By Shantanu Parmar “The law is a cudgel when necessary and a balm where appropriate” - Stewart Stafford Introduction The legal system of any state warrants evolution as newer concepts are formulated to ensure the swift implementation of justice. This attains paramount importance as the inevitable development of society increases recourse to the courts, which … Continue reading Plea Bargaining: The Panacea for Indian Criminal Justice System

By Nitesh Mishra “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” – Charles-Louis de Secondat, ‘The Spirit of the Laws’ Introduction Recently, the Gujarat Police has arrested some students found playing Player Unknown’s Battleground, popularly known as ‘PUBG’ in Rajkot. It … Continue reading Arrested for Playing PUBG!

By Sanyukta Biswas As is the case with most jurisdictions around the globe, victims of crime were lost in judicial oblivion for a really long time in India as well. The framers of the Constitution dedicated two long well drafted articles for the well-being of the accused, namely, Article 20 and 22, whereas their victims … Continue reading An Appeal for Victim Impact Assessment

By Varsha Gulaya Note: This work has been divided into two parts. The first part discussed the initial response of Indian courts to the applicability of plea bargaining, till the time it was finally given acceptance. The second part discusses various Law Commission reports in this regard along with the incorporation of this concept into … Continue reading Tracing the Development of Plea Bargaining in India [Part II]

By Varsha Gulaya   Note: This work is divided into two parts. The first part discusses the initial response of Indian courts to the applicability of plea bargaining, till the time it was finally given acceptance. The second part will go on to discuss various Law Commission reports in this regard along with the incorporation … Continue reading Tracing the Development of Plea Bargaining in India [Part I]

By Riya Sharma In criminal law cases, convictions in India take place on the basis of whether the prosecution is able to establish the facts beyond reasonable doubt. The aim of the prosecution is to reconstruct facts of a past event through direct, indirect and corroborating evidences. Eyewitness testimonies are an account of the events … Continue reading The Eyewitness Enigma: A Paradox in the Law of Evidence