Tags IPC

Tag: IPC

October 16, 2024
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Media Persons Cannot Be Prosecuted for Defamation for D...

Recently, the Kerala High Court ("Court") ruled that media persons, in discussing the contents of a publicly available book, cannot be prosecuted for defamation. The media persons, in conducting such discussions, would be exercising their freedom of speech through engaging in fair comment and criticism. ......
July 17, 2024
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CHANGES IN LAW PERTAINING TO SEDITION, DEFAMATION AND I...

The Bharatiya Nyaya Sanhita, 2023 ("BNS"), the legislation that replaced the existing Indian Penal Code, 1860 ("IPC") was brought into effect on July 1, 2024. BNS while introducing various new offences also reformulates certain older provisions and introduces new nomenclature for some offences. . . . ...
March 6, 2024
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Certifying a Bold New Future: The Draft Cinematograph (...

The Ministry of Information and Broadcasting ("MIB") amended and notified new provisions of the Cinematograph (Amendment) Act, 2023 on August 4, 2023. To enable such provisions the MIB has introduced the draft Cinematograph (Certification) Rules, 2024 ("Draft Certification Rules") and invited comments on the same....
January 10, 2024
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PRITAM CHAND V DR. KAMAL SAINI: DEFINING THE LIMITS OF...

The Jammu and Kashmir and Ladakh High Court ("J&K&L Court") in its recent order in Pritam Chand v Dr. Kamal Saini (CRMC No. 758/2017), stated that the press must refrain from publishing content in the newspaper that is manifestly defamatory in nature against an individual. ......
September 27, 2023
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Sovereignty, Secession and Subversion: A Wolf in Sheep&...

The Bharatiya Nyaya Sanhita Bill, 2023 ("New IPC Bill"), the proposed successor to the existing Indian Penal Code, 1860 ("IPC") was introduced in the Lok Sabha on August 11, 2023. The Bill was tabled along with two other bills: (1) Bharatiya Nagarik Suraksha Sanhita Bill, 2023; and (2) Bharatiya Sakshya Bill, 2023 intended to replace the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 respectively. ......

Beyond identical: How Indian courts view likelihood of confusion with house and secondary ...

Adopting a secondary mark alongside a house mark is not always straightforward. Indian Courts weigh in on the likelihood of confusion in such cases, providing insights into trademark strategy and brand identity. ...

Modifying Arbitral Awards: Supreme Court Resolves Conflict in Section 34 Powers

The Supreme Court by way of a landmark judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited, dealt with the issue of whether courts have the power to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). ...

Legal implications of social media “likes”: Section 67 of the IT Act

In a recent judgment, the Allahabad High Court (Court) made an important distinction between liking a post and sharing a post on social media platforms. The Court held that merely liking a post does not amount to publishing or transmitting obscene material under Section 67 of the Information Technology Act, 2000 (IT Act). ...

Is Your Brand Ready for the Multilingual Internet Revolution in India?

As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ...

It’s not always patently obvious, Calcutta High Court weighs in on Brigatinib

The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ...