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The right to silence and the presumption of innocence are fundamental to fair criminal proceedings. Section 313 of the Code of Criminal Procedure, 1973 (CrPC) permits courts in India to question the accused, allowing them to explain incriminating evidence. However, judicial interpretations of this provision have raised concerns about undermining these essential rights. This paper critically examines the evolving interpretations of Section 313 of the CrPC and their implications for the right to silence and the presumption of innocence. It argues that current judicial practices have turned the right to remain silent into a duty to provide explanations, contradicting natural justice principles. This study addresses three key questions: (1) How has the interpretation of Section 313 of the CrPC evolved in Indian jurisprudence, and what impact does this have on the accused’s right to remain silent? (2) In what ways does the current application of Section 313 of the CrPC conflict with Article 20(3) of the Constitution, which protects against self-incrimination? (3) What are the potential consequences of misapplying Section 313 on the presumption of innocence, and how can these issues be remedied through judicial or legislative reforms? The paper concludes with recommendations to preserve the integrity of the criminal justice system and ensure robust protection of the right to silence and the presumption of innocence.
Through the analysis of English in the linguistic landscape (LL) of Tokyo, this article demonstrates the diverse functions of English on signage and argues that the use of English in different areas of Tokyo mirrors the distinct socioeconomic characteristics of each area, aiming to highlight how English contributes to shaping the multifaceted Tokyo's cityscape. This study specifically contrasts the three areas: Asakusa and Tsukiji, Shibuya, and Roppongi and Azabu. The data consists of photographed signs, supplemented with fieldnotes, obtained from fieldwork in 2023. Considering all the aspects of the observed signs, the diverse English use on signage can be viewed as a manifestation of its proliferation and localisation as a global language, adapting to a diverse audience, including Japanese locals, visitors from overseas, and local foreign residents. As a result of such manifestation, along with the varied functions and interplay with social contexts, the aggregate of English signs of each area collectively crafts the complexity of Tokyo's mosaic cityscape.
The exclusion of the elderly and people with disabilities from cancer clinical research without appropriate justification is discriminatory and is at odds with the ethos of EU principles, laws and research regulations. It further limits study generalizability. Several primary EU laws fronted by the European Charter prohibit engaging in disparate impact discrimination on the grounds of age and disability in all of EU tasks.
This paper studies optimal defined-contribution (DC) pension management under stochastic interest rates and expected inflation. In addition to financial risk, we consider the risk of pre-retirement death and introduce life insurance to the pension account as an option to manage this risk. We formulate this pension management problem as a random horizon utility maximization problem and derive its explicit solution under the assumption of constant relative risk aversion utility. We calibrate our model to the U.S. data and demonstrate that the pension member’s demand for life insurance has a hump-shaped pattern with age and a U-shaped pattern with the real interest rate and expected inflation. The optimal pension account balance in our model resembles a variable annuity, wherein the death benefits are endogenously determined and depend on various factors including age, mortality, account balance, future contributions, preferences, and market conditions. Our study suggests that offering variable annuities with more flexible death benefits within the DC account could better cater to the bequest demands of its members.
This paper is a case study that reflects on the intricate process of crafting a specialised private training pool, located in Highgate, London. The client is KP, a woman in her 50s who developed Multiple Sclerosis (MS) more than a decade ago. In her everyday life, KP uses a wheelchair and relies on continuous support. She can navigate semi-independently without the wheelchair by using her arms and upper body to push and pull herself through space with sufficient support such as from (door) frames, furniture, handlebars, etc. She has one side that is more dependent with one foot less responsive. When overcoming thresholds, for example, she therefore often requires additional help lifting. Generally, independent movement through space is slow, and her navigation and speed are inherently determined by the availability of surrounding support. This paper explores the multifaceted journey of delivering a training pool that embraces a holistic approach and encompasses the physical, psychological, and aesthetic dimensions of the client’s needs. To reflect on these important issues, it draws on an interview between the client and author, who is also the architect.
Chi jiu zhi ji Tang zhi wu (赤鳩之集湯之屋, “[When] Red Doves Gathered on Tang’s house”) is an excavated Chu manuscript that belongs to the Tsinghua University bamboo slips collection. The manuscript concerns several important early Chinese figures such as Tang and Yi Yin, while also featuring rich supernatural elements. Many studies have focused on “shamanism elements” depicted in the tale or defined the genre of the text as xiaoshuo. This article offers a reexamination of Chi jiu and the above assumptions by contextualizing the text within its original three-text manuscript. The article reveals how early compilers constructed a chronological sequence to frame an overarching narrative in a heterogeneous compilation, and further generates a unique narrative regarding the extraordinary status of Yi Yin the founding minister. In its conclusion, the paper draws attention to potential alternative narratives about the minister-ruler relationship in early China, and also places Chi jiu in the context of early compilation practices. Additionally, it considers possible parallels between the Chi jiu story and two of the Grimms’ Tales, viewing Chi jiu within folklore studies.