Month: December 2020

Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure

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-By Tanmay Gupta and Yashasvi Raj Introduction  As per Section 167 of the Code of Criminal Procedure (“Code”), an accused can be remanded for a maximum period of fifteen days at a time, up to ninety days. Conventionally, since the first day is included in the 24-hour production before the Magistrate, in practice, the maximum … Continue reading Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure

Chemical Castration of Sexual Offenders in India – A Need for Reformation in Indian Anti-rape Laws

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- By Anand Singh Introduction - On November 24th, 2020, Pakistan’s cabinet approved two anti-rape ordinances that call for chemical castration of the rapists and setting up special courts for trails. The two ordinances are the Anti-Rape (Investigation and Trail) Ordinance, 2020 and the Criminal Law (Amendment) Ordinance, 2020. The legislation comes after an incident … Continue reading Chemical Castration of Sexual Offenders in India – A Need for Reformation in Indian Anti-rape Laws

Quackery and the Urgency to Curb It

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-By Sohini Bose Quackery is a socio-economic problem which is turned a blind eye towards for reasons unascertained. With the Government neither having taken any active interest nor steps to curtail it with the additional lacuna of dedicated penal provisions or legislation against it, this article proceeds to enumerate as to why and how quackery … Continue reading Quackery and the Urgency to Curb It

Rajesh Sharma And Ors. v. State of UP – Wrongly Feeds into the Narrative of 498A being Misused?

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-By Khushi Agrawal INTRODUCTION With the incidents of domestic violence increasing by manifolds during COVID-19 times, it becomes pertinent to throw light on a 2017-judgement which reduced the importance of section 498-A IPC to a major extent. Section 498-A provides that if any person being the husband or the relative of the husband of a … Continue reading Rajesh Sharma And Ors. v. State of UP – Wrongly Feeds into the Narrative of 498A being Misused?

Some Thoughts after Diving into Prisons Data and Emerging on the Other Side

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-By Abhinav Sekhri The National Crime Records Bureau [NCRB] runs the annual Crime in India reports as well as the Prison Statistics India reports. Both get their yearly moment in the sun when, around their publication, news stories with attractive pie charts get published with infographics to show that an unearthly number of cases are pending … Continue reading Some Thoughts after Diving into Prisons Data and Emerging on the Other Side

‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

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-By Esha Goyal Section 32(1) of the Indian Evidence Act, 1872 allows for a dying declaration in the form of a statement regarding the cause of the declarant’s death to be made a relevant fact. The criminal rules of practice of each State in India require the declarant to be in a ‘fit state of … Continue reading ‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

End of Justice? The Supreme Court’s Order in Hitesh Verma v State of Uttarakhand

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by Prannv Dhawan & Ishwar Singh The Supreme Court’s recent judgment in Hitesh Verma v. State of Uttarakhand [decided on 05.11.2020] reversed an order of the Uttarakhand High Court and quashed the case with respect to allegations under SC/ST (Prevention of Atrocities) Act 1989 (‘the Act’). The Court held that insulting or intimidating a person belonging … Continue reading End of Justice? The Supreme Court’s Order in Hitesh Verma v State of Uttarakhand

Juxtaposition of IP and Criminal Law

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-By Namrata Pahwa Introduction When the products of any brand are authentic and original, it receives a considerable amount of recognition in the minds of its prospective buyer. It is important to preserve the market integrity of any product sold by such brands and that protection is granted by the product-related intellectual property rights, i.e. … Continue reading Juxtaposition of IP and Criminal Law