By Srushti S Kekre & Udisha Surana A man is a man; an act is an act; rape is a rape, be it performed by a man the “husband” on the woman “wife” -Justice M. Nagaprasanna The prevalence of marital rape in India emanates from the archaic doctrine of coverture where a wife is considered as … Continue reading Marital Rape through the lens of Judicial Activism in India
By: Abhinav Sekri Razorpay, a payments platform, got a request under Section 91 of the Criminal Procedure Code 1973 [Cr.P.C.] from Delhi Police asking it to furnish information in connection with an ongoing investigation in connection with the journalist Mohammad Zubair and the fact-checking platform Alt News. From news reports and public statements made by parties concerned, it appears … Continue reading On Section 91 Notices and the Razorpay Furore
By: Kajal Jamdare Introduction The recent flux of headlines about celebrities and star kids being found in possession of drugs prohibited by law has brought the issue of possession offences to limelight in India. Another, often ignored case of possession offences in India is the detention of individuals for possession of fire-arms and ammunitions. Many … Continue reading Possession Offences: Of Strict Liability and The Indian Judiciary’s Take
By: Aryaman Kapoor Introduction The Code of Criminal Procedure of 1973 [‘CrPC’] is applicable to the whole of India for investigation, inquiry and trial of every offence which is committed under the Indian Penal Code and most statutes which regulate offences that are criminal in nature. However, when it comes to the offence of money … Continue reading Comparing the Procedure of CrPC with PMLA
By: Ria Goyal Introduction The Indian Penal Code (hereinafter referred to as “IPC” or “the Code”) contains several provisions imposing joint or constructing liability upon members of groups for criminal acts committed in furtherance of common intention. These sections do not create any distinctive offences – rather, they act as evidentiary principles rendering every person … Continue reading The “Presence of the Accused” Requirement under Section 34 of the IPC: An Analysis
