LAWYUSH

 The Doctrine of Prospective Overruling originated in the American Judicial System. It dictates that a decision made in a particular case would have operation only in the future and will not carry any retrospective effect on any past decisions. This doctrine was first invoked in India in the case of Golak Nath v. the State of Punjab by Chief justice Kokka Subba Rao. As per the Doctrine of Overruling, the court can develop a better law in place of an existing one, but that new law will only be effective in future cases and will have no retrospective effect. The current case (during which the court came up with the new law) will be decided based on the old law. ) The doctrine of prospective overruling states that the court is duty-bound to announce a “new and better” rule in place of an old, unscientific or condemned rule . However, the doctrine also states that the new rule would not affect any past court judgments.

Assault is an overt act or making a gesture or a preparation intending, or knowing it to be likely that such gestures or preparations are with reference to the use of criminal force against the person. * Assault is a term used in legal contexts to describe a physical attack or threat of violence against another person.  *mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. • Assault :      According to Section 351 of Indian Penal Code, Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Essential Ingredients - 1. Making any gesture or preparation by a person in the presence of another; and 2. Intentio...

  Unnatural offences , as defined under Section 377 of the Indian Penal Code (IPC), refer to certain sexual acts that are considered against the order of nature.    This included acts such as anal sex, oral sex, and bestiality.     Section 377 : Section 377 of the IPC was introduced during the British colonial era in 1861 and criminalized "carnal intercourse against the order of nature." The wording of the section was ambiguous, leaving room for subjective interpretations.  • Definition :      As per section 377 of the ipc - whoever voluntarily has carnal intercourse against the order of nature with any man, women, or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extent to 10 years and shall also be lable to fine. Section 377 is considered a serious offence, hence, it is cognizable and non-bailable in nature. It can be tried in the court of a magistrate of first class. Th...

  • Introduction :         Kidnapping and abduction are serious criminal offenses that involve the unlawful taking or detention of a person against their will.       These acts not only violate an individual's personal freedom and autonomy but also pose significant threats to their safety and well-being.        The Indian Penal Code (IPC) provides legal provisions to address and punish such acts, ensuring the protection of individuals from these heinous crimes.                 Kidnapping and abduction are distinct but closely related offenses. Kidnapping refers to the act of taking or carrying away a person by force or coercion, intending to hold them captive against their will.         Abduction, on the other hand, involves the act of wrongfully or unlawfully restraining a person's freedom of movement without their consent or legal justification.   ...

Define domestic voilence, What are the rights of aggrieved women under the protection of women from domestic voilence act 2005 ?,                                                                      or       Examine the impact of domestic voilence act 2005 on Indian society,                                                                          or        How far the domestic voilence act has been successful in protecting the women from domestic voilence ?,                                       ...

Cruelty Cruelty is an important concept in Indian criminal law, particularly in matrimonial conflicts. Section 86 of the Bhartiya Nyaya Sanhita [ Section 498A of the Indian Penal Code (IPC) of 1860 ] was enacted to safeguard married women from cruelty committed by spouses or in-laws. This article delves into the legal definition, varieties of cruelty, related sanctions, and key judicial interpretations, acting as both a detailed legal article for general knowledge and a complete resource for law students preparing for competitive tests or academic coursework Understanding Cruelty Under Section 86 of BNS ( Section 498A IPC): Legal Meaning, Case Laws, and Divorce Implications Introduction Cruelty refers to actions or behaviors that inflict mental or physical distress , suffering, or harassment on a person. In the BNS [Indian Penal Code (IPC)], cruelty is specifically defined as an offense under section 86 ( 498A of IPC ). This section particularly focuses on cruelty directed at marrie...