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Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court, [1][2] stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment. [3] The guidelines asked the police to determine whether an arrest was necessary under the provisions of ...
Section 406 IPC, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs. Further, Section 498A IPC was specifically included in 1983 to protect women from cruelty and harassment.
Nisha Sharma dowry case. The 2003 Nisha Sharma dowry case was an anti-dowry lawsuit that has been cited as an illustrative example highlighting the potential for misuse of the IPC 498A law in India. In this case, Nisha Sharma accused her prospective groom, Munish Dalal, of dowry demands, raising questions about the dynamics and fairness of such ...
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: " [N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb..."[1] The four essential protections included are prohibitions against, for the same offense: retrial after an acquittal; retrial after a conviction;
In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. [1] Double jeopardy is a common concept ...
A defendant found "not guilty" is not legally answerable for the criminal charge filed. An acquittal is when a judge or jury finds a defendant "not guilty" of the crime charged. [6] "Not guilty" also refers to a type of plea in a criminal case. To avoid confusion, the term "acquittal" is often used in place of it to refer to the court judgment.
Deepika Narayan Bhardwaj is an Indian journalist, documentary film-maker and men's rights activist. [1][2] Bhardwaj rose to prominence after producing the documentary Martyrs of Marriage, which covered abuses of criminal section 498A (Anti-dowry law) by brides and their families. [3][1][4] She also exposed a conspiracy of alleged victims in the ...
Adarand Constructors, Inc. v. Peña, 515 U.S. 200 (1995), was a landmark United States Supreme Court case which held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny", the most stringent level of review which requires that racial classifications be narrowly tailored to further compelling governmental interests. [1]