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LEGISLATIVE COMMENT: UNDERSTANDING THE BHARATIYA SAKSHYA ADHINIYAM (BSA) 2023: A MODERN APPROACH TO EVIDENCE LAW

This legislative comment is written by Bhavneet, A fifth-year law student at Chandigarh University. She is passionate about law and has written various blogs and articles which have helped widen her knowledge.

ABSTRACT

The Bhartiya Sakshya Adhiniyam, enacted in 2024, is a foundational legal framework governing the rules of evidence in Indian courts. Designed to ensure fairness and efficiency in judicial proceedings, the Act codifies principles regarding the admissibility, relevancy, and reliability of evidence in civil and criminal cases. It provides clear guidelines for assessing oral, documentary, and circumstantial evidence, emphasizing the necessity of objectivity and logical inference in legal adjudication. This abstract highlight the Act’s significance as a cornerstone of Indian jurisprudence, contributing to the effective functioning of the judicial system while adapting to contemporary challenges.

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LEGISLATIVE COMMENT: THE CARRIAGE OF GOODS BY SEA BILL, 2024

This legislative comment is written by Kunda Mulenga, a 3rd-year law student at the University of Zambia. She is a passionate law student who aims to learn and explore laws around the globe.

ABSTRACT

The Carriage of Goods by Sea Bill, 2024, a delegation of powers to the central government about the amendment of the bill raises particular questions about the rule of separation of power and executive overreach. Although this empowerment of the government to amend the schedule provides the flexibility of swift responding to fast evolving international Maritime regulations. This will make amendment easier by overcoming the parliamentary debates. Within the borders of India are the Indian Ocean, Arabian Sea and Bay of Bengal, and in a country like this regulating the trade through sea is a very crucial task as these trades have a significant impact on its economy.

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LEGISLATIVE COMMENT: PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT

This legislative comment is written by Bhavneet, A fifth-year law student at Chandigarh University. She is passionate about law and has written various blogs and articles which has helped widen her knowledge.

ABSTRACT

The “Public Examinations (Prevention of Unfair Means) Act, 2024” is a significant legislative measure aimed at ensuring fairness and transparency in public examinations. This Act defines various forms of unfair means, such as question paper leaks, unauthorized access to exam materials, and tampering with computer systems. It outlines stringent punishments for those involved in such malpractices and establishes a robust framework for investigation and enforcement. This legislative commentary will cover the key provisions of the Act, its implications for the examination system, and the broader impact on educational integrity and fairness.

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LEGISLATIVE COMMENT: THE BHARTIYA NAGRIK SURAKSHA SANHITA (BNSS), 2023

This legislative comment is written by Adv. Vaishnavi Parate, who is currently enrolled in the LLM program from Shri. Nathmal Goenka Law College, Akola Maharashtra and Human Rights Activist at All India Human Rights Association, National Council Member at National Legal Rights Consortium under Women’s Indian Chamber of Commerce & Industry (WICCI). She is also a Content Creator on LinkedIn and a student Mentor on Topmate.

ABSTRACT

The “Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023″ is a comprehensive legislative reform aimed at modernizing the criminal procedure framework in India. This Act consolidates and amends existing laws to enhance the efficiency and transparency of the criminal justice system. The BNSS introduces updated procedures for the investigation, trial, and sentencing of criminal offences, ensuring better protection of citizens’ rights and more effective administration of justice. This legislative commentary will cover the key provisions of the BNSS, its implications for the legal system, and the potential impact on the overall administration of criminal justice in India.

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LEGISLATIVE COMMENT: THE BHARTIYA NYAY SANHITA: CRITICISM & RECOMMENDATIONS

This legislative comment is written by Yashfeen Khan, a Law Graduate from Dayanand College of Law, Kanpur, Uttar Pradesh. She is passionate about the field and with her continuous involvement in competitive legal forums, has helped expand her knowledge.

ABSTRACT

The Bhartiya Nyaya Sanhita, 2023 (BNS) is a significant legislative reform introduced by the Government of India to replace the colonial-era Indian Penal Code (IPC), 1860. It aims to modernize and streamline the country’s criminal justice system by addressing contemporary challenges and aligning the law with the principles of justice, equity, and efficiency. The BNS introduces several key changes, including more stringent provisions for crimes against women and children, enhanced punishments for terrorism, and streamlined procedures for expeditious trials.

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CASE COMMENTARY: AJAY KUMAR SUNIL KUMAR SHARMA VS. THE STATE OF MAHARASHTRA (2013) SCC ONLINE BOM 359

This case commentary is written by Vivek, a final-year law student at Dr. D.Y. Patil College of Law. He is passionate about law and various branches of law and has a continuous knack for the same.

ABSTRACT

“Case Commentary: Ajaykumar Sunil Kumar Sharma vs. The State of Maharashtra” provides an in-depth analysis of this significant legal case. This blog will include a detailed examination of the facts, legal arguments, and the court’s judgment. It will also discuss the implications of the verdict and its impact on the legal landscape. By exploring these elements, the commentary aims to offer a comprehensive understanding of the case and its relevance to contemporary legal issues.

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CASE COMMENTARY: ARUNA RAMACHANDRA SHANBAUG V. UNION OF INDIA & ORS., (2011) 4 SCC 454

This case commentary is written by Bhavneet, A fifth-year law student at Chandigarh University. She is passionate about law and has written various blogs and articles which have helped widen her knowledge.

ABSTRACT

“Case Commentary: Aruna Shanbaug” provides a detailed analysis of the landmark Supreme Court case, Aruna Ramchandra Shanbaug vs. Union of India. This blog will include an examination of the facts, legal arguments, and the court’s judgment, which distinguished between active and passive euthanasia and established guidelines for the latter in exceptional circumstances. The commentary will also discuss the broader implications of the case on end-of-life decisions and the right to die with dignity in India.

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CASE COMMENTARY: KM NANAVATI V. STATE OF MAHARASHTRA AIR 1962 SC 605.

This case commentary is written by Kunda Mulenga, a 3rd-year law student at the University of Zambia. She is a passionate law student who aims to learn and explore laws around the globe.

ABSTRACT

The case K. M Nanavati vs. State of Maharashtra raised pivotal questions about the interpretation of murder versus culpable homicide not amounting to murder, the right to a fair trial, and the role of societal biases in judicial outcomes. Initially tried by a jury, Nanavati was acquitted amidst significant public sympathy. However, the Bombay High Court set aside the jury’s verdict, citing legal errors and societal influences, and convicted Nanavati under Section 302 of the Indian Penal Code. This case is historically significant as it marked the abolition of the jury system in India, highlighting its susceptibility to emotional and public influence. It also showcased the intersection of media, public sentiment, and the judicial process in post-colonial India.

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CASE COMMENTARY: SHREYA SINGHAL VS. UNION OF INDIA, AIR 2015 SC 1523

This case commentary is written by Atiya Sanjida, a 4th-year student at the University of Calcutta. She is a detail-oriented law student who specializes in Legal Drafting.

ABSTRACT

“Case Analysis: Shreya Singhal vs. Union of India” examines the landmark Supreme Court judgment that invalidated Section 66A of the Information Technology Act, 2000. This blog will include a detailed examination of the facts, legal arguments, and the court’s ruling, which emphasized the importance of free speech and expression under Article 19(1)(a) of the Indian Constitution2. The case commentary will also discuss the broader implications of this decision on internet freedom and legal precedents in India.

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CASE COMMENTARY: SUPRIYO @ SUPRIYA CHAKRABORTY & ANR. V. UNION OF INDIA, AIR 2008 SC 582

This case commentary is written by Bhavneet, A fifth-year law student at Chandigarh University. She is passionate about law and has written various blogs and articles which have helped widen her knowledge.

ABSTRACT

The case Supriyo @ Supriya Chakraborty & Anr. v. Union of India (2023) was a landmark judgment concerning the recognition of same-sex marriages in India. The petitioners, Supriyo Chakraborty and Abhay Dang, along with other petitioners, sought legal recognition of their same-sex unions under various marriage laws, including the Special Marriage Act, of 1954, and the Hindu Marriage Act, of 1955. The case highlighted critical issues of equality, dignity, and the right to marry under Articles 14, 15, 19, and 21 of the Indian Constitution.

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