By- Niharika Mukherjee (This article forms the first part of a two part series) Introduction This article shall review the case of Barendra Kumar Ghosh v King Emperor,  with a focus on its interpretation and application of Section 34 of the Indian Penal Code, 1860 [“IPC"]. In this part, the article shall, first, shall briefly … Continue reading Returning to Barendra Kumar Ghosh- The Group Liability Conundrum (Part 1)

By Vidhi Srivastava Introduction Legal Moralism is a criminalisation theory that advocates employing criminal law to penalise immorality per se and ‘wrong’ conducts, irrespective of whether they adversely affect others.[1]  In India, ‘obscenity’ has been viewed from the lens of morality and decency. The law is embodied in s. 292 of the IPC. This provision … Continue reading Rethinking our Perspectives to Criminal Obscenity- From Moralism to Harm Principle