-By Devansh Pandit INTRODUCTION: Complete or partial immunity from lawsuits accorded to the members of judiciary or those exercising powers on behalf of the state, is not a novel concept. For example, no civil or criminal cases lie against the British Crown, or those exercising powers on their behalf; The United States itself accords prosecutorial … Continue reading WHAT IS THE EXTENT OF PROSECUTORIAL IMMUNITY ACCORDED TO JUDGES & PUBLIC SERVANTS? ANALYSIS OF SECTION 197, CrPC.

By: Kapil Devnani and Ashutosh Kumar Introduction                      “I would like to be remembered as a person who wanted to be free and wanted other people to be also free.” This famous quote by Rosa Parks presents the true value of the Right to liberty, and it would not be wrong to say that the framers … Continue reading SIDDHARTH V. STATE OF U.P. – Doing away with unnecessary custody

By: Abhinav Sekhri It is fairly well known that under the Criminal Procedure Code 1973 [Cr.P.C.], the investigating agency files a Report before court upon completing an investigation, sharing the finding of its investigation [Section 173]. What is not so well known is that, at this stage, if police concludes that there is sufficient evidence … Continue reading The New Supreme Court “Guidelines” on Bail

-By Varda Saxena Introduction India is an example of an adversarial system of law. However, there are instances when the Magistrate steps up to assist the course of justice. The powers under Section 311 of the Criminal Procedure Code, 1973 ("CrPC"), which complement Section 165 of the Evidence Act, 1872 (“Evidence Act”) is a sound … Continue reading Bridging the Gap: Analysing Section 311 of the Criminal Procedure Code

By-Aditi Gupta Introduction “In October 2020, a Malayalam journalist named Siddique Kappan was charged under sections 124A (sedition), 153A (for promoting enmity between groups), and 295A (outraging religious feelings) of the IPC and UAPA.   He was detained while on his way to cover the Hathras event in Uttar Pradesh.” This detention raises questions in a … Continue reading SECTION 295A AND ITS ARBITRARINESS

                                                                                                     - Rohan Mishra INTRODUCTORY REMARK - NECROPHILIA Ever since the Indian Penal Code, 1860 (hereinafter, “IPC”) came into play it has been celebrated widely as a great piece of penal legislation by positively testifying as the balance wheel of the society containing in itself a rich lode of progressive laws as per the growing … Continue reading The conundrum of ‘Necrophilia’ in India: Broadening the sphere of punishment is demanded.