-By Tanish Arora and Hardik Batra (This article is the second part of a two-part series.) The Need for Reforms and Suggestions As observed in the previous part, the subjectivity and non-uniformity in the procedure to increase the scope of rehabilitation and reformation throughout the country leads to significant confusion and differentiation. It is owing … Continue reading Parole in India – Current state and the Need for Reforms- II
-By Tanish Arora and Hardik Batra (This article is the first part of a two-part series) Introduction Crime is a matter of public importance in the society. The way a society responds to crime is what shapes its future. If such way of responding is harsh or arbitrary in its impact, it works a gross … Continue reading Parole in India – Current state and the Need for Reforms- I
-By Jai Babaria While India is deemed to be a secular country, religion has always divided us. There is a constant tussle between various religious groups, be it explicit or dormant and ‘outrage’ is a fairly common term nowadays where everything has the potential to offend, shock or disturb religious sentiments. Section 295-A of the … Continue reading Misuse of section 295-A IPC: A Potent weapon in Criminalising Comedy and Cinema
-By Kumar Kartikeya and Avinash Kumar Yadav Preventive detention implies holding an individual in custody of the police based only on suspicion that they may commit some wrongful cognizable act or pose harm towards society. The police have all the power to detain a person whom they strongly believe can commit a cognizable offence. For … Continue reading Preventive Detention: Anarchical Law
-By Dev Bansal Introduction Recently, in Prashant Dagajirao Patil v. Vaibhav @ Sonu Pawar and Anr. Etc. (“Patil”), Hon’ble Supreme Court (“SC”) has observed that the High Court ("HC") cannot issue any such directions at the stage of bail which will have "a direct bearing upon the trial." Subsequently, it quashed the direction of the … Continue reading Redefining the scope of Exculpatory Material at the Stage of Bail
-By Abhijeet Shrivastava Introduction As is well known, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (“Atrocities Act”) was enacted by the Indian Parliament in 1989 as an anti-discrimination law. This legislation focused on countering negative discrimination against persons from the aforesaid categories. It crafted offences which had a nexus with their … Continue reading POCSO Or Atrocities Courts: Which Jurisdiction Is More ‘Special’?
-By Mujeeb Ur Rehman “A person is innocent until proven guilty” This is one of the most sacred principles of the criminal justice system, regardless of jurisdiction of which it belongs to; and in order to prove any person guilty, evidence against him/her is a mandatory requirement. Here the criminal justice system fails to believe … Continue reading Preservation of Evidence: Need of our Criminal Justice System
-By Sarthak Bhardwaj and Rupam Jha Introduction: In India, every sensitive socio-political development finds its way to the judiciary. The Supreme Court and the various high courts are constantly grappling with several matters of public importance. However, seldom do judgements assume the centre stage and become a subject of controversy. This is precisely what happened … Continue reading Sexual Assault under the POCSO Act: A Flawed Interpretative Methodology
