Legal Articles

The Indian Contract Act, 1872 provides the basic legal framework governing contracts in India. Contracts may take different forms, including valid, void, voidable, express, implied, executed, and executory agreements, depending on their formation and enforceability. For an agreement to become a valid contract, essential requirements generally include free consent, competent parties, lawful consideration, a lawful object, and certainty of terms. Careful contract drafting is equally important, as clearly defining obligations, payment terms, timelines, termination, dispute resolution, and remedies can reduce ambiguity and help prevent future disputes.

Section 411 of the Indian Penal Code (IPC) dealt with dishonestly receiving or retaining stolen property. To establish the offence, it was necessary to show that the property was stolen and that the accused knew or had reason to believe it was stolen while receiving or retaining it dishonestly. Mere possession of stolen property did not automatically establish guilt without the required knowledge or belief and dishonest intention. Since 1 July 2024, the IPC has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), which now governs such offences.

Section 97 of the Indian Penal Code (IPC) recognised the right of private defence of the body and property. It allowed a person, subject to legal restrictions, to defend their own body or another person against certain offences and to protect property against offences such as theft, robbery, mischief, and criminal trespass. The right was preventive rather than retaliatory, and the force used had to remain within limits prescribed by law. Since 1 July 2024, the IPC has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), which now contains the applicable provisions on private defence.

The doctrine of fair dealing under Indian copyright law allows limited use of copyrighted material without the copyright owner’s permission in specific circumstances. Under the Copyright Act, 1957, permitted uses can include purposes such as private or personal use including research, criticism or review, and reporting current events, subject to statutory conditions. Whether a particular use is protected depends on factors such as its purpose, nature, extent, and effect on the original work. The doctrine seeks to balance the rights of copyright owners with legitimate public access to information, education, commentary, and creative expression.

When a chargesheet is filed without arresting the accused during investigation, the filing of the chargesheet does not by itself mean that the person must automatically be taken into custody. Courts consider factors such as the accused’s cooperation during investigation, compliance with notices, risk of absconding, and need for custody. Depending on the circumstances, the accused may appear before the court and seek bail or other appropriate protection. Supreme Court decisions have also emphasised that unnecessary arrest should be avoided where an accused was not arrested during investigation and cooperated with the investigating agency.

A contract in business law is an agreement that creates legally enforceable rights and obligations between two or more parties. Under the Indian Contract Act, 1872, an agreement becomes enforceable when essential requirements such as competent parties, free consent, lawful consideration, lawful object, and certainty of terms are satisfied. Business contracts may govern transactions involving goods, services, employment, partnerships, payments, and other commercial relationships. Clearly drafted terms concerning responsibilities, payment, performance, termination, liability, and dispute resolution help businesses reduce uncertainty and manage legal risks.

Article 21 of the Indian Constitution guarantees that no person can be deprived of life or personal liberty except according to procedure established by law. Through judicial interpretation, its protection has expanded beyond mere physical existence to include the right to live with human dignity, privacy, livelihood, health, shelter, a clean environment, and a fair and speedy trial, depending on the circumstances. Article 21 acts as a fundamental safeguard against arbitrary State action and has become one of the most important constitutional protections for individual liberty and dignity in India.

This article explores the legal concept of “res integra” and its practical application in recent case law. “Res integra” refers to legal issues that remain unresolved or untouched by precedent, affording judges the discretion to decide based solely on legal principles. Through an analysis of pertinent case law, including Rajendra Kumar Sharma vs. the State of Chhattisgarh & Others, Prem Chand And Ors. vs. Union of India and Ors., and Ghulam Qadir Badder & Anr vs. the State Of J&K; And Anr., this article examines the evolving understanding and application of “res integra” in contemporary legal practice.

The POCSO Act, 2012 provides special safeguards to protect children during investigation and court proceedings involving sexual offences. Courts must follow a child-friendly approach, protect the child’s identity and privacy, and take steps to prevent unnecessary distress or repeated exposure to the accused. Proceedings are generally conducted in camera, and questioning should not be intimidating or humiliating. These protections aim to ensure that a child can participate in the justice process with dignity, safety, confidentiality, and appropriate support, while preserving the fairness of the trial.