-By Bhavya Sharma Introduction Cases of rape in India are reported in the newspapers almost every other day. A careful reading of these reports through a criminological perspective, keeping in mind the theories of crime causation, would help in not only identifying the circumstances that led to the commission of the offence but also in … Continue reading A Criminological Perspective on Sexual Crimes in India
-By Harshita Dixit Introduction Recently a Supreme Court bench headed by Chief Justice of India S.S. Bobde asked a rape accused to marry her victim. The accused, who is a state government employee, is facing charges for repeatedly raping his relative- when she was a minor. The apex court was hearing a petition against an … Continue reading Marry your rapist: An unending saga of compromise in Rape Cases
-By Atreya Chakraborty and Aurin Chakraborty Introduction The Latin maxim of Ubi Jus Ibi Remedium embodies a settled principle of common law which essentially means that ‘where there is a right, there is a remedy’. It envisages the establishment of an equitable legal mechanism wherein, every grievance must have a remedy in law. A wider … Continue reading Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity
-By Abhinav Sekhri 2020 (and January 2021) witnessed a series of high-profile cases where the potential accused persons were sought to be prosecuted across the country for their conduct. Arnab Goswami, Amish Devgn, the makers of Tandav; in all these cases, specific speech acts of the accused persons attracted the ire of people across states … Continue reading Crafting Accessible Remedies to deal with Multiple FIRs and Complaints
-By Abhinav Sekhri 2020 (and January 2021) witnessed a series of high-profile cases where the potential accused persons were sought to be prosecuted across the country for their conduct. Arnab Goswami, Amish Devgn, the makers of Tandav; in all these cases, specific speech acts of the accused persons attracted the ire of people across states … Continue reading Crafting Accessible Remedies to deal with Multiple FIRs and Complaints
-By Vaibhav Yadav Introduction Elections form a vital part of a democracy. Every person who is eligible to vote in a democratic country has the right to freely choose whom he/she wants to vote for. However, this right to vote freely can be affected by a number of factors and considerations. It can be influenced … Continue reading Legality of Hindutva Politics under Section 171C IPC: Scope of the Section and Hindutva’s Varied Interpretations
-By Shantanu Mishra Right against self-incrimination has its origins in the English common law and cannon law. It is an important right amongst a few rights which are available to the accused. The fact that it has been envisaged as a fundamental right in the Indian Constitution shows the importance that should be accorded to … Continue reading Right against Self-Incrimination: A Deontological Pitch
-By Tanisha Prashant Introduction The justice system does not provide any succor to the victims of crime. The concept of fair trial and justice embodies in itself a triangulation of rights and interests of the accused, the victim and the society. Under an adversarial system, the rights of the community and the accused are exhaustively … Continue reading Victim Assistance in India: Broadening the Scope of Victim Reparations in the Criminal Justice System
-By Sanvi Bhatia and Sukrut Khandekar Of late, a concerning trend in relation to rape laws in India can be observed. Even though India recorded around 88 rape cases a day in 2019, every once in a while there has been one particular case like the Delhi gang rape case of 2012 or the Hyderabad … Continue reading Analysing the Shakti Bill through Beccaria’s Lens of Deterrence
