J.T.R.I. JOURNAL Patron-in-Chief Hon‟ble Mr. Justice Govind Mathur The Chief Justice of High Court of Judicature at Allahabad Judge-Incharge-J.T.R.I., U.P. Hon‟ble Mr. Justice Pankaj Kumar Jaiswal Senior Judge, Allahabad High Court, Lucknow Bench Editorial Board Editor Smt. Saroj Yadav Director, J.T.R.I., U.P. : Members: Santosh Rai Ram Nagina Yadav Rajiv Maheshwaram Smt.Sunita Aditya Addl. Director (Research) Addl. Director (Training) Addl. Director (Admin.) Addl. Director (Finance) Mohinder Kumar Dr. Avanish Kumar Smt. Neelanjana S. K. C. Singh Deputy Director Deputy Director Deputy Director Deputy Director Judicial Training & Research Institute, Uttar Pradesh, Vineet Khand, Gomti Nagar, Lucknow – 226010 1 JTRI JOURNAL Issue No. XXXVI (2018-19) CONTENTS Sl. No. Articles 1. Messages 2. From the Director‟s Desk 3. J.T.R.I. Report 4. Per Incurium and Sub Silentio Justice Satya Poot Mehrotra 5. Lenient View of Procedural Laws Interest of Justice or Torture Justice S.U. Khan 6. Nature and Scope of the Power of the Magistrate under Section 156(3) of the Criminal Procedure Code Justice Shrikant Tripathi 7. Efforts to Protect and Improve Environment by Parliament and Judiciary of the Country Justice V.C. Gupta 8. Basic Principles of Judicial Ethics Santosh Rai 9. साइबर ऱा, साइबर अपराध व इऱेक्ट्रोनिक/डिजिटऱ साक्ष्य Ram Nagina Yadav 10. Video-Conferencing: Concept And Permissibility Under The Law Rajiv Maheshwaram 11. Dynamics of Corruption: Expanding the Focus on Corruption Dr. Avanish Kumar& Dr. Aditi Srivastava 12. राि-धर्म S.S. Upadhyay 13. Law of Arrest Dr. Babbu Sarang 14. Judicial Discretion – with Specific Reference to Sentencing Sunil Kumar Singh 15. Inquest Report Ahsan Ullah Khan 16. Identification by Sniffer Dogs – A Fragile Piece of Evidence Tej Bhadur Singh 17. Indian Constitutional Jurisprudence: A shift from Analytical Positivism to Human Rights Jurisprudence Kunal Vepa 18. Provisions and Relevant Case Laws Regarding Maintenance Under 2 the Code of Criminal Procedure, 1973 and Muslim Women (Protection of Rights on Divorce) Act, 1986 Raj Bahadur Singh Maurya 19. Truth, Falsehood, Hostility of Witnesses & the Challenges before a Trial Judge Dr. Humayun Rasheed Khan 20. Succession Certificate : Statutory Provision and Judicial Interpretation Thereto Saurabh Saxena 21. Latest Changes in Law on Sec. 138, N.I. Act- An Analysis Vishnu Pratap Singh 22. र्鵍यथता एवं सुऱह सर्झौता क्ट्यⴂ Raghvendra Mani 23. Female Prisoners : The Patriarchal Prejudices with Special Reference to Death of Manjula Shette Prof. Bibha Tripathi 24. Role of Advocates in Administration of Justice Sachin Upadhyay 25. Rajbala and Others v State of Haryana and Others: Shaking the Foundations of Local Self-Governance and Due Process in India Aditya Manubarwala 26. Kidnapping of Child a Bailable Offence under IPC becomes Non- Bailable under JJ Act Rakesh Kumar Singh 27. Refugee Law for India : Protecting Rights, Borders and Integrity Nishant Sirohi 3 Messages of Hon’ble the Chief Justice & Hon’ble Judges 4 Hon‟ble Mr. Justice Govind Mathur Chief Justice Allahabad High Court 5 6 Hon‟ble Mr. Justice Vikram Nath Senior Judge Allahabad High Court 7 8 Hon‟ble Mr. Justice Pankaj Kumar Jaiswal Senior Judge Allahabad High Court, Lucknow-Bench 9 10 Hon‟ble Mr. Justice Munishwar Nath Bhandari Judge Allahabad High Court, Lucknow-Bench 11 12 Hon‟ble Mr. Justice D.K. Upadhyaya Judge Allahabad High Court, Lucknow Bench 13 14 Hon‟ble Mr. Justice Rajan Roy Judge Allahabad High Court, Lucknow Bench 15 16 Hon‟ble Mr. Justice Vivek Chaudhary Judge Allahabad High Court, Lucknow Bench 17 18 Hon‟ble Mr. Justice Jayant Banerji Judge Allahabad High Court 19 20 Hon‟ble Mr. Justice Abdul Moin Judge Allahabad High Court, Lucknow Bench 21 22 From the Director‟s Desk It gives me immense pleasure in presenting Issue XXXVI of 'J.T.R.I. Journal' to our esteemed readers. The Journal contains articles, transcription of talks and papers by Hon'ble Judges of the Allahabad High Court, Faculty Members of J.T.R.I. and also scholars of Law. We are deeply Indebted to Hon'ble the Chief Justice, Hon‘ble Mr. Justice Govind Mathur and all the Hon'ble Judges of the Allahabad High Court including Hon'ble Judges of the Lucknow Bench who have always been a constant source of guidance, inspiration and encouragement to us and to this Institute. We are highly obliged to Hon'ble the Chief Justice, Hon‘ble Mr. Justice Govind Mathur and Hon'ble Mr. Justice Pankaj Kumar Jaiswal, Senior Judge, Lucknow Bench and Judge in-charge J.T.R.I. for His Lordship‘s guidance and motivation. We are extremely grateful to all the Hon‘ble Judges, Judicial Officers and other esteemed contributors, who, have enriched this issue by their contribution. The preceding year has been full of activities and hectic for the Institute. During this period the Institute has conducted various Induction Training Programmes for newly appointed Civil Judges (Junior Division) and Officers in the cadre of Direct Higher Judicial Service, Refresher Training Programmes for officers of all cadres, Training Programmes on ‗Ubuntu 16.04 & CIS 2.0‘ and ‗18.04-CUM-CIS 3.0‘. In addition the Institute has also conducted or has facilitated the organization of large number of national, regional and state level Seminars, Conferences, Colloquiums, Workshop etc. on various topics of Social, Legal, Economic and Contemporary importance. In this process, the Institute has organized the following training programmes:- Induction Training Programme (Phase-II, Institutional Training) for Newly Appointed Civil Judges-2015 Batch (Group-II), Induction Training Programme (Phase-I, Institutional Training) for Newly Appointed Civil Judges-2016 Batch (Group-I), Induction Training Programme (Phase-I, Institutional Training) for Newly Appointed Civil Judges-2016 Batch (Group-II), 40hrs. Mediation Training Programme for officers of Induction Training Programme (Phase-I, Institutional Training) for Newly Appointed Civil Judges-2016 Batch (Group-I), One Day Seminar / Workshop on PCPNDT Act for Newly Appointed Civil Judges (JD), During Foundation Training (26.11.2018 to 25.02.2019), Induction Training Programme for Newly Appointed Addl. District & Sessions Judges (Direct Recruits), Special Training Programmes for Newly Promoted Addl. District & Sessions Judges. (Round-1), Refresher Training Programmes for Addl. District & Sessions Judges. (Round-1), Training Programmes on ‗Ubuntu 16.04 & CIS 2.0‘ for Judicial Officers, Refresher Training Programme on Ubuntu 18.04-CUM-CIS 3.0 for Master Trainers (Judicial Officers), Special Training Programmes on Financial & Personal Management and other Designated Courts (Money 23 Laundering, Commercial Courts & Land Acquisition & Management Tribunal) for District & Sessions Judges of U.P., Management Development Programmes for Judicial Officers at Indian Institute of Public Administration (IIPA), New Delhi, Special Legal Training Programme for Newly Promoted Income Tax Officers, Special Training Programmes for Chief Administrative Officers / Administrative Officers under the direction of Hon‘ble State Court Management Systems Committee, High Court, Allahabad, Training Programme for Dy. Superintendent of Police (Probationers), Advance Capsule Course on Mediation for Advocate Mediators (SLSA Programme), One Day Seminar / Workshop on PCPNDT Act for Chief Judicial Magistrates, Prosecuting Officers and District Nodal Officers of 25 districts of U.P., at JTRI, UP, Lucknow in Association with Department of Medical, Health & Family Welfare, Govt. of U.P., Civil Judge (Junior Division) 2016 Batch (Group- II), Assistant Prosecuting Officers- Special Recruitment 2007 Batch, Assistant Prosecuting Officers 2011 & 2015 Batch. The Institute also in compliance of the directions of the Hon‘ble Apex Court has been organizing various training related exercises on different topics. In this process a Special Training Programme, pertaining to the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection Act), 1994 has been/is being organized in terms of the directions of the Hon‘ble Supreme Court passed in the matter of Voluntary Health Association of Punjab v. Union of India & others [Writ Petition (Civil) no. 349/206 with SLP (Crl.) no. 5800/2013 and W.P. (C) no. 575/2014]. There is a strong transformation happening in Judiciary with adoption of technology. The Institute is involved in organizing mandatory courses in Induction and Refresher programmes on ‗Ubuntu 16.04 & CIS 2.0‘ for Judicial Officers and Refresher Training Programme on ‗Ubuntu 18.04-CUM-CIS 3.0‘ for Master Trainers (Judicial Officers) under the guidance and directions of Hon‘ble e-Committee, Supreme Court of India and Hon‘ble Steering Committee, Allahabad High Court of Uttar Pradesh. The Institute has been making its level best to provide quality training to the judicial officers and in this process has been able to conduct various training related exercises, under the able guidance and encouragement provided by the Hon'ble Judge In-charge and with the unflinching cooperation of Faculty Members and staff of the Institute. In this regard, Training Officers- Mr. Anurag Singh, Mrs. Archana Sharma and Ms. Sabiha Akhtar deserve appreciation for successful accomplishment of different training and other programmes organised and conducted by the Institute. We hope that we would be able to accomplish the future tasks successfully and to develop appreciable professional skills in the participants of different training programmes. The reading material which has been prepared by the faculty