should be made regarding marital rape.
All over the history there is prevalent ideology that man own women, women can’t revoke man’s will and there is an “implied consent” once they are married. it’s a shame that women were treated as objects with no individuality.
Rape is just not an intercourse without consent, its stealing and rupturing a women’s dignity which might even leave an unhealable scar on her soul. rape is as gruesome as murder or even more, the amount of trauma the women has to go through after the rape is immeasurable, no man can put it in words. When such trauma, pain and agony is caused by a man she shares her life with is unspeakable evil. A rape is a rape no matter it is committed by whom. The worst part of the marital rape is the women are going to be raped again and again, most of the men use coercion, use force, for torment them for having sex, the thing called consent doesn’t exist to them, marital rape is not only limited to the vaginal rape, oral and anal are also a part of it.
In the world scenario, New Zealand, Albania, Tunisia, china, Taiwan, united kingdom,Denmark, Hong Kong, united states, Algeria, Belgium, Ireland, Mauritania, Norway,Indonesia, turkey, Thailand, Mauritius, Africa, Scotland, Australia, France, south Africa, Italy, Philippines, Sweden, japan, Germany, Canada have criminalized marital rape and not only made special provisions for marital rape but also distinguished marital rape from rape. More than 100 countries recognized marital rape as an offence violating human rights. But sadly, India is not one of these countries. There are many legislations for protection of women, and safeguarding women’s rights but Indian judiciary and government is overlooking the most deep-rooted and complex issue of marital rape which is probably the most common crime committed and criminals are roaming free hence the “privileged crime”.
Marital rape is still a taboo in Indian society, where it is linked with culture, prestige of family, society. Many people even refuse to speak about it. Marital rape is one most gruesome and traumatic experiences once can go through. Everyday many women go through this and are not able to do anything about it though it is proving detrimental to their mental and physical health.
We as citizens of India have to bring awareness about marital rape and make women comfortable to speak openly it. We should try to educate women who are especially not aware of their rights. We as citizens should be vocal about what kind of true evil marital rape is and educate men that it’s not okay to force himself on his wife. It’s not just about women non criminalization of marital rape is promoting the toxic ideology that men are owners of women’s bodies, women’s consent doesn’t have any value, men are superior to women, they can be rapists to their wives and walk free. These are the ideologies we are going to pass on to our younger generations we don’t act on the issue of marital rape. Judiciary should make new laws and send a message that marital rape is not okay, it is as gruesome as rape and it will be punished in the same manner that rape is punished and a women’s consent is the priority, nothing should be detrimental either to her physical or mental health.
