Month: January 2021

Solitary Confinement: A Temporary Measure Causing Permanent Isolation?

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-By Aditi Behura Introduction Solitary confinement is a penal form of confinement in which a prisoner is isolated from fellow prisoners and is under rigorous surveillance. It has been established that such confinement is torturous, and has an adverse impact on the holistic well-being (physical and mental health) of the prisoner. Convicts are placed in … Continue reading Solitary Confinement: A Temporary Measure Causing Permanent Isolation?

Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

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-By Muskan Jhunjhunwala Introduction Sexual offences, in a general sense, are a rigorous attack on the body, particularly the molestation of genitals without the sufferer’s consent. It tends to outrage the dignity, self-respect and modesty of the victim and in its true sense is an attack on bodily integrity. Rape, in India, is considered a … Continue reading Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

A Case against Chemical Castration for Sex Offenders

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-By Rajashri Seal Introduction Recently, a post on the blog argued in favour of chemical castration laws by hailing chemical castration as an effective and constitutionally sound measure against curbing rape, especially when such procedure is carried out with the consent of the sex offender. In the recent past, there has been a clamour for … Continue reading A Case against Chemical Castration for Sex Offenders

‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

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-By Abhijeet Shrivastava Background This post concerns Bechu Kurian Thomas, J.’s recent judgment as a part of the Kerala High Court’s (“HC”) Single Bench in District Collector v. District Legal Service Authority (22.12.2020). The decision involved a temporal question over the scope of the provisions of Section 357A of the Code of Criminal Procedure, 1973 … Continue reading ‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

‘Miniscule Fraction of The Total Population’: Not Entitled to Legal Marriage and Protection from Abuse?

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-By Prachi Agrawal & Charu Sharma Introduction: Namesake Recognition In the years antecedent to 2018, same sex carnal intercourse, regardless of consent, was considered against the order of nature and was weighed at par with bestiality, i.e. sexual intercourse between humans and animals. Under Section 377 of the Indian Penal Code, 1860 [hereinafter ‘IPC’], it … Continue reading ‘Miniscule Fraction of The Total Population’: Not Entitled to Legal Marriage and Protection from Abuse?

Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings

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-By Abhinav Sekhri Munawar Faruqui might have been about to crack a joke, but he was arrested by Madhya Pradesh police before he could do that. A case was registered against him which invoked offences such as Section 295-A IPC that are cognizable and non-bailable (more on that later). One court has dismissed his bail as well … Continue reading Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings

Rethinking Mental Cruelty under Indian Matrimonial Law

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-By Mohd Rameez Raza & Neha Tripathi The Hindu Marriage Act, 1955 (‘Act’ hereafter) lays down marital laws that are applicable to Hindus, Jains, Buddhists, and Sikhs. Up until the 1970s, the ground for divorce under the Act did not include ‘cruelty’. The various grounds were: voluntary sexual intercourse with any other person than his … Continue reading Rethinking Mental Cruelty under Indian Matrimonial Law

Voluntary Intoxication Leading to Insanity – A Review

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-By Manas Agrawal If A= {1} and B = {4}, then AUB = {1, 4}. Furthermore, a code is designed whose function is to identify subsets of (AUB). There are four possible outputs that this code can return. They are {1}, {4}, {1, 4} and {ϕ}. In the same way, if A= {Voluntary Intoxication} and … Continue reading Voluntary Intoxication Leading to Insanity – A Review

Is Punishment for AI Justified?

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-By Amishi Aggarwal This is the second part of a two-part series. The earlier link can be accessed from here. Generally, punishment is justified on the grounds of deterrence, punishment, prevention, reformation etc. Some of the broad reasons behind the imposition of criminal punishment are: firstly, the consequentialist benefits that punishment brings about i.e. increasing the … Continue reading Is Punishment for AI Justified?

Analysing the Possibility of Imposing Criminal Liability on AI Systems

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-By Amishi Aggarwal (This article is part-I of a two-part series) Introduction The increasing role of Artificial Intelligence (AI) in human life and the advancements in its functioning have raised numerous questions. AI entities have attempted to escape labs, made racist comments, injured, and even killed people. Usually, crimes committed by an AI entity have … Continue reading Analysing the Possibility of Imposing Criminal Liability on AI Systems

The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

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-By Nishtha Gupta INTRODUCTION India has enacted several special laws to ensure speedy and efficient disposal of cases applying to a special category of offences. One of such special legislations is the Wildlife Protection Act, 1972 [“WLPA”]. It has been enacted for the protection of flora and fauna and for the overall ecological and environmental … Continue reading The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

‘Does Determinism obliterate Responsibility?’ A Critical Analysis

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-By Aarchie Chaturvedi Introduction “The actual consequences which happen to proceed from any action, have a very great effect upon our sentiments concerning its merit or demerit, and almost always either enhance or diminish our sense of both.”                                                                                                                              -Adam Smith A good will is an intrinsic good, i.e., good in itself. It is like … Continue reading ‘Does Determinism obliterate Responsibility?’ A Critical Analysis

An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

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-By Shuchi Agrawal Introduction The Indian Evidence Act of 1872 does not forbid the examination of illegally collected evidence by the Courts, if it is relevant or establishes guilt or innocence. However, Indian courts have had conflicting opinions on the admissibility and evidence value of illegally collected evidence. Two major doctrines related to this conflict … Continue reading An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)

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-By Abhinav Sekhri (This is the eighth part in a multi-part series on the Blog. Earlier posts in the series can be accessed here) The previous instalments in this series on Section 144 Cr.P.C. have attempted to trace a history that goes beyond the courtroom and looks at the provision more holistically by turning to the … Continue reading Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)