APPLIED CRIMINAL JUSTICE
Criminal law in concurrent list, state legislature competent to make amendments: Chidambaram
Criminal Law is a subject in the concurrent list of the Constitution and the state legislature is competent to make amendments, Chidambaram said. "I also welcome the appointment of Justice (retd) Mr K.Sathyanarayanan as the one-person Committee. I request the Committee to hold consultations with all stakeholders, including judges, lawyers, police, law teachers, scholars and human rights activists," he said.
India's lawyers, activists protest against new criminal laws
Indian lawyers and activists are calling on Prime Minister Narendra Modi's government to halt the implementation of new criminal laws, arguing they will increase litigation in an overburdened justice system and grant excessive powers to police. The new laws, effective since July 1, replace the Indian Penal Code of 1860, the 1973 Code of Criminal Procedure, and the Indian Evidence Act of 1872. They expand police powers, introduce the death penalty for gang-rape of minors, and impose strict deadlines for judicial rulings. Critics say the laws will complicate legal work, increase litigation, and potentially lead to police abuse.
Boeing to plead guilty in US probe of fatal 737 MAX crashes
Boeing has agreed to plead guilty to a criminal fraud conspiracy charge related to two fatal 737 MAX crashes in 2018 and 2019 that killed 346 people. This plea, requiring federal judge approval, would classify Boeing as a convicted felon and necessitate a $243.6 million fine. The crashes in Indonesia and Ethiopia prompted victim families to demand Boeing's prosecution. Although the plea could hinder Boeing's ability to secure government contracts, it avoids a public trial and facilitates future business moves, including acquiring Spirit AeroSystems.
Criminals not born out but made: Supreme Court
The Supreme Court in India has acknowledged the various factors that contribute to criminals committing crimes, stating that they are not born out but made. The court emphasized that human potential is good and that no criminal is beyond redemption. The court also noted that every saint has a past and every sinner a future. The court granted bail to an accused in connection with a counterfeit currency case, challenging the Bombay High Court order that declined to release the accused on bail.
Judge in Trump classified documents case grants his request for one hearing, denies bid for another
A federal judge presiding over the classified documents case of former President Donald Trump granted the defense's request for a hearing to determine if prosecutors improperly breached attorney-client privilege. However, the judge denied a request for a hearing on a separate claim that the Justice Department had submitted false or misleading information for a search warrant at Trump’s Florida estate.
Donald Trump has been convicted. Can he still run for President?
Former President Donald Trump, facing felony convictions, remains a competitive presidential candidate despite upcoming sentencing. Legal questions arise regarding his eligibility and potential ballot restrictions.
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US lawmakers seek sanctions to punish ICC over Netanyahu arrest warrant application
United States lawmakers are considering imposing sanctions on the International Criminal Court (ICC) if it issues an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. House Speaker Mike Johnson stated that Congress is exploring all options to punish the ICC for threatening Israeli leaders. He said that the ICC had no authority over Israel or the US and called the decision baseless and illegitimate.
Amal Clooney helped ICC weigh Gaza war crimes evidence
Human rights lawyer Amal Clooney helped the International Criminal Court investigate alleged war crimes in Israel and Gaza, leading to arrest warrants for top Israeli and Hamas leaders. Clooney, working with an expert panel, found evidence of crimes including murder, hostage-taking, and sexual violence. Despite criticism for previous silence, Clooney emphasized the importance of the rule of law and protecting civilians. The ICC's move was denounced by Hamas, Israel, and the US, but Clooney defended the process as rigorous and fair.
ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu
The International Criminal Court's prosecutor has requested arrest warrants for Israeli Prime Minister Netanyahu, Defense Minister Gallant, and three Hamas leaders over alleged war crimes in Gaza. Prosecutor Karim Khan claims the five men bear criminal responsibility for war crimes and crimes against humanity. A panel of judges will decide on the warrants, but enforcement remains uncertain as the ICC lacks the means to compel arrests, and both Israel and the U.S. oppose the investigation.
Russian Foreign Ministry dismisses US allegations of India's role in Pannun case
The Russian Foreign Ministry has rejected US allegations of an Indian plot to assassinate pro-Khalistan radical Gurpatwant Singh Pannun, stating that Washington has not provided any reliable evidence. The ministry's spokesperson criticized the US for its lack of understanding of India's national mentality and historical context, accusing the US of disrespecting India. The US Justice Department recently unsealed an indictment against an Indian national for his alleged involvement in the plot. India has dismissed these allegations as speculative and irresponsible.
No one is above the law: US Supreme Court will decide if that includes Trump while he was president
Supreme Court debates the extent of presidential immunity. Justices stress no one, not even the president, is above the law. Trump seeks immunity for 2020 election actions. Delay tactics amid criminal charges raise concerns about justice and election implications.
UK criminalises creation of 'deepfake' images without consent
Deepfake refers to images and videos made to look hyper-realistic, with the victim usually unaware and unable to give their consent. Under the new offence, those who create such images without consent face a criminal record and an unlimited fine. If the deepfake content is then shared more widely, offenders could be sent to jail.
PMLA can't be applied if conspiracy charge not related to scheduled offence, says SC dismissing review plea
On November 29, the top court held, "The offence punishable under Section 120-B of the IPC will become a scheduled offence only if the conspiracy alleged is of committing an offence which is specifically included in the Schedule."
SC orders appointment of man as constable in UP's PAC whose selection was cancelled for concealing info on criminal case
The apex court noted that when the man had applied for the job on February 12, 2004, there was no criminal case registered or pending against him. However, five days after submitting the application, he got implicated in a criminal case in which he was subsequently acquitted by the trial court in September 2004.
Applied Materials sees quarterly revenue above estimates on AI boom
Strong spending from cloud computing service providers and the rise of AI-embedded personal computers are driving demand for more advanced chips and by extension, for chip making equipment too.
UK announces GREAT scholarships 2024 for Indian students: All about the universities participating & what you need to apply
The GREAT Scholarships program 2024 also includes two scholarships specifically for Justice and Law studies, in partnership with the Ministry for Justice. Indian students interested in pursuing courses related to human rights, property law, criminal justice, commercial law, can apply for these scholarships.
Winter Session: Lok Sabha passes 18 bills
The Jammu and Kashmir Reorganisation (Second Amendment) Bill: The Bill amends the Jammu and Kashmir Reorganisation Act, 2019, and reserves, as nearly as possible, one-third of all elected seats in the J&K assembly for women. This reservation will also apply to the seats reserved for Scheduled Castes and Scheduled Tribes in the assembly. The Government of Union Territories (Amendment) Bill: It seeks to reserve 33 per cent of seats in the Puducherry assembly for women.
Wanted: Detectives to find and stop deepfakes
A person leading a team of deepfake-busters should have certain abilities such as critical thinking and pattern recognition, says the COO at TeamLease Edtech. Developing a keen eye for inconsistencies and the ability to think critically are essential to identify subtle cues that indicate manipulated content.
Applied Materials under US criminal probe for shipments to China's SMIC
The largest US semiconductor equipment maker is being probed by the Justice Department for sending equipment to SMIC via South Korea without export licenses, sources said.
Republican White House hopefuls embrace killing criminals to fight crime
Several Republican contenders for the 2024 presidential nomination have proposed a blunt policy of killing criminals as a means to combat crime. This approach, while not entirely new, appears to be more prevalent in this Republican primary race. The reasons behind this include little blowback for former President Donald Trump's rhetoric toward crime during his term and an increased concern among voters about crime.
Nithari killings: Horror walks free, criminals go unpunished for 'want of a nail'
The Allahabad High Court acquitted Nithari serial killings accused Moninder Singh Pandher and Surinder Koli due to the prosecution's failure to establish guilt beyond reasonable doubt. The court criticized the botched investigations and violation of evidence collection norms. This case highlights the issue of incompetence and suspected mala fide intent leading to criminals going free. The treatment of evidence is crucial, and Indian investigative agencies need to improve procedures and training. Additionally, there is a pattern of trial courts convicting and higher courts overturning judgments, indicating a lower bar for the prosecution. The judiciary needs to address this issue.
How international law applies to war, and why Hamas and Israel are both alleged to have broken it
The United Nations is collecting evidence of war crimes committed by both Hamas and Israel during their recent conflict. The rules of armed conflict are governed by internationally recognized laws and resolutions, including the United Nations charter and the Geneva Conventions. Hamas has been accused of war crimes for attacking and killing civilians, kidnapping civilians, and taking hostages. Israel's response has been criticized for collectively punishing Gaza's residents and using munitions containing white phosphorus.
Will deal with issue of immunity of lawmakers if criminality attached to acts: SC
The current immunity allows MPs and MLAs to avoid prosecution for accepting bribes to make speeches or votes in Parliament and state legislatures. The court will determine whether this immunity should apply when criminal acts are involved. The case was brought to the court's attention after a bribery scandal in 1993 involving JMM MPs.
Presumption based on gender in favour of women accused goes against principles of justice system: HC
The Delhi High Court has set aside a trial court order that discharged four women accused in a kidnapping and attempt to murder case. The high court stated that gender-based presumptions in favor of women accused go against the core principles of the criminal justice system. It emphasized that the Indian legal system is founded on the principle of gender neutrality and each individual, regardless of their gender, should be held accountable for their actions.
Compensation claims in road accidents need not be proven like criminal cases: HC
The High Court of Karnataka has stated that compensation claims in road accidents do not need to be proved like criminal trials. The court dismissed an appeal by an insurance company challenging the compensation awarded to the family of an accident victim. The court emphasized that claimants do not have to prove their case beyond reasonable doubt, but rather on the basis of preponderance of probabilities. The court also upheld the compensation awarded by the Motor Accidents Claims Tribunal and rejected the appeal for enhancement.
Bills to replace IPC, CrPC a throwback to medieval times, give enormous power to govt: Sibal
Rajya Sabha MP Kapil Sibal in an interview has opined that the three Bills introduced by Home Minister Amit Shah in the recently concluded Monsoon session of the Parliament, to completely overhaul the British-era Indian laws as a throwback to "medieval times", and also said that the Bharatiya Nyay Sanhita has absolutely no rationale for giving such enormous powers to the government.
Iltija Mufti moves court challenging issuance of conditional passport
Iltija (35) was issued a "country-specific passport" for two years to allow her to study in the United Arab Emirates, in April this year. The conditional passport was issued after she moved the High Court in February after her application for a passport was not cleared following an adverse report by the Jammu and Kashmir Police's Criminal Investigation Department (CID).
Whether in mass shootings or lightning strikes, quality has a quantity of its own
The US ranks No. 1 in the country list of deaths by 'mass shootings' - loosely described as incidents where deaths of four or more persons occur by the use of firearms that aren't gang killings, domestic violence, or terrorist acts conducted by an organisation. According to a 2022 study published in the International Journal of Comparative and Applied Criminal Justice, between 1998 and 2019, there were 101 attacks in the US leading to 816 deaths. (France was No. 2 with eight incidents and 179 deaths.)
Criminal attorneys in England and Wales agree to halt strike after govt offers 15% pay hike. Read details here
Following the UK government's offer of a revised pay deal, the criminal barristers in England and Wales agreed to stop their protracted strike action.
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