Child custody is one of the most emotionally challenging aspects of divorce or separation. It determines which parent will have the legal right and responsibility to care for a child after the marriage ends. In India, the legality of child custody is guided by both…
In criminal law, bail is a crucial safeguard that protects the liberty of an individual while ensuring their presence before the court. Among various forms of bail, anticipatory bail under Section 438 of the Criminal Procedure Code (CrPC) is one of the most significant legal…
In the Indian criminal justice system, bail plays a crucial role in safeguarding the fundamental right to personal liberty. It ensures that an accused person is not unnecessarily detained before a fair trial. Whether it’s a regular bail or anticipatory bail, the courts follow specific…
In recent years, false Section 498A cases have become a growing concern for many families in India. While the law was originally enacted to protect women from cruelty and dowry harassment, it has sometimes been misused to settle personal scores or gain leverage in matrimonial…
The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, is a stringent legislation aimed at curbing drug-related offenses in India. One of its most debated provisions pertains to bail, which is notably restrictive compared to other criminal statutes. This article delves into the intricacies of…
Among the fundamental rights guaranteed by the Indian Constitution, the right to liberty holds a place of paramount importance. The writ of habeas corpus—literally meaning “you may have the body”—is one of the most significant legal remedies available to protect an individual’s personal liberty against…
Anticipatory bail, as provided under Section 438 of the Code of Criminal Procedure (CrPC), serves as a pre-arrest legal remedy for individuals apprehending arrest for non-bailable offences. While this provision safeguards personal liberty, the Supreme Court of India has underscored that its application should be…