By Raj Krishna INTRODUCTION On 24th May, Kenya’s High Court in the case of EG v. Attorney General upheld the colonial law which criminalized homosexual acts between two consenting adults. The three judge bench of the Kenyan High Court unanimously held that there was no substantial proof of evidence which proved that the members of … Continue reading EG v Attorney General: A Critique of the Kenyan High Court’s Homosexuality Judgment

By Nishtha Gupta  A controversial decision by the Kerala High Court stated that a rape case can be quashed on subsequent marriage of the victim to the accused. The decision was given by Justice Alexander Thomas after the rapist married the victim during the trial. THE CASE In the case, the accused committed rape on the … Continue reading Marriage of Rape Victim to the Accused leads to Court Quashing Charges: A Legal Fiasco

By Vivek Punia Section 34 of the Indian Penal Code, 1860 (IPC) states that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. When several accused … Continue reading Conspiring with Yourself: Can a Single Person be Convicted with the Help of Section 34 of the IPC?

By Vani Kaushik S.161 of the Code of Criminal Procedure (“CrPC”) lays down the rule of examination of witness by the police. It states (relevant portion): “a police officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case”.[1] S.161(2) provides that persons being examined are required to … Continue reading The Necessity of Mandatory Audio-Video Recording under S.161 of CrPC

By Mr. Abhinav Sekhri Prashant Kanojia was arrested for posting a tweet about a political personage. He did not abuse, use names, or anything of that sort. He posted a link to another story that was carried in the news about the claims of another person, about having an affair with the said personage. People were not up in … Continue reading Kanojia Gets Bail: A Strange Kind of Justice

By Mr. Abhinav Sekhri The law on bail in India has often been discussed on [The Proof of Guilt]. Most recently, we analysed the Indian Supreme Court's decision in Zahoor Watali, which revolved around Section 43-D of the Unlawful Activities Prevention Act 1967 [UAPA]; the provision which imposes conditions upon grant of bail in UAPA cases that go beyond … Continue reading Restrictive Bail Conditions in Indian Criminal Procedure: Lessons From History

By Ankur Jhunjhunwala   The Disclosure Regime Post the 1990’s, the disclosure regime has been described as the ‘battleground of the justice system.[1]It is fundamental to the aspect of a fair trial and prevention of wrongful convictions, and non-disclosure has historically often lead to miscarriages of justice.[2] There was a large amount of academic commentary … Continue reading The Criminal Justice System of England & Wales: A Critical Analysis of the Requirements of Disclosure & Burden of Proof

By Vishwa Patel Introduction Recently, the Bombay High Court, while dismissing the appeal from the convicts of Shakti Mill gang-rape case, ruled on the constitutional validity of the Section 376-E of the Indian Penal Code (hereinafter referred to as IPC) in Mohd. Salim Mohd. Kudus Ansari v. State of Maharashtra & Anr. The said provision … Continue reading Constitutional Validity of Section 376-E of the Indian Penal Code

By Sahil Malhotra Abstract Male and female offenders are not treated equally in India. Judges often go beyond the law and apply social and cultural biases in determining whether a female suspect is liable, and in sentencing her if convicted. This article discusses various such biases and the consequences of their application in the judicial … Continue reading Analysis of Female Offending in India