By Sandhya Gupta The criminal law of any country is the basis to punish the public wrongs done by an individual as well as to act as a deterrent for the society. The criminal law deals with various categories of crimes and their respective punishments/penalties. In India, one such category is the sexual offenses against … Continue reading Compensation to Rape Victims- A Critical Analysis.

By Bhaskar Kumar   Introduction The provisions of the Prevention of Money Laundering Act, 2002 [“PMLA” or “the Act”] have again caught attention when Dr. A.M. Singhvi argued that the Act is being retrospectively applied in ongoing INX Media case involving Mr. P. Chidambaram. Dr. Singhvi asserted that Mr. Chidambaram could not be tried for an … Continue reading Is PMLA Being Retrospectively Applied in the INX Media Case?

By Raj Krishna and Snehil I. INTRODUCTION AND BACKGROUND  On 13th June 2019, Brazil’s Supreme Federal Court by a majority of 8 to 3 declared discrimination based upon sexual orientation and gender identity a criminal offence under the Brazilian hate crime law of 1989 (Law 7716 of 1989). Initially, the Brazilian law recognized discrimination only … Continue reading Brazil: Discrimination Against the LGBTQ Community is a Penal Offence.

By Amreen Tapadar and Deeksha Sharma As loathsome and obnoxious the concept of inflicting pain on non-consenting parties to derive sadistic pleasure appears to one, the actuality in cases of rape is the application of sexual sadism. Unfortunately, the justice system prevailing in our nation has opted for discounting the criminology behind rape and has … Continue reading Under-reported Interpretation of Rape via Prism of Criminology.

By Khushboo Agrawal The significance of the Juvenile Justice system comes to surface because of the incapability of the juveniles to understand the nature and consequences of their acts. Subjecting these juveniles to the normative criminal justice system may be deleterious. For bringing these juveniles under the justice system, they must first be identified. Various … Continue reading Identifying the Juvenile: Is Age the Correct Criterion?

By Rajat Sharma INTRODUCTION Recently, while speaking to Project 39A of National Law University, Delhi, Retd. Justice Kurian Joseph echoed the concerns surrounding the awarding of death penalty or the capital punishment in India in the rarest of rare cases by the Supreme Court (hereinafter SC). This is a sentiment that was also highlighted in … Continue reading Serving Death Penalty on a Silver Platter: Khushwinder Singh v. State of Punjab

By Vrinda Aggarwal Justice has been viewed as a triangulation of three interests – the interest of the accused, represented by the defence attorney, the interest of the society to punish a crime, represented by the public prosecution (PP) and the interest of the victim, which often remains unrepresented.[i] This article aims to discuss this … Continue reading The Public Prosecutor & the Child Victim

By Bhaskar Kumar In a recent Canadian case, the Ontario Superior Court of Justice held that non-use of a condom against a participant’s wishes would amount to rape as it robs a partner of his or her liberty to engage in sexual relationship as per the agreed terms and conditions. In this case, the woman … Continue reading Stealthing as Post-Penetration Rape

By Palak Jain The criminal justice system places the right to a fair trial at the highest pedestal. To secure this right to both the victim and the accused, there is state and non-state machinery that plays a significant role. This includes the police that conducts the investigation, the legislators that enact the law and … Continue reading Prosecutor or Persecutor: Analysis of Madhya Pradesh Government’s Reward System

By Shiv Kumar Sharma  The Kerala High Court in its recent judgment, in the case of Ashiq N.A. v. State of Kerala[i], has exercised its inherent power to quash criminal proceeding in a rape case as the accused has married with the victim.  As per the High Court, the victim and the accused have entered … Continue reading Should Marriage Be Considered As A Ground For Exercising Inherent Power to Quash A Rape Case?

By Mr. Abhinav Sekhri Suppose you are ordinarily a resident of Delhi, but come to know that a case has been filed (or is about to be filed) against you in Mumbai, alleging you committed non-bailable and cognizable offences such as "Cheating", punishable under Section 420 of the Indian Penal Code 1860 [IPC]. Your law-savvy friends tell … Continue reading Anticipatory Bail and Jurisdiction

By Ritwik Sharma On 23rd July 2019, the Unlawful Activities (Prevention) Amendment Bill 2019 was passed by the Lok Sabha amid protests from both within the House as well as outside it. The opposition staged a walkout after it lost the motion to send the Bill to the Parliamentary Standing Committee for further scrutiny. The … Continue reading Unlawful Activities (Prevention) Amendment Bill, 2019: A Draconian Proposal

By Sanjana Hooda INTRODUCTION TO THE CONCEPT The core objective of a criminal trial is to strive towards the attainment of justice and to ensure that the rule of law is maintained. The presence of the accused, in order to be submitted to trial, is indispensable to the foundation of any judicial system and is … Continue reading Conducting Trials ‘In Absentia’

By Jasmeet Singh Chadha INTRODUCTION             The recent judgment of the Hon’ble Supreme Court in Manju Surana v. Sunil Arora & Ors.[1]  referring the controversy surrounding the mandatory requirement of procuring sanction for initiating investigation by the Magistrate in exercise of powers enumerated in Section 156(3) of the Code of Criminal Procedure when a complaint … Continue reading Re-examining the Dicta in Anil Kumar v. M.K. Aiyappa in Light of Pre-Investigation Sanction

By Mr. Abhinav Sekhri “Preventive Detention” is a phrase that is inextricably bound with the history of the Indian Constitution. The Constituent Assembly affirmed the power for future governments to pass such laws, and only later got around to debating the restraints surrounding them. As a result, despite Article 22 having been inserted to serve … Continue reading Dimple Happy Dhakad and Normalising Preventive Detention

By Muskaan Joshi “In cases of xenophobic and communal lynching, one person’s body becomes a site of history.” -Prof. Upendra Baxi Current day politics in India is showmanship that revolves around balderdash ideologies of caste and religious identities [1]. Complementing the same are the legislative and political measures which have in a way created bias … Continue reading Dear Politicians, Kindly Halt the Hate!

             By Kavya Lalchandani Reverse onus clauses are usually found in criminal statutes where the burden of proving innocence is shifted on to the defendant or the accused after certain foundational facts have been proven by the prosecution. Under the POCSO Act, Section 29 and 30 deal with reverse onus … Continue reading Constitutionality of Reverse Onus Clauses Under POCSO Act

By Ratakshi Sarvaria In early societies, when resources were limited, the law of nature was based on survival of the fittest. The early exponents found crime in the conflicts of behavioural norms and saw crime as being rooted in “poverty, misery and depravity.”[1] As societies developed and money gained importance, it is safe to say … Continue reading Crime as a Choice: Crime and Economic Conditions

By Eshani Vaidya Introduction "Custodial torture" is a naked violation of human dignity that largely destroys the individual personality.[1] No violation of any one of the human rights has been the subject of as many Conventions and Declarations as ‘torture.’[2] The Parliament, keeping in mind its international obligations under the Convention against Torture and other … Continue reading A Critical Analysis of the Acts Amounting to Torture under the Prevention of Torture Bill, 2017.

By Mr. Abhinav Sekhri Let's do a thought experiment. Think of the criminal justice system — or criminal process as I like to call it — as a building. Now, the basic architecture of this building is fairly well-known to us, and exists in the form of three statutes: the Indian Penal Code 1860, Indian Evidence Act … Continue reading Guiding Police Discretion: Police Circulars and The Limits of Top-Down Reform

By Raj Krishna INTRODUCTION On 24th May, Kenya’s High Court in the case of EG v. Attorney General upheld the colonial law which criminalized homosexual acts between two consenting adults. The three judge bench of the Kenyan High Court unanimously held that there was no substantial proof of evidence which proved that the members of … Continue reading EG v Attorney General: A Critique of the Kenyan High Court’s Homosexuality Judgment

By Nishtha Gupta  A controversial decision by the Kerala High Court stated that a rape case can be quashed on subsequent marriage of the victim to the accused. The decision was given by Justice Alexander Thomas after the rapist married the victim during the trial. THE CASE In the case, the accused committed rape on the … Continue reading Marriage of Rape Victim to the Accused leads to Court Quashing Charges: A Legal Fiasco

By Vivek Punia Section 34 of the Indian Penal Code, 1860 (IPC) states that when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. When several accused … Continue reading Conspiring with Yourself: Can a Single Person be Convicted with the Help of Section 34 of the IPC?

By Vani Kaushik S.161 of the Code of Criminal Procedure (“CrPC”) lays down the rule of examination of witness by the police. It states (relevant portion): “a police officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case”.[1] S.161(2) provides that persons being examined are required to … Continue reading The Necessity of Mandatory Audio-Video Recording under S.161 of CrPC

By Mr. Abhinav Sekhri Prashant Kanojia was arrested for posting a tweet about a political personage. He did not abuse, use names, or anything of that sort. He posted a link to another story that was carried in the news about the claims of another person, about having an affair with the said personage. People were not up in … Continue reading Kanojia Gets Bail: A Strange Kind of Justice

By Mr. Abhinav Sekhri The law on bail in India has often been discussed on [The Proof of Guilt]. Most recently, we analysed the Indian Supreme Court's decision in Zahoor Watali, which revolved around Section 43-D of the Unlawful Activities Prevention Act 1967 [UAPA]; the provision which imposes conditions upon grant of bail in UAPA cases that go beyond … Continue reading Restrictive Bail Conditions in Indian Criminal Procedure: Lessons From History

By Ankur Jhunjhunwala   The Disclosure Regime Post the 1990’s, the disclosure regime has been described as the ‘battleground of the justice system.[1]It is fundamental to the aspect of a fair trial and prevention of wrongful convictions, and non-disclosure has historically often lead to miscarriages of justice.[2] There was a large amount of academic commentary … Continue reading The Criminal Justice System of England & Wales: A Critical Analysis of the Requirements of Disclosure & Burden of Proof

By Vishwa Patel Introduction Recently, the Bombay High Court, while dismissing the appeal from the convicts of Shakti Mill gang-rape case, ruled on the constitutional validity of the Section 376-E of the Indian Penal Code (hereinafter referred to as IPC) in Mohd. Salim Mohd. Kudus Ansari v. State of Maharashtra & Anr. The said provision … Continue reading Constitutional Validity of Section 376-E of the Indian Penal Code

By Sahil Malhotra Abstract Male and female offenders are not treated equally in India. Judges often go beyond the law and apply social and cultural biases in determining whether a female suspect is liable, and in sentencing her if convicted. This article discusses various such biases and the consequences of their application in the judicial … Continue reading Analysis of Female Offending in India

By Priyanka Sunjay In the case Sunita Tiwari v. Union of India (W.P. (C) No.286/2017), which has recently been referred to a constitutional bench, a wide range of reliefs are being sought, which include: (a) ensuring a complete ban on the practice of female genital mutilation in India by: first, declaring it to be a criminal … Continue reading Sunita Tiwari v. Union of India: Evaluating the Available Options to Invalidate Female Genital Mutilation

By Mr. Abhinav Sekhri I happened to be in the Supreme Court in February when arguments were being addressed by parties in Criminal Appeal No. 875 of 2019, Birla Corporation Ltd. v. Adventz Investments & Holdings Ltd. & Ors. (Connected with Crl. Appeal Nos. 876 of 2019 and 877 of 2019). It was a great experience as … Continue reading Birla v. Adventz: A Snapshot of the Supreme Court and Criminal Law & Procedure

By Arvind Pennathur Being kept in jail is a traumatic experience that has the potential to cast a shadow over an individual’s identity, and change them for worse. However, the law has created a solution to this: the bail system. It enables prisoners to be free upon furnishing security to ensure their presence during legal … Continue reading Intertwining Poverty and Crime: The Indian Bail System

By Akash Mukherjee Introduction The right to silence is a vital right of the accused recognized by the law around the globe. It germinates from the right to protection against self-incrimination embodied in the Indian Constitution under Article 20(3). It is buttressed by the cardinal principle of criminal law that it is the duty of … Continue reading A Case on Silence: Dissecting the Right to Silence of an Accused

By Mr Abhinav Sekhri Consider a scenario. Geetha loaned her friend Swati a sizeable sum. A year on, Geetha starts asking her friend to repay the loan. She sends many texts, but Swati doesn't reply to a single one. Frustrated, Geetha comes to you, her friendly neighbourhood lawyer, for some advice on how to proceed … Continue reading From Complainants to Consumers – A Perversion of the Criminal Process

By B.V.S. Aditya Santosh and Siddhant Tomar INTRODUCTION The Union Ministry of Home Affairs’ terse Statutory Order dated December 20, 2018 (SO) garnered sharp reactions from the political community, cyber security experts and advocates of internet freedom, against what they perceived was an attempt at mass surveillance. The SO cemented the ideology that it provides … Continue reading Examining the Constitutional Safeguards Against ‘Surveillance State’

By Yogita and Mitali Kshatriya   “Whether a torch which is lighted to dispel the darkness, can be permitted to set on fire the innocent surroundings?”  -Gujarat High Court in Pankaj D. Suthar v State of Gujarat, [1] while analysing the question of grant of Anticipatory Bail in SC/ST (Prevention of Atrocities) Act cases. INTRODUCTION On March … Continue reading Filter or Dilution: An Analysis of the SC & ST (Prevention of Atrocities) Act, 2018.

By Raj Krishna INTRODUCTION On 4th of October, 2018, a three judge bench of the Supreme Court of India refused to stop the deportation of seven Rohingya refugees to Myanmar. These men had entered the Indian territory in 2012 without valid documentation. As a result, they were prosecuted under The Foreigners Act, 1946 for illegal … Continue reading Deporting Rohingyas: Questioning the Correctness of the Decision

By Shubhalakshmi Introduction The justice system in India has only very recently begun undergoing certain changes in order to incorporate the rapid change which has occurred due to the increasing use of technology and internet transactions. This paper will look at some of the changes that have taken place through judicial decisions, as well as … Continue reading Digitalizing the Procedural Law

By Anubhav Bijalwan INTRODUCTION Section 26 of the Indian Evidence Act, 1872 [hereinafter “IEA”] read with the scheme of Sections 24, 25 & 27 of the Act creates an embargo on the proof of confessions made by the accused in police custody.[1] In our criminal dispensation system, it is a settled position that such confessions … Continue reading Executive or Judicial: Decoding ‘Magistrate’ Under S.26 of the Indian Evidence Act

By Jennifer Maria Dsilva Background According to the National Crime Records Bureau of India, the crime rate against women is 55.2%.[1] As seen in many judgments, including Mukesh and Another v. State (NTC) of Delhi & Ors.,[2] the rapist was given the death penalty seeing the brutality of the crime. Despite various laws and mechanisms … Continue reading When Rape Charges are Dropped: A Victim’s Dilemma and a Rapist’s Escape

By Shantanu Parmar “The law is a cudgel when necessary and a balm where appropriate” - Stewart Stafford Introduction The legal system of any state warrants evolution as newer concepts are formulated to ensure the swift implementation of justice. This attains paramount importance as the inevitable development of society increases recourse to the courts, which … Continue reading Plea Bargaining: The Panacea for Indian Criminal Justice System

By Nitesh Mishra “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” – Charles-Louis de Secondat, ‘The Spirit of the Laws’ Introduction Recently, the Gujarat Police has arrested some students found playing Player Unknown’s Battleground, popularly known as ‘PUBG’ in Rajkot. It … Continue reading Arrested for Playing PUBG!

By Sanyukta Biswas As is the case with most jurisdictions around the globe, victims of crime were lost in judicial oblivion for a really long time in India as well. The framers of the Constitution dedicated two long well drafted articles for the well-being of the accused, namely, Article 20 and 22, whereas their victims … Continue reading An Appeal for Victim Impact Assessment

By Varsha Gulaya Note: This work has been divided into two parts. The first part discussed the initial response of Indian courts to the applicability of plea bargaining, till the time it was finally given acceptance. The second part discusses various Law Commission reports in this regard along with the incorporation of this concept into … Continue reading Tracing the Development of Plea Bargaining in India [Part II]

By Varsha Gulaya   Note: This work is divided into two parts. The first part discusses the initial response of Indian courts to the applicability of plea bargaining, till the time it was finally given acceptance. The second part will go on to discuss various Law Commission reports in this regard along with the incorporation … Continue reading Tracing the Development of Plea Bargaining in India [Part I]

By Riya Sharma In criminal law cases, convictions in India take place on the basis of whether the prosecution is able to establish the facts beyond reasonable doubt. The aim of the prosecution is to reconstruct facts of a past event through direct, indirect and corroborating evidences. Eyewitness testimonies are an account of the events … Continue reading The Eyewitness Enigma: A Paradox in the Law of Evidence

By Vivek Punia   Introduction The Constitution of India guarantees multiple rights to its citizens. All other fundamental rights are secondary to the ‘Right to Life and Liberty’ as all such rights cease to exist once the life extinguishes. Therefore, the fact that death penalty is an irreversible form of punishment demands that the standards … Continue reading The Supreme Court of India: An Uncertain Hangman

By Sumeysh Srivastava In “Gadar: Ek Prem Katha”, there is a nationalism packed scene where Sunny Deol’s character, Tara Singh, is being asked to convert to Islam so that his iniquitous Pakistani Father-in-Law (Amrish Puri) can accept him and allow him to be with his wife and kid. In this legendary scene, Tara Singh approves … Continue reading Time for ‘Sedition Go Back’!

[Divya Kumar is a third-year law student at National Law University, Jodhpur] “Human behaviour flows from three main sources: desire, emotion and knowledge”       - Plato   Human beings are distinct from all other species of life due to the distinct features of emotion and reason they possess. A Chinese proverb states, “control your … Continue reading Passion Crimes and the Gender Perspective

[Gaurav Pathak is associated with VAS Global and practices law at New Delhi.] The Allahabad High Court in September 2018 amended its 10-days bail notice period rule and changed it to 2 days. This notice period means that no bail application will be placed before the High Court until two days have elapsed from the date of … Continue reading Bail: An Enigma in Uttar Pradesh

[Radhika Malpani is a third year law student at National Law University, Jodhpur.] Introduction With the increase in the reliance on internet for every single detail, its significance in today’s world is not less than a necessity. It helps in imparting information and knowledge to masses and has become an indispensable way of communicating opinions … Continue reading Legality of Internet Shutdown Under Section 144

[Jayesh Karnawat is a third-year law student at National Law, University, Jodhpur.] “Is justice best served by having legislatures assigning fixed penalties to each crime? Or should legislatures leave judges more or less free to tailor sentences to the aggravating and mitigating facts of each criminal case?[1]” Indian scenario Currently in India, there are no structured … Continue reading Mandatory Minimum Sentences: Over Criminalization?

[Udayan Tandan was formerly a legal consultant at the Enforcement Directorate and currently practices law at New Delhi. R. Harikrishnan was formerly a law clerk to Hon'ble Justice A. K. Patnaik, Supreme Court of India and currently practices law at the High Court of Kerela. The authors also wish to extend gratitude to Ms Chayanika Saxena … Continue reading Is Money Laundering an Independent Offence?

[Vishavjeet Chaudhary is an Assistant Professor at the O. P. Jindal Global University, Sonipat.] (The Times of India) For any liberal democracy, it is imperative that the justice system works well. It is one of the defining traits of any mature democracy and hallmark of a free country. We have much to celebrate. Being a … Continue reading What Ails the Criminal Justice System of India?

[Preeti Gurnani is a law student at the National Law University, Jodhpur] ‘Democracy which began by liberating men politically has developed a dangerous tendency to enslave him through the tyranny of majorities and the deadly power of their opinion.’ – Ludwig Lewisohn, The Modern Drama, p. 17 In very simple words, penal populism refers to … Continue reading Penal Populism: The Deadly Power of Their Opinion

[Kritika Parakh is a third-year law student at National Law University, Jodhpur.] Suicide is perceived as a crime since long, perhaps even before the development of the legal systems in the world. The most prominent reason is the religious belief that suicide is a sin. Since the fundamental structure of the legal systems worldwide was … Continue reading Unconditional Wait for Yamraj…

[Mr. Bruce Sackman is a private investigator specializing in healthcare-related matters in New York City. Currently, he is President of the Society of Professional Investigators Inc., and has recently co-authored a book titled Behind the Murder Curtain] “We hold that Washington's death penalty is unconstitutional, as administered, because it is imposed in an arbitrary and racially biased … Continue reading The Death Penalty – An Investigator’s Point of View

[Evangelos Stasinopoulos is currently a Judge at the Athens Court of First Instance, Greece] The present article provides an analysis of the provisions regarding the right to appeal to the Supreme Court of Greece (called ‘Areios Pagos’), which have been deemed as a bar to the effective justice delivery system by the European Court of … Continue reading Is Cassation Limited by Law a Bar to Effective Justice?

[Abhirup Das has a keen interest as well as specializes in Criminal Law. He is currently an Assistant Professor at National Law University, Jodhpur.] Note: This work has been divided into multiple parts. This series of work elucidates various interrogation techniques and manuals that can be sources of knowledge for the development of interrogation manuals for Indian … Continue reading The Application of Modern Methodologies in Interrogations and Confessions [Part IV: Recommendations]

[Preeti Joseph is currently a Teaching Assistant at National Law University, Jodhpur (India)] A five-judge constitutional bench of the Supreme Court of India, on 27th September 2018, gave its decision in the case of Joseph Shine v. Union of India[1] and declared Section 497 of the Indian Penal Code [“IPC”] that criminalized adultery as unconstitutional. … Continue reading Decriminalizing Adultery: The Sole Itinerary with the Supreme Court

[Akash Anurag is a fourth-year law student at National Law University, Jodhpur. Prashant Bhushan is a third-year law student at National Law University, Jodhpur.] Introduction “If witnesses are deposing under fear or intimidation or for favour or allurement, the foundation of administration of justice not only gets weakened, but it may even get obliterated.”[1] The … Continue reading Witness Protection in India – The Need for an Effective Legislation to Achieve a Fair Criminal Trial

[Abhirup Das has a keen interest as well as specializes in Criminal Law. He is currently an Assistant Professor at National Law University, Jodhpur.]   Note: This work has been divided into multiple parts. This series of work elucidates various interrogation techniques and manuals that can be sources of knowledge for the development of interrogation manuals for … Continue reading The Application of Modern Methodologies in Interrogations and Confessions [Part III: Techniques of Interrogation]

[Achal Mittal is a third year law student at National Law University, Jodhpur] Gambling primarily refers to gambling activities taking place in physical premises, defined as “gaming or common gaming houses”.[1] Gambling activities have enjoyed an enormous popularity amongst Indians. A 2011 report by KPMG has estimated India’s overall gaming market to be worth Rs. … Continue reading Sports E-betting: Legal!

[Abhirup Das has a keen interest as well as specializes in Criminal Law. He is currently an Assistant Professor at National Law University, Jodhpur.] Note: This work has been divided into multiple parts. This series of work elucidates various interrogation techniques and manuals that can be sources of knowledge for the development of interrogation manuals for Indian … Continue reading The Application of Modern Methodologies in Interrogations and Confessions [Part II: Legal Position]

[Abhirup Das has a keen interest as well as specializes in Criminal Law. He is currently an Assistant Professor at National Law University, Jodhpur.]   Note: This work has been divided into multiple parts. This series of work elucidates various interrogation techniques and manuals that can be sources of knowledge for the development of interrogation manuals … Continue reading The Application of Modern Methodologies in Interrogations and Confessions [Part I: Brief History]

[Anmol Jain is a third-year law student at National Law University, Jodhpur.] This work concerns the case of Subramanian Swamy v. Union of India,[1] wherein the Supreme Court of India upheld the constitutionality of criminal defamation.[2] The crux of the dispute, in this case, was whether imposing criminal liability on a private individual for defaming … Continue reading Mr. Criminal Defamation: Ain’t you unconstitutional?