By Samarth Sansar “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”[1] A 9- judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India … Continue reading Privacy Judgement: Impact on Law of Searches
By Nipun Kalra INTRODUCTION The right to seek discharge is one of the most important rights of an accused in a criminal justice system. This gives an opportunity to the court to filter out the cases which are meritless. However, at this stage, the court is confronted with very limited material. In a large number … Continue reading The Accused Person’s Right to Rely on Exculpatory Material at the Stage of Framing of Charges
By Viti Bansal A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking framing of proper procedures, rules, and guidelines for the disposal of mercy petition in an effective and time-bound manner. According to the petitioner, the rights of both the convicts as well as that of the victims under Article 14 … Continue reading Mercy Petitions: The Need for Regulation
By Tanya Hasija Is society more to blame for crimes than the individuals who commit them? Crime makes up an unfortunate part of our society. While not all of us are prone to committing crimes, a number of us find ourselves grappling with the question: what is right and what is not? The understanding of … Continue reading Criminals and Their Society: A Peek Into the Abode of a Criminal Mind
By Deeksha The seizure of vehicles by police officers has been a matter of great legal concern in recent years. The police stations around the country are now being converted into dumping yards for seized vehicles with these confiscated vehicles gathering dust over a number of years.[i] Section 102 of Code of Criminal Procedure, 1898 … Continue reading Seizure of Motor Vehicles and Violation of Human Rights
By Neha Meena Introduction The object of the Prevention of Corruption Act, 1988 is to make the laws stronger and more effective so as to prevent corruption and the matters connected with it. It is necessary to have clarity on the concept of demand of undue advantage by public servants because in most cases the … Continue reading Demand: Pre-Requisite for an Offence under the Prevention of Corruption Act
By Mayur Kulkarni Introduction A three-judge bench of the Supreme Court handed down its judgment in the case that challenged the five-month-long internet shut-down and an Emergency-like imposition of Section 144 Cr.P.C, in Jammu and Kashmir post the de-operationalization of Article 370. The Court inter alia held that freedom to practice any profession or carry … Continue reading Imposition of Restrictions under Section 144 Cr.P.C. and the Test of Proportionality
By Sagrika Rajora ‘Oh’ for Obscenity Every day we live by impressions of reality that have been constructed around us. These notions develop a congenital identity that brands us as members of society. The common sense that is inherent to societal functioning ensures a certain normative behavior. Law is an institution that promotes this common … Continue reading Criminal Law and Obscenity – A Legislative Analysis
By Raj Krishna and Alivya Sahay Introduction “Gender identity refers to each person's deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body which may involve a freely chosen, modification of bodily appearance or functions by medical, surgical … Continue reading Nathanson v. Mteliso & Ors.: Zimbabwe High Court Affirms Human Rights of Transgenders
By Abhinav Sekhri [The Proof of Guitlt] has consistently argued that changes to the laws that form the bedrock of India's criminal justice architecture — The Indian Penal Code of 1860, Indian Criminal Procedure Code of 1973, and the Indian Evidence Act of 1872 — are necessary. No legal system is, or can be, foolproof; … Continue reading Criminal Procedure Reform: The Dangers of Overvaluing the Ends and Forgetting the Means
By Nityesh Dadhich Introduction ‘Having passed 10 years of my total life in prison dungeons and condemned cells….. I know the tortures which detention without trial means and I can never reconcile with it’ said Shibban Lal Saxena in Constituent Assembly while the assembly was discussing Article 22 of the Indian Constitution. Article 22 of … Continue reading Decoding the Judicial Interventions in National Security Act, 1980
By Raj Krishna and Vivek Kumar Introduction "We declare that human rights are for all of us, all the time: whoever we are and wherever we are from; no matter our class, our opinions, our sexual orientation.” - Former UN Secretary-General Ban Ki-moon On 6th of May 2019, amidst international criticism, the Government of Brunei … Continue reading Is it Time for Brunei to Amend its Penal Code?
