Indian Journal of Law and Justice

Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2866

Indian Journal of Law and Justice (ISSN : 0976-3570 ) is a peer-reviewed Journal published in March and September, by the Department of Law, University of North Bengal, Darjeeling, West Bengal, India. The Indian Journal of Law and Justice are intended to provide a forum for analysis and research on various aspects of law. The IJLJ also invites Research papers, Articles and Technical notes/comments on law and law related issues. For further details see Focus and scope.

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    Need for Scientific Analysis of the Theory of Interest in Consideration of Bail
    (University of North Bengal, 2022-03) Devi, Mridula; Gope, Sumita
    The concepts of crime and society are correlated. It must be noted that the notion of crime encompasses the concept of bail or provisional release. When a person is suspected of committing a crime and is detained by the court, she/he may be released on bail. However, the grant or denial of bail hinges on the equilibrium required between conflicting interests, that is the need for an individual’s personal liberty and the interest of society. Historically, the concept of bail and interest emerges from the clash between the state’s power to restrict or deprive the liberty of a man — who may have allegedly committed a crime — and the presumption of innocence or guilt in their favour. In this regard, there have been a number of international as well as national cases, which contend that there should be an appropriate balance between preserving the right to liberty of the individual and the interest of the state in granting bail or provisional release. Hence, the law relating to bail is meant to balance these two conflicting interests viz. the presumption of innocence of the accused and the need to protect the society from the acts of those committing crimes. Further, the law of bail is instituted under the right to personal liberty, under Article 21 of the Indian Constitution. This provides for a legal procedure that is guided by the tenets of natural justice. Therefore, the law relating to bail needs to be interpreted in synthesis with constitutional goals and mandates. In a constitutionally controlled criminal justice system, criminal jurisprudence has sought a balance between the liberty of the accused and the collective interest of the society. In this respect, this paper is an endeavour to study the need for a scientific analysis of the theory of interest in consideration of bail.
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    ItemOpen Access
    Social Transformation and Its Impact on Traditional Knowledge
    (University of North Bengal, 2020-03) Wangchuk Bhutia, Jigmee
    As the society, so the Traditional Knowledge. with the change in society there is a change in Traditional Knowledge. Traditional Knowledge is shaped in accordance with the time and need of the society. There is a close relation between Traditional Knowledge and Social Transformation. With the society evolving towards modernization, Traditional Knowledge being a living knowledge which evolves with the society and the people is also evolving towards modern knowledge. The nature can be regarded as a laboratory where the experiment of the Traditional Knowledge takes place. Earlier, Traditional Knowledge was not universal at all, there was traditional system of protection and traditional system for the grant of permission to access it but now due to globalization, there is more chances of misappropriation and Traditional Knowledge is not safe. India is amongst the nations who is very rich in terms of Traditional Knowledge and in India, most of the population still depends on Traditional medicinal system. With the acceptance of globalization, it is high time India should take proper step for the protection of Traditional Knowledge. Traditional Knowledge is categorized under the Intellectual Property Rights, and if it is not provided proper protection then someone else under the Intellectual Property Rights will protect it and the community who owns it will loss the ownership rights.