By: Manas Agarwal and Ritu Bhatiya Introductory Remarks The absence of consent is a sine qua non element of the offence of rape involving people above the age of 18. This paper focuses on one such category of consent, which is consent based on the promise of marriage. Two provisions of the Indian Penal Code … Continue reading Consent in Section 375 is Superior to Consent in Section 90
By: Abhinav Sekhri [This article is a second part of a conspiracy series.] Over the next two posts, we will discuss the substantive offence of conspiracy. We will first try and identify what purpose is this offence of conspiracy designed to serve, its costs and benefits, and only then turn to the Indian statutory provisions … Continue reading Conspiracy: The Substantive Offence (Part I)
-By Akanksha Singh [The article is the 2nd part of a two-part series] Not all psychopaths are criminals/serial killers If we again consider the example of the above mentioned fictional characters of Sheldon Cooper and Villanelle, for anyone who has watched the shows, it is evident that Sheldon Cooper is far from engaging in any … Continue reading “The Unscrupulous”: Invariably and Unalterably Criminals? (Part II)
-By Abhinav Sekhri [The article is the first part of a conspiracy series] It would not be an overstatement to suggest that the idea of conspiracies has come to underpin almost all prosecutions where more than one person is accused of an offence, be it a blockbuster case (Elgar Parishad, Delhi Riots, Kerala Gold Smuggling, … Continue reading Conspiracy: Introducing the series
-By Akanksha Singh [The article is the first part of a two part series] Theophrastus, one of Aristotle’s disciples, was probably the first person to ever write about psychopaths, calling them ‘the unscrupulous’, which precisely translates to ‘someone having or showing no moral principles; not honest or fair’. These people lack the ordinary connections that … Continue reading “The Unscrupulous”: Invariably and Unalterably Criminals?
By: Bipasha Kundu [This article is the second part of a two- part series.] II. “Instant Justice” meted out in the Disha Rape Case is no Justice at all Another horrifying incident that shocked the nation was the Disha rape case. A 26year old veterinary doctor in Shamshabad, Telangana, was brutally raped by four men … Continue reading Violation of Principles of Fair Trial in Rape Cases – Part 2
By: Bipasha Kundu [This article is a part one of the two part series] Abstract Rape is one of the most heinous offences; unfortunately, the principles of fair trial are violated in such cases due to various factors. The occurrence of such cases leads to enormous public outrage. Such outrage often finds its way into … Continue reading Violation of Principles of Fair Trial in Rape Cases – Part I
