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Showing posts with the label Indian Courts

The Law and Practice of Bail Applications in India: A Comprehensive Guide

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By Abhishek Jat, Advocate Introduction Bail is a vital component of the Indian criminal justice system, serving as a bridge between the presumption of innocence and the necessity of ensuring the accused’s presence at trial. The concept of bail is rooted in the fundamental right to liberty, as enshrined in Article 21 of the Constitution of India. The process of seeking bail, however, is governed by statutory provisions, judicial discretion, and practical considerations that collectively ensure a balance between individual rights and societal interests. Legal Framework: Statutory Provisions Governing Bail The law relating to bail in India has undergone significant evolution, with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), now serving as the principal statute. The BNSS replaced corresponding sections of the Code of Criminal Procedure, 1973 (CrPC), and introduced certain refinements to the bail regime. The relevant sections under the BNSS are as follows: Section 479: Governs the ...

Landmark Judgments in Indian Cyber and Technology Law: A Critical Analysis

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  By Abhishek Jat, Advocate Introduction The digital revolution has necessitated a robust legal framework to address emerging challenges in cyberspace. India's Information Technology Act, 2000 (IT Act) has evolved significantly through judicial interpretation. This article examines seminal judgments that have shaped the contours of cyber law jurisprudence in India, focusing on intermediary liability, cybercrime prosecution, digital evidence standards, and constitutional challenges. I. Intermediary Regulation and Digital Content Governance Website Blocking and Proportionality In Department of Electronics and Information Technology v. Star India Pvt. Ltd. (2016), the Delhi High Court established a significant precedent regarding website blocking. The court determined that when a website predominantly hosts infringing content, blocking it in its entirety is justified rather than implementing selective URL blocking. This judgment marked a crucial shift in the regulatory approach...