Rape, limitation, and due process: Constitutional rights in action
Democratic society is based on consent. Sexual relationship must be consensual. Otherwise, it amounts to a crime according to section 375 of the Penal Code, 1860. The question of consent is raised in defence of the accused and therefore the onus probandi (burden of proof) rests on the accused, although the general principle is that the onus is on the prosecution.
Legality and legitimacy of Bangladesh Constitution
What is the source of legality or legal validity (‘Boidhota’ in Bengali) of a constitution? A superior law? India and Pakistan got their independence and established two constituent assemblies via the enactment of the Indian Independence Act, 1947.
November 20, 2021
Rape, limitation, and due process: Constitutional rights in action
Democratic society is based on consent. Sexual relationship must be consensual. Otherwise, it amounts to a crime according to section 375 of the Penal Code, 1860. The question of consent is raised in defence of the accused and therefore the onus probandi (burden of proof) rests on the accused, although the general principle is that the onus is on the prosecution.
November 6, 2021
Legality and legitimacy of Bangladesh Constitution
What is the source of legality or legal validity (‘Boidhota’ in Bengali) of a constitution? A superior law? India and Pakistan got their independence and established two constituent assemblies via the enactment of the Indian Independence Act, 1947.
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