The Juridical Folio

Domestic violence is a major societal concern existing in the public domain and has been a grave hindrance towards the growth of a progressive society. The term domestic violence basically refers to infliction of violence over another person living in the same household. It connotes to the abusive behaviour of a person which can be either physical, sexual, psychological, emotional or economic. Women have been subjected to domestic violence long since and still continues to be victims of such violence occurring within the family. Domestic violence has been one of the widespread crimes against women in India with instances of molestation, marital rape and dowry deaths . Yet, until a decade ago, there was no legal definition of domestic violence, leave alone adequate legal redressal for women facing violence in their homes. This being the legal position, the legislators finally framed a new legislation called the Protection of Women from Domestic Violence Act, 2005. The law in India

  On August 11, 2020 the Supreme Court of India pronounced a landmark verdict in the case of Vineeta Sharma V. Rakesh Sharma [1]   elucidating the issue of inheritance of property by daughters as coparceners in a Hindu Joint Family. The Supreme Court ruled that a daughter shall have the same rights and liabilities of inheritance as that of a son to the family property, irrespective of the daughter being born before or after the date of commencement of the Hindu Succession (Amendment) Act, 2005(i.e. September 9, 2005). The Supreme Court further ruled that since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 09.09.2005. Coparceners and Hindu Joint Family: Hindu law consists of two main schools – Mitakshara and Dayabhaga. Mitakshara has further been sub-divided into four schools. The application of schools of Mitakshara is region-wise. It applies to most parts of India except Bengal and Assam. The Dayabhaga school of Hindu law is p

Arrest in common parlance signifies the restraint of a person. The word “Arrest” has been derived from the French word arrêt meaning “to stop or stay”. Black’s Law Dictionary (7 th Edition, 1999) defines “Arrest” as ‘1. A seizure or forcible restraint; 2. The taking or keeping of a person in custody by legal authority, esp. in response to a criminal charge. It also defines “ Lawful Arrest” as “The taking of a person into legal custody either under a valid warrant or on probable cause that the person has committed a crime.”   CATEGORIES OF ARREST: 1. Arrest made in execution of a warrant issued by a Magistrate; 2. Arrest made without a warrant in accordance to the provisions laid down under the Criminal Procedure Code, 1973.   WHO CAN ARREST? : Arrest may be made by: 1. A police officer – A police officer shall ordinarily make an arrest is pursuance of a warrant issued by a Court under the provisions enumerated under chapter VI B of The Code of Criminal proce