1. "Be compassionate to students", BCI urges law institutes to frame alternative schemes for payment of fees in installments
The Bar Council of India (the Council) has issued a circular to centers of legal education asking them to frame flexible schemes for fee payments to ease the financial burden on students and their families during the COVID-19 pandemic.
“These are special circumstances, an emergency has arisen, it is a worldwide pandemic, students would not have pleaded like this under normal circumstances.” BCI
Exhorting institutions to be “compassionate”, the Council asks centers of legal education to frame “alternative and optional schemes” for the payment of fees in installments, as opposed to the lump sum fees charged by most institutions presently.
“Students and even parents alike have pleaded that during the times of pandemic when many people have been laid off from their jobs, many have got reduced salaries, businesses have turned into loss-making ventures, reasonable concessions should be offered to them to tide over such difficulties.” BCI
Source: Live Law
2. Failure of Trial Court to consider an explanation of accused under Section 313, CrPC could endanger conviction: Supreme Court
The Supreme Court today emphasized the importance of the right of the accused to offer an explanation under Section 313 of the Code of Criminal Procedure (CrPC) terming this right a valuable one in seeking justice.
Failure of the Courts to consider the defense could be prejudicial to justice and could endanger conviction itself, the Court said.
“Such an opportunity is a valuable right of the accused to seek justice and defend oneself. Failure of the trial Court to fairly apply its mind and consider the defense could endanger the conviction itself.” Supreme Court
Under the CrPC, the accused are given an opportunity to offer an explanation and mount a defense under Section 313 after the Prosecution has closed its evidence and completed examining the witnesses. This defense is required to be considered by the Courts in examining the case.
While the burden of proving the commission of an offense and the guilt of the accused beyond a reasonable doubt is on the prosecution, the defense is merely required to create that reasonable doubt.
An alternative version presented by an accused cannot be brushed aside lightly.
Source: Bar & Bench
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