Legally Sane

Determining damages for families of plane crash victims in India involves navigating both international and domestic legal frameworks, particularly under strict liability principles. Below is a comprehensive guide to assessing damages, considering the Montreal Convention (for international flights), Indian domestic laws, and strict liability standards. 1  International Legal Framework: Montreal Convention, 1999 India is a signatory to the Montreal Convention, 1999, which governs compensation for death or injury on international flights. The convention establishes a strict liability regime for airlines, meaning the airline is liable without the need to prove negligence, up to a certain limit. Key provisions include: Liability for Death or Injury (Article 17): Airlines are strictly liable for damages sustained due to death or bodily injury if the accident occurred on board the aircraft or during embarking/disembarking. Compensation is capped at 128,821 Special Drawing Rights (SDR...

The judgment of the Supreme Court of India in Raju @ Umakant v. The State of Madhya Pradesh (2025 INSC 615) is a significant pronouncement in the realm of criminal law, particularly concerning offences under the Indian Penal Code, 1860 (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The case addresses critical issues related to abduction, gang rape, wrongful confinement, and the applicability of caste-based atrocity provisions. Below is a detailed analysis of the judgment, focusing on the legal principles laid down, the reasoning provided, and the broader implications, while preserving the sanctity of its legal language. 1. Overview of the Case The appeal arose from a challenge to the judgment of the High Court of Madhya Pradesh, which had confirmed the conviction and sentence imposed by the Special Judge (SC/ST Act) in Katni. The appellant, Raju @ Umakant, was convicted under Sections 366 (kidnapping or abducting to compel marriag...