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

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?

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

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?

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)

By: Chaitanya M. Hegde Introduction Recently, when the process of framing charges had begun in the Elgar Parishad case, the accused filed a plea before the Bombay High court seeking stay of the trial as certain vital materials relied by the NIA was not provided to them. This once again has shed the light on … Continue reading Prosecutorial fair disclosure – A concept conveniently swept under the carpet?

By: Srishti Gupta Introduction Recently, the courts have been adapting to new set of circumstances and leaning towards bail to decongest prisons. Due to COVID-19 outbreaks in detention centers, courts are rethinking whether pre-trial custody is necessary to maintain public confidence in the criminal justice system. In a recent Allahabad High Court order, anticipatory bail … Continue reading Whether Apprehension of death on account of COVID a valid ground for anticipatory bail?

Where do we draw the line? Priyanshi Jain & Preeti Bohra Introduction India’s internet user population is increasing tremendously. However, the gender imbalance on the internet is an ever-existing challenge. Patriarchy operates consistently when a woman often comes across as invading a man’s cyberspace, primarily when they express their views on politically sensitive issues. At … Continue reading Cyber-crime and Bulli Bai App:

By: Aprajita Tyagi Though the existence and acceptance of transgender persons have long been recorded in ancient Indian texts, the recognition of their legal rights is a recent occurrence in the country. It was only in 2019 that the Indian Parliament enacted the nation’s first legislation, namely the Transgender Persons (Protection of Rights) Act, 2019 … Continue reading TRANS RIGHTS AGAINST SEXUAL OFFENCES IN INDIA: IS PROTECTION FROM RAPE STILL A FAR CRY?

By: Ridhi Aggarwal and Vedant Bisht Although the term First Information Report (“FIR”) hasn’t been explicitly mentioned in the Code of Criminal Procedure, 1973 ("CrPC”), S.154 of CrPC provides for the process of registering the information relating to the commission of a cognizable offence. The concept of Zero FIR eliminates the barriers of territorial jurisdiction … Continue reading Zero FIR: purview, analysis and propositions

By: Martin Kwan John Stuart Mill’s harm principle is one of the most common justifications for the criminalization of a certain conduct. In simple terms, the principle provides that acts that cause harm to others should be criminalized. Naturally, the aim of the offences involving child pornography would be to prevent harm to children – … Continue reading The crime of possessing or viewing child pornography: Cannot always agree on who is harmed?

By: Ann Sarasa K R India’s devastating second wave has wreaked havoc on lakhs of people across the country, and the statistics are disheartening. In an affidavit submitted to the Supreme Court, the National Commission for Protection of Child Rights (NCPCR) showed that over 30,000 children lost either one or both parents or were abandoned … Continue reading Why we need to strengthen Child Welfare Committees

By: Meghana Senthil Introduction India has witnessed multiple major bank frauds over the course of the last decade. As per the Annual Report of the Reserve Bank of India (“RBI”), the reported bank fraud cases have increased by 159% in value during the fiscal year of 2019-2020. The increased complexity and costs involved in them … Continue reading Major Bank Frauds: A Need For A Rethink Of ‘Offences Against Property’ In The Indian Penal Code

By: Shivani Mody Introduction The Chief Justice of India, while hearing the case of Mohit Subhash Chavan v. State of Maharashtra, asked a rape accused to marry the victim in order to potentially reduce punishment for the offence, which resulted in widespread backlash and condemnation. However, the truth is that such deliberations are not new … Continue reading An Analysis of Mitesh Ashokbhai Chunavala v. State of Gujrat – using Section 482 as a Backdoor for Reinforcing Patriarchal Norms in Rape Trials

By: Nishant Nagori ‘Panopticism’, one of Foucault’s most intriguing concepts on surveillance is premised upon the Panopticon, a prison where guards are positioned within a central tower to employ surveillance on all the inmates. This creates a conscious sense of ‘permanent visibility’ amongst the ones under surveillance, eventually leading to internalized authority and self-discipline. This … Continue reading CCTVs Cameras in Police Stations: A Comprehensive Step to deter Custodial Violence?

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 Devansh Pandit INTRODUCTION: Complete or partial immunity from lawsuits accorded to the members of judiciary or those exercising powers on behalf of the state, is not a novel concept. For example, no civil or criminal cases lie against the British Crown, or those exercising powers on their behalf; The United States itself accords prosecutorial … Continue reading WHAT IS THE EXTENT OF PROSECUTORIAL IMMUNITY ACCORDED TO JUDGES & PUBLIC SERVANTS? ANALYSIS OF SECTION 197, CrPC.

By: Kapil Devnani and Ashutosh Kumar Introduction                      “I would like to be remembered as a person who wanted to be free and wanted other people to be also free.” This famous quote by Rosa Parks presents the true value of the Right to liberty, and it would not be wrong to say that the framers … Continue reading SIDDHARTH V. STATE OF U.P. – Doing away with unnecessary custody

By: Abhinav Sekhri It is fairly well known that under the Criminal Procedure Code 1973 [Cr.P.C.], the investigating agency files a Report before court upon completing an investigation, sharing the finding of its investigation [Section 173]. What is not so well known is that, at this stage, if police concludes that there is sufficient evidence … Continue reading The New Supreme Court “Guidelines” on Bail

-By Varda Saxena Introduction India is an example of an adversarial system of law. However, there are instances when the Magistrate steps up to assist the course of justice. The powers under Section 311 of the Criminal Procedure Code, 1973 ("CrPC"), which complement Section 165 of the Evidence Act, 1872 (“Evidence Act”) is a sound … Continue reading Bridging the Gap: Analysing Section 311 of the Criminal Procedure Code

By-Aditi Gupta Introduction “In October 2020, a Malayalam journalist named Siddique Kappan was charged under sections 124A (sedition), 153A (for promoting enmity between groups), and 295A (outraging religious feelings) of the IPC and UAPA.   He was detained while on his way to cover the Hathras event in Uttar Pradesh.” This detention raises questions in a … Continue reading SECTION 295A AND ITS ARBITRARINESS

                                                                                                     - Rohan Mishra INTRODUCTORY REMARK - NECROPHILIA Ever since the Indian Penal Code, 1860 (hereinafter, “IPC”) came into play it has been celebrated widely as a great piece of penal legislation by positively testifying as the balance wheel of the society containing in itself a rich lode of progressive laws as per the growing … Continue reading The conundrum of ‘Necrophilia’ in India: Broadening the sphere of punishment is demanded.

By: Rishabh Saumya “Alexa raise your hand”. The problem is Alexa has no hands or any other human feature. We know Alexa- that’s the name used by Amazon for its virtual personal assistant, most frequently invoked on its echo in-home smart speaker. It may not have a face but the program can be treated as … Continue reading ALEXA: A CATALYST IN THE EVIDENCE LAW?

-By Darshil Sakhia and Pratham Shah Introduction In September 2020, a petition was filed in the Gujarat High Court (“Gujarat HC”) challenging the constitutionality of sections 2(1) (c), 16, 20(3), 20(4) and 20(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (“Act”). While the case is still being heard in the Gujarat … Continue reading GUJARAT CONTROL OF TERRORISM AND ORGANISED CRIME ACT: A PROCRUSTES SOLUTION

-By Renuka Nevgi The term ‘bail’ essentially means procurement of release of an accused awaiting trial or appeal by the deposition of security as an assurance for his/her submission whenever demanded by legal authority. The application for bail can be approved or rejected on various grounds such as nature of the offence, severity of punishment, … Continue reading Bail under CrPC v. Bail under UAPA: A Critical Analysis

By: Injila Khan and Utkarsh Mishra Abstract – “The current political situation in the country with the right-wing government and a complex set of relations between the state and the centre has given us a cause to revisit the realms of the VIP culture that has pervaded our governments and bureaucracy since the colonial era. … Continue reading Discrimination through the Tinted Glass: VIP Culture and its Manifestation

By: Shambhavi Shani INTRODUCTION Confession made by a suspect, being decisive in nature plays a significant role when criminal proceedings are pursued. Confession, simply put, is an acknowledgment of guilt by accused which is traced back, in various common law countries, to the guilt conscience associated with it. Being conclusive, it is of utmost importance … Continue reading AWARDING CUSTODIAL CONFESSIONS WITH EVIDENTIARY VALUE: A TIME TO MAKE REFORMS?

By: Harsh Sethi INTRODUCTION Marital rape is defined as the non-consensual sexual intercourse in a marital relationship with one’s own spouse. The act, often justified for reasons of the ‘implied consent of the spouse’, not only violates the sexual freedom of the wife but also undermines her dignity and self esteem. Nonetheless, marital rape remains … Continue reading MARITAL RAPE: REDIFINING SOCIETAL NORMS AND CONSENT BOUNDARIES IN MARRIAGE

By- Digvijay Sahni Introduction Decriminalising adultery and viewing it from outside the realm of criminal jurisprudence, was one of the landmark judgments that was rendered by the Supreme Court in 2018. The abrogation of the long-standing English provision in the IPC 1860 was seen as a step in the positive direction for which civil remedy … Continue reading Criminalising “Stealing the Affection of a Brother Officer’s Wife”: A Comparative Analysis with reference to the USA and South Africa

By- Swetha Somu On March 18, 2021, the French MPs approved to make ‘ecocide’ a serious crime under French law. The draft legislation passed the National Assembly by 44 votes to 10. Under the law, anyone intentionally causing pollution to land, water or soil will be liable for up to 10 years in prison along … Continue reading ECOCIDE: CHANGING THE LEGAL REALITY AND CULTURAL MINDEST

-By Abinav Sekhri In 2017, the Telangana government passed a Bill to ratify and ordinance which had made the "Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act 1986", into the "Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, … Continue reading Rendering Criminal Law Meaningless: On the Draconian Telangana Preventive Detention Law

-By Vidhik Kumar Introduction The status of women in our society can only be uplifted when we as a community tread towards the path of social justice, equality, and dignity- and provide women, without any discrimination, equal opportunities in every sphere of life. India has adopted several legislations for uplifting women in the social sphere, … Continue reading Protection of Women from Harassment at Workplace: A Mirror Reflection of the Vishakha Judgment

-By Yana Gupta and Ayush Mangal Social Media may either act as a bane or a boon for society and individuals. However, sometimes its cost outweighs its benefits, especially for juveniles. The access to electronic gadgets for long durations has opened floodgates of opportunities for juveniles to get inspired from the content on social media … Continue reading Social Media – A Breeding Ground for Juvenile Offenders

-By Sarthak Wadhwa (This article is the second part of a two part series) Introduction In a recent two-part post on this blog, Shraddha and Yana present a comprehensive account of how colonial era laws are weaponized to ‘crackdown on dissent’ – and how the detention of Safoora Zargar and Disha Ravi for sundry charges … Continue reading In ‘Furtherance’ of Substituting Criminal Conspiracy

~Sarthak Wadhwa (This article is the first part of a two-part series) Introduction In a recent two-part post on this blog, Shraddha and Yana present a comprehensive account of how colonial era laws are weaponized to ‘crackdown on dissent’ – against the ideals of democracy and criminal justice as found in the Indian Constitution and … Continue reading Crackdown on Dissent: A Conspiratorial Approach

-By Kirti Meena and Sandli Pawar Introduction Section 295A of the Indian Penal Code, 1860 has become a catchword in the context of any real or reel issue related to hurting religious sentiment. Section 295A criminalises any deliberate or malicious act intended to offend the religious sentiment of any class of people. The Section mandates … Continue reading Section 295A and Harm-Offence Debate

-By Mannat Marwah Introduction Parole or furlough is the temporary release of a prisoner before they have completed their sentence, on a conditional basis. Rules relating to parole and furlough are enshrined under the Prison Act, 1894 and the Prisoner Act, 1900. Each state has its own rules governing parole and furlough with only minor … Continue reading The Abuse of Parole and Furlough – An Analysis

-By Abhinav Sekhri This April, a Constitution Bench of the Indian Supreme Court took up the issue of delays in cheque bouncing cases — i.e., complaints instituted under Section 138 of the Negotiable Instruments Act 1881 — and passed some important directions on how such cases should be run [Order dated 16.04.2021 in Suo Motu Writ Petition (Crl.) 2 … Continue reading The Supreme Court and Delays in Cheque Bouncing Cases

-By Abhinav Sekhri (Special thanks to Ashna D and Aniket Singh for their help with research on some aspects.) In 2019, the State of Uttar Pradesh amended the Criminal Procedure Code of 1973 insofar as it applied to the state, to re-insert Section 438 (its at the end of the linked file) which provides for anticipatory bail. … Continue reading A Closer Look at the 1976 Deletion of Section 438 CrPC in Uttar Pradesh

-By Abhinav Sekhri 2020 (and January 2021) witnessed a series of high-profile cases where the potential accused persons were sought to be prosecuted across the country for their conduct. Arnab Goswami, Amish Devgn, the makers of Tandav; in all these cases, specific speech acts of the accused persons attracted the ire of people across states … Continue reading Crafting Accessible Remedies to deal with Multiple FIRs and Complaints