Month: August 2020

The ‘othering’ of death row prisoners and their victims: two sides of the same coin

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By Ashna D. Introduction Most societies perceive the rights of accused persons as diametrically opposite to the rights of their victims, and our society is no different. In January 2020, the central government urged the Supreme Court to issue ‘victim-centric’ guidelines in death penalty cases, suggesting that the present framework adopts an overly ‘accused-centric’ approach. … Continue reading The ‘othering’ of death row prisoners and their victims: two sides of the same coin

Deaths due to potholes: Need to invoke Criminal Liability

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By Aneesha Sondhi The high number of accidents and deaths that take place due to potholes is appalling. There exists a lot of red-tapism and the authorities often absolve themselves from taking responsibility in such incidents. Municipal Corporation of Delhi (“MCD”) blames the Delhi Development Authority (“DDA”), DDA blames some other unknown vehicle and so … Continue reading Deaths due to potholes: Need to invoke Criminal Liability

Different stages of criminal trials that are impacted by covid’19

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By Aaj Sikri "COVID-19 descended without a warning. We limited the number of lawyers, sanitised the courtrooms et al. However, access to justice cannot be suspended even if there is a lockdown"-Justice D.Y. Chandrachud            INTRODUCTION: COVID'19 being the most unprecedented situations of all time, has impacted not only country’s economy but the legal functioning … Continue reading Different stages of criminal trials that are impacted by covid’19

Inflammatory Speeches during Delhi riots: why even ‘Lalita Kumari’ can’t make High Courts direct the registration of FIRs

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By Krishnagopal Abhay , In late February, a PIL was filed in the Delhi High Court by Mr. Harsh Mander, seeking registration of FIRs against several political leaders for alleged inflammatory speeches, which as per him instigated the riots in North-East Delhi. In the affidavit submitted by Delhi Police, inter-alia, the maintainability of the PIL … Continue reading Inflammatory Speeches during Delhi riots: why even ‘Lalita Kumari’ can’t make High Courts direct the registration of FIRs

The Tofan Singh Reference — Part 4: Summing Up

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By Abhinav Sekhri (This is the fourth part of a multi-part series. Previous posts discussing Tofan Singh can be accessed here) The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") … Continue reading The Tofan Singh Reference — Part 4: Summing Up

Need for Mitigation Investigation in Death Penalty Cases in India: A Step to Ensure Individualized Sentencing

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By Merrin Muhammed Ashraf Capital sentencing practice in India is in a broken state and in the words of the Law Commission, death penalty is being imposed ‘arbitrarily and freakishly’ by the courts. Since our penal laws do not provide for mandatory death penalty for any offence, the sentencing court has the onerous task of … Continue reading Need for Mitigation Investigation in Death Penalty Cases in India: A Step to Ensure Individualized Sentencing

The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act

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By Abhinav Sekhri The previous two posts in this series have discussed the facts in Tofan Singh, the relevant statutory provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 [NDPS] and the Criminal Procedure Code 1973 [Cr.P.C.], and also the first proper issue posed in the reference: Whether officers of the central and / … Continue reading The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act

The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

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By Abhinav Sekhri, Shashwat Bhutani and Rishabh Narain Singh This blog has introduced the scope of the reference in Tofan Singh and the statutory context of the NDPS Act. Which means that we can straightaway jump in to discuss the first question: Whether an officer who investigates a case under the NDPS Act is a "police officer", … Continue reading The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

The seesaw exercise of Immunity obligations under International (Criminal) law outside the ‘Security Council route’

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By Vedantha Sai and Winy Daigavane Introduction The International Criminal Court can exercise jurisdiction over Heads of States (“HoS”) not party to the Rome Statute provided the alleged offences are committed in the territory of State Party. However, the problem arises in the enforcement of such jurisdiction as it involves State-to-State interactions in the process … Continue reading The seesaw exercise of Immunity obligations under International (Criminal) law outside the ‘Security Council route’

Aghnoo Nagesia v State of Bihar: analysing section 25 of the Indian Evidence Act, 1872

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By Somyajit Mohanty Introduction “There is a great deal of laziness in it. It is far pleasanter to sit comfortably in the shade rubbing red pepper into a poor devil’s eyes than to go about in the sun hunting up evidence.”[1] A three-judge bench of the Supreme Court of India, in the case of Aghnoo … Continue reading Aghnoo Nagesia v State of Bihar: analysing section 25 of the Indian Evidence Act, 1872

Bulbbul: Myth Of A Witch

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By Gaurangi Sharma and Nitya Saxena “Why do I have to wear toe rings?” a 5-year old Bulbbul asks her aunt. “There is a nerve there which if not pressed, girls fly away”, she answers. “Like a bird?” Bulbbul asks in amaze. “No, it’s to control you,” her aunt swiftly replies. Bulbbul, a minor gets … Continue reading Bulbbul: Myth Of A Witch

The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act

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By Abhinav Sekhri In this first substantive post, the focus is on getting the facts straight. The legal issues that are bound to be raised turn on some very specific facts, and so it is critical to be sure of just what had happened in Tofan Singh. After having set out the facts, the post … Continue reading The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act

National Security Law 2020: a tool for curbing dissent and massacring Hongkong’s autonomy

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By Shubhankar Tiwari and Snehil Tiwari Introduction On June 30, 2020 the Chinese Parliament unanimously passed the national security law titled - ‘The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR)’. The new law was passed just an hour before the Hong Kong Day … Continue reading National Security Law 2020: a tool for curbing dissent and massacring Hongkong’s autonomy

Sushant Singh Rajput matter: Continuing dilemmas in Investigation

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By Harpreet Singh Gupta and Sahil Raveen Late Sushant Singh Rajput, an actor with pan India following, was found hanging on June 14 at his Bandra residence. The unnatural death is raising a number of questions in relation to the power of police to investigate a cognizable offence. After Sushant’s death, Bandra police filed the … Continue reading Sushant Singh Rajput matter: Continuing dilemmas in Investigation

Palghar, Alwar and Beyond: The Anatomy of Lynching Necessitating a Legal Framework

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By Mahima Balaji On the night of 16th of April 2020, three men were attacked in the district of Palghar in Maharashtra, India. The men were dragged out of their vehicle and were subjected to brutal violence due to suspicion of them being thieves. The mob that attacked them is estimated to be over 100 … Continue reading Palghar, Alwar and Beyond: The Anatomy of Lynching Necessitating a Legal Framework

Section 144 Cr.P.C. — Part VII: Same Old, Same Old? (1950 to 1960)

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By Abhinav Sekhri (This post is the seventh part in a multi-post series. For previous posts, see here) A long time ago, this multi-part series studying the long historical arc of Section 144 Cr.P.C. had reached the decade leading up to India's independence and the coming into force of the Constitution of 1950. This post … Continue reading Section 144 Cr.P.C. — Part VII: Same Old, Same Old? (1950 to 1960)