-Abhinav Sekhri "He was a humble man who shunned publicity and lived a quiet life. He was born in Cologne, Germany ... [and] came to America as an immigrant with a middle school education. ... He bought his first building in Los Angeles when he was 21, an endeavour that bloomed into a real estate … Continue reading A Cross-Country Caper and Constitutional Criminal Procedure
-Avanti Deshpande Introduction In January 2022, a Division Bench of the Supreme Court set aside an order of externment against a man from Maharashtra who had been externed from the Jalna district for a period of two years, holding that, an order of externment was not an ordinary measure, but an extraordinary one, and it … Continue reading Evaluating Externment: Does the Anachronistic ‘Exile’ Continue to be an Effective Practice?
- Nidhi Agrawal Sec. 354(3) of the Code of Criminal Procedure in 1973 introduced the requirement of courts to record “special reasons: for their choice of the death penalty or life imprisonment or imprisonment for a period of time if the offence provided for alternative offences. Rajendra Prasad v. State of Uttar Pradesh provided the first interpretation of “Special Reasons” … Continue reading Circumstantial Evidence as a Mitigating Factor
-Devvrat Singh and Nishita Gupta Introduction The Supreme Court recently stayed an order of the Bombay High Court discharging Professor G.N. Saibaba in an alleged Maoist links case under the UAPA (Unlawful Activities Prevention Act). The effect of the order was that professor Saibaba who happens to be wheelchair bound and suffering from 90% disability … Continue reading Interpreting Sanction for Prosecution under UAPA in the light of GN Saibaba verdict
-Saranya Ravindran Section 438 of the Code of Criminal Procedure [CrPC] empowers the Sessions Court and the High Court to grant anticipatory bail, i.e., the direction to release a person on bail in the event of an arrest on a non-bailable offense. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities … Continue reading Restricting Anticipatory Bail under the Atrocities Act
