Lex writings

INTRODUCTION   “ De novo” has its origin from the Latin which means “a new” or “from the beginning”. In the legal field, it is used to describe judicial review that will be conducted as if prior proceedings had never taken place. That is, an issue or a matter will be heard as if it had just commenced for the first time, without taking in to account prior proceedings with respect thereto. De novo trial happens mostly in criminal cases.  Meaning of “De Novo Trial”? A De Novo Trial (Retrial) is a new trial or a criminal retrial in which the entire case is presented as if there had been no previous trial.  In a trial de novo, new evidence and witness testimony can be presented “without deference to the initial judgment”- meaning that the outcome of the previous trial is not considered.  Trials de novo are similar to criminal appeals, except that new evidence may be introduced, since it is basically a new trial. WHEN DE NOVO TRIAL MUST BE GRANTED For an...

INTRODUCTION ‘Dowry deaths’ comprise a unique category of deaths in India.  The tradition of dowry started in the form of “Vardakshina” which was used to be given by the parents of the bride to the bridegroom out of love and affection and to honour the groom rather than to induce him to take the bride. Later on it became the symbol of status and prestige to assert one’s superiority over others and dowry emerged as an unintended consequence of the above social practice.  The law-makers, taking the note of seriousness and consequence of the problem legislative measures to plug the loopholes in the law as well as to enact new provisions so as to make the law rational and effective. The Dowry Prohibition Act, the first national legislation to deal with the social evil of dowry, was passed in 1961. The object of this act is to prohibit giving and taking of dowry.     DEFINITION OF DOWRY It has been observed in  Shanti  v.  State of Haryana ...

INTRODUCTION Crime is an act which causes harm to the individual or to the society. It’s a wrongful act which is forbidden by law. Crime is an anti-social behavior which is injurious to society. Individuals commit crime because of jealousy, greed, anger, revenge. Besides keeping criminals apart there is another kind of killers termed as  “PSYCHO KILLERS.”  Who are these? Why do they kill some other persons? What are causes for turning into psycho killer? Are there any legal consequences for that kind of killer? Psycho killers often called as serial killers. One can be called as a serial killer if he kills two or more persons in a series. Psycho killers are those who appear to be normal human beings. The style of the murder will be the same and the gap between one murder and another murder may be a day or a month or a year. The psycho killers may not even know the victim whom they are going to be killed. They behave in such a way because of many reasons which will be list...

INTRODUCTION   Crime is behaviour, either by act or omission, defined by statutory or common law as deserving of punishment. Whereas hate crime means when someone commits a crime against you because of your disability, race, sexual orientation, religion, or any other perceived difference. It doesn’t always include physical violence. Someone using abusive language towards you or harassing you because of who you are, or who they think you are, is also a crime. The same goes for someone posting abusive/offensive messages about you online. TYPES OF HATE CRIME Three main types: physical assault, verbal abuse and incitement to hatred. PHYSICAL ASSAULT Physical assault of any kind is an offence. If you have been a victim of physical assault you should report it. Depending on the level of violence used, a perpetrator may be charged with common assault, actual bodily harm or grievous bodily harm. VERBAL ABUSE Verbal abuse, threats or name-calling can be a common ...