By Anuj Shukla and Govind Gehlot INTRODUCTION A high voltage political drama unfolded in the state when the CM Ashok Gehlot of congress-led Rajasthan government accused BJP of toppling their MLA’s with bribe, while Deputy Chief Minister Sachin Pilot along with 30 supporters alleged the Government to be in minority. Government pressed the charges against … Continue reading Sanctions to prosecute MPs and MLAs : An analysis
By Aparna Singh The above question posed by the late Justice V R Krishna Iyer in the year 1980, unfortunately, still remains unanswered. The recent incident of the egregious killings of Jayaraj and his son Bennix inside a police station in Thoothukudi, Tamil Nadu, has once again led to a public clamour against the excesses … Continue reading Who Will Police the Police?
By Ayushi Mishra & Gunjan Mehta Introduction The past decade has seen an unprecedented growth of information technology, computational power, and cellular network. This growth has to be contextualized and seen from the spectrum of an increased collection in the generation and dissemination of data, to the extent that experts have termed data as … Continue reading A deal violating Privacy Rights in the COVID veil
By Abhinav Gupta Introduction Bail can be defined as a security such as personal bond or surety, required by the courts for the release of a person accused of committing a crime from custody. The accused, however, must appear before the court for future hearings.Bail is provided as a matter of right and is only … Continue reading Critical appraisal of Bail law under §43d(5) of the Unlawful Activities (Prevention) Act, 1967
By Arush Mittal Introduction Sudan has recently seen a landmark development concerning the rights of women, as the Sudanese government has recently ratified and criminalized the draconian practice of Female Genital Mutilation (‘FGM’). In the past, the transitional government had been working to curb this widespread practice and in turn, approved the draft legislation after … Continue reading Criminalization of the practice of FGM in Sudan: A Ray of Hope
By Riya Karkera What is one’s biggest fear when sending a sexually explicit image of oneself to another? Is it that in the wrong hands, these images could be sent out widely, and could be used to harass, humiliate and extort oneself? Well, what if one was told that this is not the worst outcome … Continue reading Our laws for Sexting: Round pegs in a square hole?
By Abhinav Sekhri Introduction The Indian law school experience revolves around the idea of submitting "projects" or "assignments". At the start of the 5-year marathon, many of us used to be petrified about the idea of failing to submit the assignment beyond the "Last Last Day" — the last permissible date for handing in the … Continue reading Criminal Law Reform — Many Misgivings, and the Long, Uncertain, Road Ahead
By Keshab Roy Choudhury Introduction In the first part of this two part piece, we saw that the Court’s use of its inherent powers under S.482 of the CrPC in allowing the settlement of non-compoundable offences frustrated the statutory scheme of the CrPC and the policy considerations of the Legislature. In this part, I shall … Continue reading Running Roughshod Over Legislative Concerns and Entrenching the Public- Private Dichotomy- Scrutinizing the Inherent Powers of the High Court Under S.482 of the CrPC – Part II
By Keshab Roy Choudhury Introduction The Supreme Court of India (‘SC’), in some legal and academic circles, is regarded as ‘the world’s most powerful Supreme Court'. However, it can easily be argued that the High Courts (HC’s) have equal, if not more, power vis-à-vis the SC. First, the jurisdiction of the HC under A.226 of … Continue reading Running Roughshod Over Legislative Concerns and Entrenching the Public- Private Dichotomy- Scrutinizing the Inherent Powers of the High Court Under S.482 of the CrPC – Part I
By Sahibnoor Singh Sidhu Introduction The Delhi High Court via an order in the case of BablooChauhan v. NCT of Delhi(247 (2018) DLT 31) had requested the Law Commission of India (“LCI”) to examine the issue of relief and rehabilitation of victim of wrongful prosecution and incarceration. The High Court was of the strong opinion … Continue reading Neither bail nor a remedy to avail- the ignorance of the government towards the 277th report of the Law Commission of India
By Akshita Tiwary Introduction Incest is defined as the sexual relationship between close blood relatives who are forbidden by law to marry. While many developed nations around the world have criminalised incest, the Indian Penal Code contains no specific provision against this crime. This article aims to analyse why it is imperative to have a … Continue reading The Need to Criminalize Juvenile Incest in India
By Abhinav Sekhri A Three Justices' Bench of the Supreme Court delivered a much-awaited decision in Arjun Panditrao Khotkar v. Kailash Kushanrao & Ors. [Civil Appeal Nos. 20825-26 of 2017, decided on 14.07.2020 ("Arjun Panditrao")]. The issue referred to the Three Justices was an apparent conflict that had emerged in the position of law on the … Continue reading The Supreme Court, 65-B Certificates, and Electronic Evidence
By Vibhore Yadav Introduction Modern money laundering essentially relies on legitimate businesses characterised by a large cash-flow and complex, anonymous transactions that are difficult to trace in order to convert proceeds from illegal activities into ‘clean’ money which can be used for legitimate purposes. Historically, businesses such as retail outlets, restaurants, rental companies, casinos etc. … Continue reading Online Gambling and the Regulation of Money Laundering
By Paras Marya (This is in response to the previous post regarding retaining S.309 of the IPC and its validity presently in India (found here). In the post, it was argued that S.309, IPC serves another purpose and therefore, shall not be completely scrapped from the IPC. The following post provides a different perspective on … Continue reading Why Penalisation of Attempt to Commit Suicide is Not the Solution: A Response
By Abhinav Sekhri On July 10, the Delhi High Court delivered its judgment and final order in a petition filed by Sharjeel Imam [Crl. M.C. 1475/2020] challenging the order passed under Section 43-D(2) of the UAPA, by which the police have been granted additional time to complete the investigation in a case filed against him. The extension … Continue reading Snippet: The Delhi High Court Order In Sharjeel Imam’s Case
By Aditya Saraswat Introduction The number of women prisoners is constantly rising in India; however, the male-centric prison system in the country is denying some crucial rights to them which are extremely necessary for their reformation. One such right is the access to Open Jails. There is apparent discrimination in the selection procedure of inmates … Continue reading Open Jails for Women: The Disguised Discrimination
By Gahna Rajani and Himanshu Bhargava Introduction J Jayaraj and Bennix Immanuel were subjected to brutal torture in police custody and later succumbed to death. This was not the first incident. The prisoners in India have been subjected to torture and violence for a long time. The apex court has issued several guidelines in the … Continue reading Police in India: Protectors against Injustice or Perpetrators of Injustice?
By Akshay Shekhawat & Bhaskar Agarwal Introduction The tragic death of a young actor has once again sparked the debate around mental health and suicide. India, apart from being the country with the highest number of suicides, is also witnessing an upward trend in suicide cases with 230, 316 deaths alone were recorded in the … Continue reading Why Penalization of Attempt to Commit Suicide is Still a Valid Law?
