Parole & Furlough: A Decision-Making Process or Institutionalized Discrimination?

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-Mudrika Agarwal In this article, I examine offence-based restrictions on parole and furlough, arguing that it currently institutionalises discrimination. To address this, I put forward a case for an individualised, rehabilitation-focused decision-making process to decide parole and furlough applications. The grant of parole and furlough is largely based on the interplay of two significant considerations … Continue reading Parole & Furlough: A Decision-Making Process or Institutionalized Discrimination?

Effect of an Inactive Predicate Offence on the PMLA Trial

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-Khushi Dhingra A paradox surrounds the Prevention of Money Laundering Act, 2002 [“PMLA”]: it creates an independent prosecution machinery for an offence that cannot, by its own definition, exist in the absence of an underlying scheduled offence. This paradox is most revealed when the Enforcement Directorate [“ED”] prosecutes a money laundering case while the predicate … Continue reading Effect of an Inactive Predicate Offence on the PMLA Trial

Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part II

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-Mayank Khichar Part IV: Harmonising Kishun Singh and Ranjit Singh Through The “Active” and “Passive” Role of the Magistrate in Dharam Pal Further, the tension between Kishun Singh and Ranjit Singh found partial resolution in Dharam Pal v. State of Haryana, at para 27 and 28, where the Court introduced a nuanced distinction between the “active” … Continue reading Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part II

Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part I

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-Mayank Khichar “Jurisdiction is not given for the sake of the judge, but for that of the litigant.”- Blaise Pascal Introduction This article examines one of the core and contentious issues often involved in criminal trials. Namely, it centres around the focal point that (a) which forum may call ‘the accused’ to answer, and (b) when … Continue reading Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part I

Inherited Guilt? Criminal Liability of Acquiring Companies for Pre-Merger Wrongs Under Indian Law

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-Arham Anwar When one company absorbs another through a merger or amalgamation, the acquiring entity inherits a great deal of assets, contracts, employees, and often, reputation. But what about sins of the past? If the target company committed criminal offences before the deal closed, does the acquirer step into the dock as well? Under Indian … Continue reading Inherited Guilt? Criminal Liability of Acquiring Companies for Pre-Merger Wrongs Under Indian Law

Between Text and Purpose: Interpreting “Public Servant” Under POCSO

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-Bhushan Raut Introduction The most difficult cases in criminal law are not the ones where the law is silent, but where it speaks and it produces an answer that feels normatively unsatisfying. The Delhi High Court’s order in the Unnao rape case is one such instance. Few cases more starkly demonstrate the abuse of power, … Continue reading Between Text and Purpose: Interpreting “Public Servant” Under POCSO

ADMISSIBILITY OF DNA EVIDENCE BEYOND DNA PROFILING: IS EVIDENCE PROCURED USING NEXT-GENERATION SEQUENCING ADMISSIBLE?

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-Ritwik Sharma, Gurdeep Rai Introduction The use of advanced forensic genomics can expedite trials and has necessitated modernising existing procedural and evidentiary laws in India. Currently, classical DNA Profiling methods involving identification via fingerprinting are used in criminal investigations, and the evidence collected is admissible under the Bharatiya Sakshya Adhiniyam, 2023 (‘BSA’). However, it remains … Continue reading ADMISSIBILITY OF DNA EVIDENCE BEYOND DNA PROFILING: IS EVIDENCE PROCURED USING NEXT-GENERATION SEQUENCING ADMISSIBLE?

From 375 to 377: right to orientation conflicting with right to consent? Part- II

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-Dhruv Madan and Maya Sarmah In Part I of this two-part post, we examined the shifting jurisprudence under Sections 375 and 377 IPC, through the cases of Imran Khan @ Ashok Ratna v. State of U.P. and Mohd. Mustafa & Ors. v. NCT of Delhi. Both these cases take a contradictory stance on whether the … Continue reading From 375 to 377: right to orientation conflicting with right to consent? Part- II

From 375 to 377: right to orientation conflicting with right to consent? Part- I

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-Dhruv Madan and Maya Sarmah Introduction The law on sexual offences in India has witnessed substantial doctrinal shifts, yet certain judicial interpretations remain anchored in outdated binaries. Despite reforms via the Criminal Law (Amendment) Act, 2013 and Navtej Singh Johar v. Union of India, Indian High Courts continue to inconsistently distinguish between ‘natural’ and ‘unnatural’ … Continue reading From 375 to 377: right to orientation conflicting with right to consent? Part- I

Trading Shadows: Money Laundering & Insider Deals in the Metaverse’s Legal Void

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-Advait Sharma and Bhadra Anil “In a world coded without consequence, shadows become the currency and silence the law.”  Introduction In any society where substantial transactions occur, be it in markets, industries, or the virtual world, in the absence of robust regulatory oversight, crime inevitably concurs to exploit the system or leverage it for greater … Continue reading Trading Shadows: Money Laundering & Insider Deals in the Metaverse’s Legal Void

From Mandate to Discretion: How Imran Pratapgadhi Reconfigures the Understanding of FIR Jurisprudence

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- Kush Taparia, Hanshita Sharma “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” - Justice Louis D. Brandeis Introduction The recent ruling of the Supreme Court ["SC"] in Imran Pratapgadhi v. State of Gujarat [“Imran Pratapgadhi”] has once again brought into focus the ambiguity and uncertainty … Continue reading From Mandate to Discretion: How Imran Pratapgadhi Reconfigures the Understanding of FIR Jurisprudence

Criminalising Critique: Sedition and the Ashoka Professor Controversy

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-Sarah Unhelkar and Hitanshi Jain The Supreme Court recently granted interim bail to Ashoka Professor Ali Khan Mahmudabad with specific conditions. Mahmudabad was arrested on May 18th, following two FIRs being registered against him with the Haryana Police for his social media posts. While sharing his thoughts via his X (earlier “Twitter”) account, he applauded … Continue reading Criminalising Critique: Sedition and the Ashoka Professor Controversy

Milgram Project: Why the “Manifestly Unlawful Order” Doctrine Fails When Authority Demands Obedience

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-Rea Agarwal Introduction Law and psychology ought to be framed in tandem. The Milgram Project is a classic case study that demonstrates the unsettling dynamics of authority and obedience and reveals a pothole of basic Human psyche that law fails to account for. It is this loophole that the article attempts to bring to light. … Continue reading Milgram Project: Why the “Manifestly Unlawful Order” Doctrine Fails When Authority Demands Obedience

How Judicial Permissiveness Sustains Solitary Confinement in Indian Prisons

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-Ayush Gupta Introduction The long and contentious aspect of solitary confinement has always been a topic of debate in criminal law jurisprudence, which raises serious human rights and legal concerns. Keeping inmates in confinement for prolonged hours without meaningful human contact has been criticized globally for its harmful physiological and psychological effects. This practice is … Continue reading How Judicial Permissiveness Sustains Solitary Confinement in Indian Prisons

Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?

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- Vaani Negi Introduction Adolescence, the latest four-episode miniseries on Netflix, has been rapidly gaining acclaim, and deservedly so. The series delves into the harrowing aftermath of a 13-year-old boy being accused of murder.  The narrative reveals school-going children looking for direction from a digital world that warps their perceptions, rather than from teachers no … Continue reading Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?

WHO GOT IT WRONG—THE ALLAHABAD HIGH COURT OR US?

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-Aarya Dubey & Kush Shanker. INTRODUCTION Recently, in a judgement delivered by the Hon’ble Ram Manohar Narayan Mishra J. of the Allahabad High Court, it was observed that groping breasts, snapping off the girl’s pyjama strings and dragging her beneath the culvert prima facie do not constitute an attempt to rape under the relevant provisions … Continue reading WHO GOT IT WRONG—THE ALLAHABAD HIGH COURT OR US?

The Authenticity Challenge: Addressing the Concern of Producing Deepfake Generated Media as Evidence in Courts

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- Rohan Mishra Introduction The most common phenomenon is ‘seeing is believing’ or ‘what you see is what you will believe’ - but for how long we can rely upon this theory? As society grows with modern day technological advancement, people put a lot of probative weight to digital content such as images and videos. … Continue reading The Authenticity Challenge: Addressing the Concern of Producing Deepfake Generated Media as Evidence in Courts

Digital Platforms and Dirty Money:  Addressing Financial Non-Regulation within Social Media Platforms

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-Tanya Sara George Introduction As per a 2024 FATF report, most domestic money laundering operations are conducted through open sources and social media networks. Initially designed as neutral forums for communication under Section 2(w) of the IT Act of 2000, these platforms have evolved into dual-purpose entities, facilitating not just digital interactions but financial transactions. … Continue reading Digital Platforms and Dirty Money:  Addressing Financial Non-Regulation within Social Media Platforms

Adnan Nisar v. Directorate of Enforcement: Highlighting the Cross-Border Implications of the PMLA

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~ By Akshat Patria The Delhi High Court recently, in the case of Adnan Nisar v. Directorate of Enforcement, passed a significant verdict expanding the scope of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA) to the offences committed outside India. The Hon’ble High Court has clearly held that an … Continue reading Adnan Nisar v. Directorate of Enforcement: Highlighting the Cross-Border Implications of the PMLA

REAFFIRMING THE LIBERAL BAIL JURISPRUDENCE

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-Mohamed Thahir Sulaiman                                                                                                 INTRODUCTION In its recent judgment in Jalaluddin Khan v. Union of India, the Supreme Court has reemphasized the well-established principle that "bail is the rule, jail is the exception," even in cases arising under special statutes like the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’). However, this ruling conflicts with the Court's earlier … Continue reading REAFFIRMING THE LIBERAL BAIL JURISPRUDENCE

E-SAKSHYA APPLICATION: STREAMLINING JUSTICE WHILE ADDING LAYERS OF COMPLEXITIES

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- Insha Pani While the nation’s historic overhaul of the three major criminal laws captured national and international attention, another significant development is breathing its way quietly but powerfully is the introduction of the E-Sakshya Mobile application—part of a broader digital transformation within the criminal justice system. The E-Sakshya app, developed in consonance with Sections … Continue reading E-SAKSHYA APPLICATION: STREAMLINING JUSTICE WHILE ADDING LAYERS OF COMPLEXITIES

Rethinking Consent: Addressing Flaws in India’s POCSO Act for Teenage Relationships

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-Akashdeep S R Introduction In India, rape, as defined in Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a punishable offence. The requirement is that the victim should not have consented to the alleged sexual act. If the victim is under 18, she would be considered a minor, and her consent would not … Continue reading Rethinking Consent: Addressing Flaws in India’s POCSO Act for Teenage Relationships

REDEMPTION AND REFORM: ANALYSING THE ‘SECOND CHANCES’ LEGISLATION IN AMERICA’S CRIMINAL JUSTICE LANDSCAPE

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-Yash Sharan Introduction In the first half of 2024, the lawmakers of the United States of America (“US”) have taken cognizance of the cases involving prisoners undergoing long-term sentences. For instance, the state of Oklahoma in the US passed a law that would reduce sentences for those criminals who are victims of domestic violence. This … Continue reading REDEMPTION AND REFORM: ANALYSING THE ‘SECOND CHANCES’ LEGISLATION IN AMERICA’S CRIMINAL JUSTICE LANDSCAPE

Beyond Technicalities: A Call for Judicial Sensitivity in Indian Rape Cases

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-Sharnam Agarwal Introduction Every day in India, 86 women are reported as victims of rape, according to the National Crime Records Bureau [“NCRB”]. Among these harrowing statistics, the most disturbing trend is the 96% increase in child rape cases from 2016 to 2022. A recent judgment by the Rajasthan High Court in Suwalal v. State … Continue reading Beyond Technicalities: A Call for Judicial Sensitivity in Indian Rape Cases

From Untrustworthy to Trustworthy? The Bharatiya Sakshya Adhiniyam’s Mandatory Corroboration of Accomplice Evidence

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- Yushmita Sidar. Introduction “When the only proof against a person charged with a criminal offence is the evidence of an accomplice, uncorroborated in any material particular, it is the duty of the judge to warn the jury that it is unsafe to convict any person upon such evidence, though they have a legal right … Continue reading From Untrustworthy to Trustworthy? The Bharatiya Sakshya Adhiniyam’s Mandatory Corroboration of Accomplice Evidence

International Perspectives on Enforcement Case Information Report Disclosure:Upholding Fair Trial Rights in Money Laundering Cases

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- Hardik Kuldeep and Nishtha Chopra INTRODUCTION The question of whether the Enforcement Case Information Report [“ECIR”] should be mandatorily supplied to the accused has come up before the Supreme Court on numerous occasions. In Vijay Madanlal Choudhary v. Union of India, the apex court had ruled that not only the non-supply of ECIR but … Continue reading International Perspectives on Enforcement Case Information Report Disclosure:Upholding Fair Trial Rights in Money Laundering Cases

WARFARE AND LEGISLATION: IPC SECTION 125’S STANCE ON ASIATIC POWER CONFLICTS

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- Adeeba Hasan, Asad Naushad Khan ABSTRACT The intersection of warfare and legislation poses significant challenges in balancing national security with legal and ethical standards. Section 125 of the Indian Penal Code (IPC), which criminalizes waging war against an Asiatic power allied with or at peace with India, epitomizes this complexity. Rooted in colonial-era concerns, … Continue reading WARFARE AND LEGISLATION: IPC SECTION 125’S STANCE ON ASIATIC POWER CONFLICTS

UNCERTAINTY UNDER-TRIAL: DISCRETION IN DENIAL OF BAIL U/S 436A 

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-Jugaad Singh INTRODUCTION Overflowing and overburdened prisons are often a consequence of either an increased crime rate or an increased conviction rate. However, in India, the situation is neither. It is the consequence of a delayed judicial process, as more than 75% of the in-mates are under trial prisoners. While the overflow of prisons is … Continue reading UNCERTAINTY UNDER-TRIAL: DISCRETION IN DENIAL OF BAIL U/S 436A 

Shifting Sands: The Evolving Interpretations of Anticorruption Laws for Insolvency Resolution Professionals 

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- Raunaq Bali The fight against corruption hinges on the cornerstone: the definition of a ‘public servant’. Within the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”), this seemingly straightforward term holds immense weight, determining who falls under its watchful gaze and who remains beyond its reach. However, this line in … Continue reading Shifting Sands: The Evolving Interpretations of Anticorruption Laws for Insolvency Resolution Professionals 

Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act

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Nixon in 1968: drug abuse is “public enemy number one.” “In order to fight and defeat this enemy,” he continued, “it is necessary to wage a new, all-out offensive.” With that statement, the “war on drugs” began. John Ehrlichman, a top Nixon aide (1994): The Nixon campaign in 1968, and the Nixon White House after … Continue reading Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act

Capital Punishment: Mitigating Factors in Light of The Biopsychosocial Model 

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- This blog has been authored by Anmol Yadav. The author is 3rd year student of B.A. L.LB. (Hons.) at Faculty of Law, Banaras Hindu University, Varanasi.  In the complex discourse surrounding capital punishment, the consideration of mitigating factors becomes paramount, particularly when viewed through the lens of the Biopsychosocial Model. This interdisciplinary framework, encompassing biological, … Continue reading Capital Punishment: Mitigating Factors in Light of The Biopsychosocial Model 

Can Companies Commit Homicide: Navigating Corporate Criminal Liability in Cases of Homicide

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- This blog has been authored by Vansh Bhatnagar and Gunjan Sharma. The authors are 4th and 2nd year students of B.A. L.LB. (Hons.) at Rajiv Gandhi National University of Law, Punjab, respectively. Introduction The world today is governed by the centers of economic power. In the modern format of heavy reliance on private companies in … Continue reading Can Companies Commit Homicide: Navigating Corporate Criminal Liability in Cases of Homicide

Is the Liability of the Abettor Concomitant to that of the Principal Offender?

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                                             ~ Diya Gaur Introduction Abetment is not direct commission of an offence but the facilitation of one. It is an expression of intentional support for the fulfilment of an act which would constitute an offence under the Indian Penal Code, 1860. Inclusion of abetment as an offence under the Indian Penal Code underpins the fact … Continue reading Is the Liability of the Abettor Concomitant to that of the Principal Offender?

Assessing Enforcement Directorate’s Powers in Combating Money Laundering: Legal Analysis and Recent Judicial Developments

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                                            -By Gurman Narula “Economic offences, need to be viewed seriously and considered as grave offences affecting the economy of the country and thereby posing serious threat to the financial health of the country”.  This article critically examines the Enforcement Directorate's (ED) exercise of authority under the Prevention of Money Laundering Act (PMLA), delving into … Continue reading Assessing Enforcement Directorate’s Powers in Combating Money Laundering: Legal Analysis and Recent Judicial Developments

The Section 187 Dilemma in the New CrPC

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-Prasun Nabiyal Last week, the centre presented its revised version of the new CrPC Bill (also known as the “Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 ”) in the Parliament. The purpose of such revised editions is to incorporate changes suggested during the legislative process. These changes may arise out of any phase of the legislative … Continue reading The Section 187 Dilemma in the New CrPC

Unconstitutionality of Premature Release: Examining the Abuse of Remission Policies

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-Shruti Mishra Introduction Premature release entails a prisoner’s release before the completion of his judicially ordained sentence. States may grant premature release to convicts owing to several factors, as laid down in the case of Bir Singh v. State of Himachal Pradesh, which includes good conduct by the prisoner, no commission of jail offence, prisoner’s … Continue reading Unconstitutionality of Premature Release: Examining the Abuse of Remission Policies

The 283rd Law Commission Report – Better If Not Implemented

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- Vedant Choudhary The Law Commission of India in its 283rd report, titled, ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has recommended against amending the age of consent under the POCSO Act. This negative recommendation comes in light of growing cases of romantic relationships between minors, where de facto … Continue reading The 283rd Law Commission Report – Better If Not Implemented

SECTION 311A CRPC: UNEXPLORED ARENA OF POSSIBILITIES OF ARREST AND PRE-TRIAL DETENTION

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~ By Khushi Neb On the suggestion of the court in the case of Ram Babu Mishra v. State of Uttar Pradesh, where the court extensively examined the need for enacting legislation along the lines of Section 5 of the Identification of Prisoners Act, Section 311A, CrPC, that focuses on the magisterial power of ordering … Continue reading SECTION 311A CRPC: UNEXPLORED ARENA OF POSSIBILITIES OF ARREST AND PRE-TRIAL DETENTION

SEDITION IN THE NEW PENAL CODE: A COMPARISON

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This blog has been authored by Anshuman Jhala and Vatshal Raval. The authors are 3rd year BSc LLB students at Gujarat National Law University. Introduction The Indian Penal Code [“Code”] can trace its origins back to the British colonial era. The necessity for the establishment of a complete and standardised criminal law system in British India … Continue reading SEDITION IN THE NEW PENAL CODE: A COMPARISON

Right to Counsel During Police Interrogation: An Analysis

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~By Paras Khetan The right to counsel of an accused has been constitutionally guaranteed under Article 22 of the Constitution of India. This right is available to the accused during the trial. However, the question arises whether the same is available to the accused at the time of police interrogation. There is ambiguity with regards to the … Continue reading Right to Counsel During Police Interrogation: An Analysis

Denial of Sanction under Prevention of Corruption Act: A case for Expansive Interpretation

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~ By KV Kailash Ramanathan & Vasishta Ganapathi K Introduction Incurring the ire of stakeholders prejudiced by their actions is an inexorable professional hazard in the life of public servants. Whether these acts are rectitudinous or condemnable, someone is aggrieved in the oft zero-sum game of governance. Mercy, while being a quality worthy of Shakespearian … Continue reading Denial of Sanction under Prevention of Corruption Act: A case for Expansive Interpretation

NUTRITION BEHIND BARS: ELIMINATING FOOD AS A MEANS OF PUNISHMENT [Part II]

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~By Jugaad Singh Part I of the Blog dealt with the historical context and the legal background pertaining to prison food in India. Part II of the blog will be tackling the introduction of the Modern Prison Manual of 2016 as well as providing a global perspective of the problem along with possible solutions.  THE … Continue reading NUTRITION BEHIND BARS: ELIMINATING FOOD AS A MEANS OF PUNISHMENT [Part II]

NUTRITION BEHIND BARS: ELIMINATING FOOD AS A MEANS OF PUNISHMENT [Part I]

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~By Jugaad Singh "No one can understand the reality of the prison experience until they've actually walked in the shoes of those who are incarcerated." - Bryan StevensonExecutive Director, Equal Justice Initiative INTRODUCTION Considerations about the quality, quantity and nutritional value of prison food are not something a person who has never been incarcerated loses sleep … Continue reading NUTRITION BEHIND BARS: ELIMINATING FOOD AS A MEANS OF PUNISHMENT [Part I]

On POCSO and the Need for a Balancing Act to Navigate the Quandary Posed by Consensual Adolescent Relationships 

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~By Vasundhara Mehta Introduction  Recently, during my time at the chambers of the Hon’ble Mr Justice S. Ravindra Bhat, Judge, Supreme Court of India, I encountered the quagmire posed by consensual adolescent relationships in India. Almost every day at the Apex Court, I would hear the advocates state that the ‘victim’, a minor girl has … Continue reading On POCSO and the Need for a Balancing Act to Navigate the Quandary Posed by Consensual Adolescent Relationships 

Bail in Cases of Cyber-Crimes under the Information Technology Act, 2000: A Critical Re-Evaluation of the Penal Framework.

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~By Parth Kantak INTRODUCTION This piece deals with the issue of bail in the cases of the cyber-crimes given in the Information Technology (IT) Act, 2000. It has been a relatively muted issue however a really pertinent one due to the impact that it has on the investigation of cyber-crimes, which is an extremely crucial stage … Continue reading Bail in Cases of Cyber-Crimes under the Information Technology Act, 2000: A Critical Re-Evaluation of the Penal Framework.

Legal Moralism and the Case for Decriminalising Abortion in India

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~By Niveditha K Prasad Introduction The recently introduced Bharatiya Nyaya Sanhita, 2023 (‘BNS’) has been touted for introducing wide-scale changes in the penal statute. Disappointingly, the Bill, under Section 86 and the corresponding Explanation, retains the criminalisation of abortion. As I argue in this piece, the Section ought to be revised as the criminalisation of abortion has … Continue reading Legal Moralism and the Case for Decriminalising Abortion in India

Solidifying the Perspective of Obscenity: A Closer View to the Quandary

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~By Mr. Parth Birla and Mr. Garv Arora INTRODUCTION “Nudity should not be tied to sex. The mere sight of the naked upper body of the woman should not be deemed to be sexual by default.”  The Kerala High Court in its judgment has made an aberration from the patriarchal view on the autonomy of women. The … Continue reading Solidifying the Perspective of Obscenity: A Closer View to the Quandary

Right of the Dead: Analysing the Legal Framework for Necrophilia in India

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~By Tanya Verma Necrophilia, characterized by the pursuit of sexual satisfaction through engaging in sexual acts with corpses, has undergone a significant transformation in societal perception. The recent acquittal by the Karnataka High Court (HC) of a man accused of sexually assaulting the lifeless body of a 21-year-old woman following her murder highlights the concern regarding the … Continue reading Right of the Dead: Analysing the Legal Framework for Necrophilia in India

Unfettered power of police to conduct investigation: can police be obligated to seek magistrate’s permission while conducting further investigation

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-Navjot Punia Section 173 (8) of the Criminal Procedure Code, 1973 (“1973 Code”) deals with the discretion of the police with respect to conducting further investigation even after a report has been forwarded to the magistrate under sub-section (2). Though no such specific requirement of taking prior permission of court while conducting further investigation is … Continue reading Unfettered power of police to conduct investigation: can police be obligated to seek magistrate’s permission while conducting further investigation

The Hidden Dagger: Unraveling Defamation by Innuendo

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-Aparimita Tiwari An Introduction In the intricate tapestry of human society, our image and reputation hold immense value. It takes years of dedication to build a commendable reputation, yet its delicate existence can be shattered in an instant. This universal phenomenon is particularly evident in collectivist cultures, where individuals would go to extreme lengths, even … Continue reading The Hidden Dagger: Unraveling Defamation by Innuendo

Machine Culpabilis: Assessing the Viability of Holding AI Criminally Liable

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-Vedant Saxena Introduction ‘M3gan’, short for ‘Model 3 Generative Android’, is the latest in the line of movies involving Artificial Intelligence (AI) models going rogue. ‘M3gan’, hailed as a ‘marvel of artificial intelligence’, is an AI humanoid doll created by a skilled roboticist, Gemma, to give her recently-orphaned niece, Cady, a human-like companion to fill … Continue reading Machine Culpabilis: Assessing the Viability of Holding AI Criminally Liable

The Conundrum of Women being Prosecuted for Gangrape

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- Rushil Batra On 13.02.2023, a single judge bench of the Allahabad HC gave a rather interesting judgment in the case of Suneeta Pandey v State of UP wherein it held that women can be prosecuted for the offence of gang rape under Section 376D of the IPC. This conclusion is interesting since generally rape as an offence is seen … Continue reading The Conundrum of Women being Prosecuted for Gangrape

Justice in Courts of Inquisition? The Delhi High Court on UAPA Remand Extensions

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A person should not be condemned without knowing why. One would think that this precept is not a point of debate in the legal system of a constitutional, democratic, republic. After all what personifies the shift from a culture of impunity and subservience to one of justification than the ability of individual citizens to ask … Continue reading Justice in Courts of Inquisition? The Delhi High Court on UAPA Remand Extensions

EXECUTION OF DEATH SENTENCE AFTER TREATING MENTAL ILLNESS

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-Madhav Aggarwal INTRODUCTION The Supreme Court in its recent judgement in the case of Manoj v. State of MP laid down guidelines to be adhered to in cases pertaining to offences that can lead to a death sentence. It held that for sentencing, the jail authorities must produce a contemporaneous psychological and psychiatric report of … Continue reading EXECUTION OF DEATH SENTENCE AFTER TREATING MENTAL ILLNESS

Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary

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-Rushil Batra Introduction In 2022, the Supreme Court gave its much-awaited pronouncement in the case of Vijay Madanlal Chaudhary v Union of India on various aspects of the Prevention of Money Laundering Act, 2002 (PMLA)– inter alia the constitutionality of PMLA, conditions for bail, and the role of the Enforcement Case Information Report (ECIR). The … Continue reading Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary

A Not So ‘Fair’ & Lovely Criminal System

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-Sofia Dash & Ahan Gadkari Introduction The recent Criminal Procedure (Identification) Act, 2022 (“CP Act”) has spurred nationwide debates amongst human rights activists and the government officials. The CP Act, which aimed at replacing the archaic Identification of Prisoners Act, 1920,permits law enforcement officers to collect identifiable information of all convicts, arrested persons, and detainees, … Continue reading A Not So ‘Fair’ & Lovely Criminal System

Section 167, ‘Default Bail’, and its Cancellation

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- Abhinav Sekhri Recently, a Division Bench of the Supreme Court delivered its judgment in Central Bureau of Investigation v. T. Gangi Reddy [Crl. Appeal No. 337 of 2023, decided on 16.01.2023; "Gangi Reddy"]. The CBI had gone up to the Supreme Court against an order of the Andhra Pradesh High Court from March, 2022, and what it wanted was to … Continue reading Section 167, ‘Default Bail’, and its Cancellation

‘SHOWN ARREST’: A PRACTICE TO BE NIPPED IN THE BUD

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-Sakshi Komal Dubey Arrests are so fundamental to how we view law enforcement; we frequently assess the effectiveness of the police by the number of arrests they make. The Code of Criminal Procedure, 1973 (“Code”) does not define the term “Arrest”. Having no standard definition, however, it can be defined as, when an officer takes … Continue reading ‘SHOWN ARREST’: A PRACTICE TO BE NIPPED IN THE BUD

MISTAKE OF LAW DEFENSE: A TOOL FOR SAVING INNOCENTS FROM INCARCERATION

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-Srinjoy Debnath INTRODUCTION             For an act to be criminal, a person should not only commit an offense but should also have mens rea or guilty mind; but what happens when someone commits an illegal act but did not have the knowledge that it was criminal or illegal? The maxim Ignorantia Juris Non Excusat which … Continue reading MISTAKE OF LAW DEFENSE: A TOOL FOR SAVING INNOCENTS FROM INCARCERATION

“Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 of the Criminal Procedure Code “

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-Himanshu Ranjan Introduction The recording of ‘information’ under Section 154 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C) is one of the most important procedures, which  inter alia sets in motion the criminal justice system as and when a cognisable offence is committed. Section 154, Cr.P.C is the inaugural provision of Chapter XII- … Continue reading “Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 of the Criminal Procedure Code “

Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes

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-Aarushi Jain Recently, the apex court in Tofan singh v. State of Tamil Nadu held that the horizons of Section 25 of the Indian Evidence Act, 1872 (hereinafter 'IEA') extend to the statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'NDPS Act'). The definition of 'police officer' under … Continue reading Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes

On the Bombay High Court granting bail to the Kochhars

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-Abhinav Sekhri The Bombay High Court has re-affirmed the most elementary legal position — the mere power to do something does not act as a justification for doing it. That its order of 09.01.2023 directing the release of Deepak Kochhar and Chanda Kochhar by granting them interim bail on this very premise has generated such a buzz … Continue reading On the Bombay High Court granting bail to the Kochhars

CHALLENGING THE LEGALITY OF REMISSION IN BILKIS BANO CASE

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- Anushka Satya and Nishant Kumar In 2019, the Supreme Court judge bench of the then Chief Justice of India, Justice Ranjan Gogoi, and Justices Deepak Gupta and Sanjiv Khanna, has observed that “It is very apparent that what should not have happened has happened and the state has to give compensation”. This statement is remarkable because a … Continue reading CHALLENGING THE LEGALITY OF REMISSION IN BILKIS BANO CASE

Evaluating Externment: Does the Anachronistic ‘Exile’ Continue to be an Effective Practice?

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-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?

Circumstantial Evidence as a Mitigating Factor

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- 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

Interpreting Sanction for Prosecution under UAPA in the light of GN Saibaba verdict

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-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

Restricting Anticipatory Bail under the Atrocities Act

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-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

Addressing the Right of Female Prisoners (to Bleed): Menstrual Management Behind the Bars

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-Ms. Lovleen Sharrma & Sakshi Komal Dubey Introduction As per the Prison Statistics India Report, 2021 the figure of prison inmates in women’s jails adds up to 3,808. The Women In Prison Report, 2018 which sought to study the condition of women prisoners highlighted that the prison population increased drastically, and had therefore created challenges … Continue reading Addressing the Right of Female Prisoners (to Bleed): Menstrual Management Behind the Bars

The Mens Rea of Fraud: Lessons from the Great White North

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-By Shreyas Sinha Introduction The Latin term ‘mens rea’ refers to the mental element of a criminal act, i.e., a legally-determined state of mind required to convict an individual of a criminal offence. A person can be said to possess the requisite mens rea vis-à-vis a criminal offence when – (1) they are aware that … Continue reading The Mens Rea of Fraud: Lessons from the Great White North

Taking a Closer Look at the Criminal Procedure Identification Act & Rules 

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~By Abhinav Sekhri The Criminal Procedure Identification Act, 2002 ["CPIA"] was passed this April amidst significant criticism [see, for instance, here, here and here]. The issues identified with this law were across a wide spectrum — the attack on the right to privacy, the uncertain status of the forensic 'science' at play, the lack of clarity in terms of implementation. Some … Continue reading Taking a Closer Look at the Criminal Procedure Identification Act & Rules 

Evaluating the Judicial Interpretation of Section 102(3) of Cr.P.C 

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~By Mansi Pandey Introduction Section 102 of the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’ or the ‘code’), deals with the power of the police officers to seize “any property” that is either stolen or creates a suspicion of commission of the offense. Further, the police shall report the seizure to the Magistrate forthwith. It … Continue reading Evaluating the Judicial Interpretation of Section 102(3) of Cr.P.C 

Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution 

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~By Pragun Goyal Introduction Section 313 of the Criminal Procedure Code, 1973 (“CrPC”) has a profane silhouette around it. After the prosecution has closed its evidence, the accused is given an opportunity to explain the incriminating matter in evidence against him or her. No matter how bleak or scanty the prosecution evidence is, the court has to provide an opportunity … Continue reading Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution 

Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI

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~By Devvrat Singh and Nishita Gupta Introduction  The Prevention of Money Laundering Act (hereinafter referred to as PMLA) was enacted in 2002 and since then it has undergone several amendments. The stated object of PMLA was to combat money-laundering activities and confiscate the properties involved in or connected to the act of money laundering. Several … Continue reading Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI

Time for a Seven-Judge Bench Reference to resolve the FIR conundrum?

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~By Abhinav Sekhri On 12.08.2022, the Supreme Court in XYZ v. State of Madhya Pradesh & Ors. [Crl. Appeal No. 1184 of 2022] set aside an order of the Madhya Pradesh High Court, and directed that a First Information Report ["FIR"] ought to be registered under Section 154 of the Criminal Procedure Code, 1973 ["Cr.P.C.'] by the local police on the … Continue reading Time for a Seven-Judge Bench Reference to resolve the FIR conundrum?

Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)

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~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court's judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 ("Vijay Madanlal Choudhary") dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 ["PMLA"]. This post turns its lens to how the judgment … Continue reading Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)

Reverse Burden of Proof and its Implications on Presumption of Innocence

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~By Pragun Goyal The presumption of innocence of the accused is an esteemed 'golden thread’ in the criminal jurisprudence which is fundamentally tied to a reputation-related aspect of the accused in the criminal trial. The raisons d'être of this aspect is that no one can impute guilt to the accused before he is convicted beyond … Continue reading Reverse Burden of Proof and its Implications on Presumption of Innocence

Of Old Wine in New Bottles – The Judgement in Vijay Madanlal Choudhary (Part One)

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~By Abhinav Sekhri After marathon hearings, the Supreme Court finally pronounced its judgment on 27.07.2022 in a batch of over 200 petitions where the legality of various provisions under the Prevention of Money Laundering Act, 2002 ["PMLA"] had been challenged. This judgment — bearing the title Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl No. 4364 … Continue reading Of Old Wine in New Bottles – The Judgement in Vijay Madanlal Choudhary (Part One)

Prakash Industries and Interpreting the PMLA

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~By Abhinav Sekhri The Delhi High Court has passed a detailed judgment in the matters of Hi-Tech Mercantile and Prakash Industries [Order dated 19.07.2022 in WP(C) No. 14999 of 2021 ("Prakash Industries"], touching on issues pertaining to the Prevention of Money Laundering Act 2002 [“PMLA”]. Holding in favour of the Petitioners and terminating the PMLA proceedings, the High Court … Continue reading Prakash Industries and Interpreting the PMLA

The Most Recent Clarifications to the Supreme Court Bail Guidelines

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~By Abhinav Sekhri On July 11, 2022, the most recent clarifications were issued by the Supreme Court in respect of the bail guidelines which it had first issued in October, 2021 [MA No. 1849 of 2021 in SLP (Crl) 5191 of 2021, titled 'Satender Kumar Antil v. CBI' (Order dated 11.07.2022)]. This blog had covered the guidelines in October, … Continue reading The Most Recent Clarifications to the Supreme Court Bail Guidelines

8 years since “Arnesh Kumar Guidelines” what has changed ?

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- Prakhar Bajpai Arnesh Kumar serves to be the landmark judgement in the judicial history of India. The Supreme Court in this judgment made it clear that police must follow the “investigate first and then arrest” doctrine in the cases that are registered under section 498-A. The offence registered under Section 498-A of Indian Penal … Continue reading 8 years since “Arnesh Kumar Guidelines” what has changed ?

Predictive policing: A criminal justice tool that threatens human rights

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-By Sahajveer Baweja Predictive policing is an application/tool that is supported by artificial intelligence technology. These tools are currently used by investigation wings and law and order agencies in many nations to curb the crime from taking place. Such applications work on the concept of using sets of data quantities which are processed by analytical … Continue reading Predictive policing: A criminal justice tool that threatens human rights

Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate

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By Kartik Shrivastava Introduction On 18th April this year, the President of India gave his assent to the contentious Criminal Procedure (Identification) Act, 2022. The Act was passed in both the Houses of Parliament on 6th April by a voice vote. The Act seeks to replace the 102-year-old colonial law on collecting "measurements" of the … Continue reading Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate

Returning to Barendra Kumar Ghosh – Part 2

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By Niharika Mukherjee Assessment of Common Intention under Section 34 In its previous part, this article traced the development of the law, following the Privy Council’s decision in Barendra Kumar Ghosh v King Emperor, on the nature of participation required to hold an individual liable under Section 34 of the Indian Penal Code 1860 [IPC]. … Continue reading Returning to Barendra Kumar Ghosh – Part 2

Returning to Barendra Kumar Ghosh- The Group Liability Conundrum (Part 1)

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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)

Rethinking our Perspectives to Criminal Obscenity- From Moralism to Harm Principle

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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

On Section 91 Notices and the Razorpay Furore

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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

Possession Offences: Of Strict Liability and The Indian Judiciary’s Take

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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

Comparing the Procedure of CrPC with PMLA

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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

The “Presence of the Accused” Requirement under Section 34 of the IPC: An Analysis

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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

Why the Delhi High Court is Wrong to Deny Satyendar Jain his Right to Counsel

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By Abhinav Sekhri It appears that by an interim order passed on 03.06.2022, the Delhi High Court has stayed operation of a portion of an order passed by the Trial Court whereby it had directed that Satyendar Kumar Jain, who has been arrested by officers of the Enforcement Directorate and remanded to their custody for ten … Continue reading Why the Delhi High Court is Wrong to Deny Satyendar Jain his Right to Counsel

Resolving corporate successor liability through substantial continuity

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By: Shailendra Shukla Introduction The 21st century has seen a meteoric rise in the commission of white-collar crimes, which can be attributed to the rapid pace of technological advancement. Now, money can be transferred to any part of the world in seconds. Additionally, there is increased interconnectivity across the globe, which gives miscreants access to … Continue reading Resolving corporate successor liability through substantial continuity

Extending Privileged Communication to Live-in Partners: Protecting Mutual Trust

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By: Saumya Shankar & Pratik Rath Section 122 of The Indian Evidence Act states that spouses shall not be allowed to reveal any communication between them, except with the consent of the other. The bar is not just limited to communications of a confidential character rather, the provision is applicable to all communications between the … Continue reading Extending Privileged Communication to Live-in Partners: Protecting Mutual Trust

Victims and Bail — The Judgment in Jagjeet Singh v. Ashish Mishra?

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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?

Criminal Procedure (Identification) Bill 2022: A Necessary Evil?

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By Nishant Kumar INTRODUCTION The Criminal Procedure (Identification) Bill, 2022 got the approval of the President on April 18, 2022. The bill replaces The Identification of Prisoners Act, 1920 which allows the collection of identifiable information like fingerprints, footprints from the convicts. The primary motive cited behind the introduction of the bill is to increase … Continue reading Criminal Procedure (Identification) Bill 2022: A Necessary Evil?

Plea Bargaining: A Comparison Between USA And India

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By: Aditi Roy & Sanjana Gupta I.         Introduction Indian courts are bludgeoned under the growing number of criminal cases. The chronic delay in disposing of the cases has led to prisons filled with prisoners who are incarcerated without undergoing a trial. It was in response to this dismal status quo of the justice system that … Continue reading Plea Bargaining: A Comparison Between USA And India