Month: April 2022

Indefinite Incarceration of Approvers — In Need of Necessary Amendments

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-By Abhinav Sekhri Prologue: The Budget Leaks of 1956 Aschara Lal Mehra was, presumably, one of many Sales Managers in Bombay's Mercury Paints and Varnishes Ltd.; a pre-independence firm which continues to exist today. Perhaps Mehra was dissatisfied with the income Mercury Paints gave him, because when he was introduced to one Davinder Pal Chadha from … Continue reading Indefinite Incarceration of Approvers — In Need of Necessary Amendments

Lalita Kumari, and Police Discretion at the Stage of Registering an FIR

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By Abhinav Sekhri Six year old Lalita Kumari went missing from near her house on the night of May 5, 2008. When she did not come back, her father filed a missing persons report. A week later he was told that his daughter had been abducted, and so he filed a complaint with Police Station … Continue reading Lalita Kumari, and Police Discretion at the Stage of Registering an FIR

Errantry — Further thoughts on the new Criminal Procedure (Identification) Act

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By: Abhinav Sekhri As expected (mostly), parliament passed the Criminal Procedure (Identification) Bill 2022 in double quick time without referring the bill to a committee. It is disheartening, given the obvious flaws that are present in the Bill, but in an environment where courts are unable to hear matters pertaining to important matters of constitutional law … Continue reading Errantry — Further thoughts on the new Criminal Procedure (Identification) Act

A Peculiar Problem Posed by the J&K Reorganisation?

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By: Aman Saraf The legal framework regulating Jammu and Kashmir can in recent terms be adequately referred to as protean and erratic – and for good reason. Post the Constitutional Order 273 passed by the President declaring that Article 370 of the Constitution of India ceased to be operative (barring the applicability of the Constitutional provisions to … Continue reading A Peculiar Problem Posed by the J&K Reorganisation?

Victims and Bail — The Judgment in Jagjeet Singh v. Ashish Mishra

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By: Abhinav Sekhri In a much-publicised judgment, the Supreme Court set aside the order granting bail to the main accused in the Lakhimpur Kheri incident from October 2021 [Jagjeet Singh & Ors. v. Ashish Mishra & Anr., Crl. Appeal 632 of 2022 (decided on 18.04.2022) ("Ashish Mishra")]. At the outset, it would be necessary to clarify that the court … Continue reading Victims and Bail — The Judgment in Jagjeet Singh v. Ashish Mishra

THE SUDDEN FIGHT EXCEPTION: AN ANATHEMA TO CRIMINAL LAW?

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By: Hritik Merchant (This article is a Part I of the submission.)                                                                                             I. Introduction Exception 4 to Section 300 of the Indian Penal Code, 1860 (“IPC”) posits that if a person dies in a sudden fight with the accused, the accused’s culpability will be reduced to culpable homicide not amounting to murder (“the sudden fight … Continue reading THE SUDDEN FIGHT EXCEPTION: AN ANATHEMA TO CRIMINAL LAW?

Setting the paper tiger free – Bail provisions and UAPA

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-Sanjana Gupta & Aditi Roy Introduction Bail can be termed as the procurement of a person’s release from legal custody through an undertaking that one shall remain present at the designated time and place and submit himself to the Court. Bail can be denied only in exceptional circumstances and has to be given as a … Continue reading Setting the paper tiger free – Bail provisions and UAPA

PRACTICE OF WITCH HUNT IN INDIA: FALLACIES IN STATUTES AND EXIGENCY FOR A CENTRAL LEGISLATION (GENDER-BASED VIOLENCE)

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By: Aditi Pandey INTRODUCTION Women as individuals have been victimized in various manners including gender-based violence which is solely justified as culture. Whereas, it is nothing but the supremacy of men over women through established “patriarchy” in the society. As a result, there exists tremendous trauma to women both on physical and psychological levels. According … Continue reading PRACTICE OF WITCH HUNT IN INDIA: FALLACIES IN STATUTES AND EXIGENCY FOR A CENTRAL LEGISLATION (GENDER-BASED VIOLENCE)

Envisioning admissibility of wearable devices in Indian Courts

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Rishabh Saumya and Gayatri Singh Introduction The leap of technology from our desk to our wrist is quite remarkable. From measuring our heartbeat to calculating our footsteps, wearable devices, gradually, are becoming an essential fitness accessory among health-conscious folks. These activity tracking devices are equipped with wearable technology and are marketed for their health tracking … Continue reading Envisioning admissibility of wearable devices in Indian Courts