-By Sudev Singh This is the second part of a two-part series. In the first part the author throws light on the case of Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case. An attempt has been made to highlight the importance of this case in the context of … Continue reading Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part II
-By Sudev Singh Introduction - Background of the Controversy Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case involved a bundle of petitions, pertaining to the purchase of Rafale Fighter aircrafts by the Indian Government from France. Opposition parties and leaders alleged that the deal entered into by the … Continue reading Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part I
-By Abhinav Sekhri This past week, a Three Justices' Bench had rendered its decision in the Tofan Singh reference [Crl. Appeal No. 152 of 2013, decided on 29.10.2020]. To recap, the reference had two questions placed before the Three Justices' Bench: Whether an officer of the central / state government investigating a case under the … Continue reading The Three Justices’ Bench decision in Tofan Singh
-By Anshul Ramesh and Andolan Sarkar Introduction Confessions play an important role while deciding on the future course of action that is required to be taken by the police and also while securing the conviction of the accused. Sections 25 and 26 of the Indian Evidence Act, 1872 (“Evidence Act”) proscribe the admissibility of confessional … Continue reading The Irrationality of Section 27 of the Indian Evidence Act, 1872
-By Vidushi Gupta Introduction Prisons and correctional facilities are an essential component of the criminal justice system in India. However, very little attention is paid to the state of the Indian prison system. Particularly neglected is the group comprising undertrials within these prisons. The issue of undertrial prisoners in India first came to light in … Continue reading The state of undertrial incarceration in India
-By Gunjan Shrivastav https://reischlawfirm.com/wp-content/uploads/2018/02/When-Can-the-Entrapment-Defense-Be-Used-in-a-Criminal-Case.jpg In this blog, it is argued that any evidence obtained by the police by way of a trap should not be admissible in a court of law. In the absence of any specific provision that restricts the admissibility of evidence procured by way of trap, the court should adopt an approach … Continue reading Need for exclusion of evidence obtained through entrapment in India
-By Kshitij Goyal and Kunal Gupta Introduction The Ram Janmabhoomi case has become a cause célèbre,a case which has garnered unprecedented public attention. The last part of the controversy got resolved on 30th Sept 2020 when the special court of CBI acquitted all the 32 accused in criminal dispute due to lack of evidence.What needs … Continue reading Analysing the exactitude of the acquittal in the Babri-Masjid demolition case
By- Oshi Priya Introduction India reports the highest number of acid attacks in the world with the least number of convictions. The graph of crime against women has seen an exponential rise in the past century. Acid attack, though not gender-specific, yet targets women in most of the cases. This crime is often used as an … Continue reading Repeated Refusal of Wife: A Mitigating Factor?
-By Tania Gupta Over time, our supposedly egalitarian society has nourished misogynist attitudes and beliefs and pushed ideologies that glorify the speaker as a maverick but inflict hatred on women for being as unfortunate as they are, to be women in men’s world. The laws that govern Indian women are dictated by social perceptions formed … Continue reading Misogyny In India: A Virulent Form Of Hate Speech
-By Nirvani Bhawsar and Karshin Malik Recently, Rehana Fathima who is a women's-rights activist from Kerala was booked under Section 13, 14 and 15 of The Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 (I.T.Act) and Section 75 of The Juvenile Justice (Care And Protection … Continue reading Locating Female Nudity in the Socio-Legal
By- Aditya Kumar Singh The Indian Evidence Act, 1872 has a strict distinction between fact and evidence, and for any document, electronic record, or oral testimony to become evidence and be considered during the final adjudication, it has to first satisfy three pre-conditions in evidence law, which can be formulated and structured as three doors … Continue reading Sting Operations In India: Reliably Admissible?
By Divyanshu Gupta Introduction In a recent report prepared by Adrian Zenz titled ‘The CCP’s Campaign to Suppress Uyghur Birthrates in Xinjiang’, it has come to light that China is forcing Uyghur women, a Muslim ethnic minority population in Xinjiang, to be sterilized and take birth control measures to curb its population. Adrian Zenz is … Continue reading China forces birth control on Uyghur Community: violation of International Law Principles
By Sangita Sharma & Sayan Chandra Introduction Genetic Discrimination has acquired the platform for techno-social discussion for quite sometime now especially with the advent of life insurance companies excluding patients from their policy based on their genetic pre-disposition to any particular health condition. Such an act hits the basic tenet of rights of equal treatment … Continue reading Criminalizing Genetic Discrimination in India
By AbhinavGoyal &Meghna Nimbekar The criminal law of our country has become rather static and this is attributable to the neglect of the Supreme Court of India in considering the jurisprudential questions which relate to crime and punishment. The Court is content in using its discretion by interpreting the law as it is, and does … Continue reading Evaluation of Death Penalty in Modern Penology: A case for abolition
By Mohd. Kumail Haider “Children are not things to be moulded, but are people to be unfolded.” -Jess Lair Cohesive Structuring- The United Nations General Assembly adopted the United Nations Standard Minimum Rules for the Administration of Juvenile Justice on 29th November, 1985. These Rules are commonly referred to as the Beijing Rules. Clause 4.1 of … Continue reading “Expounding Juvenile Culpability: Muddling Between Heinous and Serious Crimes”
By Rashika Bhardwaj & Prasoon Introduction The Prisons Act of 1894 (PA) and the Prison Statistics India reveal how mental health is not a lesser discussed issue in just the society, but it has largely been ignored by the government and especially the prisons of India. When the prison statistics released by the National Crime … Continue reading Mentally Ill Prisoners & their Rights
By Aniket Panchal and Diya Vaishnav Introduction "It is forbidden to kill; therefore, all murderers are punished unless they kill in large numbers and to the sound of trumpets." This distinct quote by a French Writer Voltaire exposes a jarring truth in the realm of the domestic legislation of India. The substantive law of India … Continue reading India’s blow to Humanity- Ignorance of Genocide and Prearrangement of Impunity
By Ansh Karnawat Introduction: Trials in India suffer from many flaws, but at the root of it all is the failure of foresight, easily visible from the growing divide between the intentions of lawmakers and their results, between their policies and the ground realities. The fundamental right to speedy trial under Article 21 of the … Continue reading Killing Many Birds with One Stone–Curing the Trials in India.
By Prachi Agarwal Abstract This article deals with some basic concept of identification of an accused person. Firstly, the author here is trying to elaborate on the importance of identification of accused person with reference to Section 9 of the Indian Evidence Act, 1872 (hereinafter referred to as “IEA”). Sometimes the crimes are committed under … Continue reading CCTV footage: A silent witness
By Shikhar Aggarwal Introduction The recent Supreme Court judgment, transferring the probe into the unnatural death of actor Sushant Singh Rajput and the surrounding circumstances, to the Central Bureau of Investigation (CBI), is being hailed as a victory for the public sentiment attached with the aftermath of his death. On the other hand, some believe … Continue reading Has the Supreme Court set an erroneous precedent by transferring Sushant’s death probe to the CBI?
By Abhinav Sekhri On August 11, the Supreme Court had requested the Allahabad High Court to expeditiously decide the habeas corpus petition filed by Nuzhat Perween for her son, Dr. Kafeel Khan. The petition challenged orders for his preventive detention under the National Security Act of 1980 (NSA) that were passed on February 13, 2020. … Continue reading Dr. Kafeel Khan and Our Punitive Preventive Detention Law
By Abhinav Sekhri On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State (Narcotic Branch of Delhi) [SLP (Crl.) Diary No. 39528/2018 decided on 31.08.2020, along with other batch matters]. The Constitution Bench had been assembled to decide on the correctness of a Three Justices' Bench decision of … Continue reading The Constitution Bench Judgment in Mukesh Singh — A Sensible Retreat from Automatic Bias
By Shivjeet Parthasarathy The deaths of George Floyd in the US, and Jayaraj and Bennix in India have resulted in significant outcry against the power wielded by the police. In light of these events, the right to have a lawyer becomes much more relevant as it is an important check on police power. The right … Continue reading Constitutional Failures of the CrPC: An Analysis of S. 41D and An Accused’s Right to Legal Counsel
By Ashna D. Introduction Most societies perceive the rights of accused persons as diametrically opposite to the rights of their victims, and our society is no different. In January 2020, the central government urged the Supreme Court to issue ‘victim-centric’ guidelines in death penalty cases, suggesting that the present framework adopts an overly ‘accused-centric’ approach. … Continue reading The ‘othering’ of death row prisoners and their victims: two sides of the same coin
By Aneesha Sondhi The high number of accidents and deaths that take place due to potholes is appalling. There exists a lot of red-tapism and the authorities often absolve themselves from taking responsibility in such incidents. Municipal Corporation of Delhi (“MCD”) blames the Delhi Development Authority (“DDA”), DDA blames some other unknown vehicle and so … Continue reading Deaths due to potholes: Need to invoke Criminal Liability
By Aaj Sikri "COVID-19 descended without a warning. We limited the number of lawyers, sanitised the courtrooms et al. However, access to justice cannot be suspended even if there is a lockdown"-Justice D.Y. Chandrachud INTRODUCTION: COVID'19 being the most unprecedented situations of all time, has impacted not only country’s economy but the legal functioning … Continue reading Different stages of criminal trials that are impacted by covid’19
By Krishnagopal Abhay , In late February, a PIL was filed in the Delhi High Court by Mr. Harsh Mander, seeking registration of FIRs against several political leaders for alleged inflammatory speeches, which as per him instigated the riots in North-East Delhi. In the affidavit submitted by Delhi Police, inter-alia, the maintainability of the PIL … Continue reading Inflammatory Speeches during Delhi riots: why even ‘Lalita Kumari’ can’t make High Courts direct the registration of FIRs
By Abhinav Sekhri (This is the fourth part of a multi-part series. Previous posts discussing Tofan Singh can be accessed here) The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") … Continue reading The Tofan Singh Reference — Part 4: Summing Up
By Merrin Muhammed Ashraf Capital sentencing practice in India is in a broken state and in the words of the Law Commission, death penalty is being imposed ‘arbitrarily and freakishly’ by the courts. Since our penal laws do not provide for mandatory death penalty for any offence, the sentencing court has the onerous task of … Continue reading Need for Mitigation Investigation in Death Penalty Cases in India: A Step to Ensure Individualized Sentencing
By Abhinav Sekhri The previous two posts in this series have discussed the facts in Tofan Singh, the relevant statutory provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 [NDPS] and the Criminal Procedure Code 1973 [Cr.P.C.], and also the first proper issue posed in the reference: Whether officers of the central and / … Continue reading The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act
By Abhinav Sekhri, Shashwat Bhutani and Rishabh Narain Singh This blog has introduced the scope of the reference in Tofan Singh and the statutory context of the NDPS Act. Which means that we can straightaway jump in to discuss the first question: Whether an officer who investigates a case under the NDPS Act is a "police officer", … Continue reading The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?
By Vedantha Sai and Winy Daigavane Introduction The International Criminal Court can exercise jurisdiction over Heads of States (“HoS”) not party to the Rome Statute provided the alleged offences are committed in the territory of State Party. However, the problem arises in the enforcement of such jurisdiction as it involves State-to-State interactions in the process … Continue reading The seesaw exercise of Immunity obligations under International (Criminal) law outside the ‘Security Council route’
By Somyajit Mohanty Introduction “There is a great deal of laziness in it. It is far pleasanter to sit comfortably in the shade rubbing red pepper into a poor devil’s eyes than to go about in the sun hunting up evidence.”[1] A three-judge bench of the Supreme Court of India, in the case of Aghnoo … Continue reading Aghnoo Nagesia v State of Bihar: analysing section 25 of the Indian Evidence Act, 1872
By Gaurangi Sharma and Nitya Saxena “Why do I have to wear toe rings?” a 5-year old Bulbbul asks her aunt. “There is a nerve there which if not pressed, girls fly away”, she answers. “Like a bird?” Bulbbul asks in amaze. “No, it’s to control you,” her aunt swiftly replies. Bulbbul, a minor gets … Continue reading Bulbbul: Myth Of A Witch
By Abhinav Sekhri In this first substantive post, the focus is on getting the facts straight. The legal issues that are bound to be raised turn on some very specific facts, and so it is critical to be sure of just what had happened in Tofan Singh. After having set out the facts, the post … Continue reading The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act
By Shubhankar Tiwari and Snehil Tiwari Introduction On June 30, 2020 the Chinese Parliament unanimously passed the national security law titled - ‘The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR)’. The new law was passed just an hour before the Hong Kong Day … Continue reading National Security Law 2020: a tool for curbing dissent and massacring Hongkong’s autonomy
By Harpreet Singh Gupta and Sahil Raveen Late Sushant Singh Rajput, an actor with pan India following, was found hanging on June 14 at his Bandra residence. The unnatural death is raising a number of questions in relation to the power of police to investigate a cognizable offence. After Sushant’s death, Bandra police filed the … Continue reading Sushant Singh Rajput matter: Continuing dilemmas in Investigation
By Mahima Balaji On the night of 16th of April 2020, three men were attacked in the district of Palghar in Maharashtra, India. The men were dragged out of their vehicle and were subjected to brutal violence due to suspicion of them being thieves. The mob that attacked them is estimated to be over 100 … Continue reading Palghar, Alwar and Beyond: The Anatomy of Lynching Necessitating a Legal Framework
By Abhinav Sekhri (This post is the seventh part in a multi-post series. For previous posts, see here) A long time ago, this multi-part series studying the long historical arc of Section 144 Cr.P.C. had reached the decade leading up to India's independence and the coming into force of the Constitution of 1950. This post … Continue reading Section 144 Cr.P.C. — Part VII: Same Old, Same Old? (1950 to 1960)
By Anuj Shukla and Govind Gehlot INTRODUCTION A high voltage political drama unfolded in the state when the CM Ashok Gehlot of congress-led Rajasthan government accused BJP of toppling their MLA’s with bribe, while Deputy Chief Minister Sachin Pilot along with 30 supporters alleged the Government to be in minority. Government pressed the charges against … Continue reading Sanctions to prosecute MPs and MLAs : An analysis
By Aparna Singh The above question posed by the late Justice V R Krishna Iyer in the year 1980, unfortunately, still remains unanswered. The recent incident of the egregious killings of Jayaraj and his son Bennix inside a police station in Thoothukudi, Tamil Nadu, has once again led to a public clamour against the excesses … Continue reading Who Will Police the Police?
By Ayushi Mishra & Gunjan Mehta Introduction The past decade has seen an unprecedented growth of information technology, computational power, and cellular network. This growth has to be contextualized and seen from the spectrum of an increased collection in the generation and dissemination of data, to the extent that experts have termed data as … Continue reading A deal violating Privacy Rights in the COVID veil
By Abhinav Gupta Introduction Bail can be defined as a security such as personal bond or surety, required by the courts for the release of a person accused of committing a crime from custody. The accused, however, must appear before the court for future hearings.Bail is provided as a matter of right and is only … Continue reading Critical appraisal of Bail law under §43d(5) of the Unlawful Activities (Prevention) Act, 1967
By Arush Mittal Introduction Sudan has recently seen a landmark development concerning the rights of women, as the Sudanese government has recently ratified and criminalized the draconian practice of Female Genital Mutilation (‘FGM’). In the past, the transitional government had been working to curb this widespread practice and in turn, approved the draft legislation after … Continue reading Criminalization of the practice of FGM in Sudan: A Ray of Hope
By Riya Karkera What is one’s biggest fear when sending a sexually explicit image of oneself to another? Is it that in the wrong hands, these images could be sent out widely, and could be used to harass, humiliate and extort oneself? Well, what if one was told that this is not the worst outcome … Continue reading Our laws for Sexting: Round pegs in a square hole?
By Abhinav Sekhri Introduction The Indian law school experience revolves around the idea of submitting "projects" or "assignments". At the start of the 5-year marathon, many of us used to be petrified about the idea of failing to submit the assignment beyond the "Last Last Day" — the last permissible date for handing in the … Continue reading Criminal Law Reform — Many Misgivings, and the Long, Uncertain, Road Ahead
By Keshab Roy Choudhury Introduction In the first part of this two part piece, we saw that the Court’s use of its inherent powers under S.482 of the CrPC in allowing the settlement of non-compoundable offences frustrated the statutory scheme of the CrPC and the policy considerations of the Legislature. In this part, I shall … Continue reading Running Roughshod Over Legislative Concerns and Entrenching the Public- Private Dichotomy- Scrutinizing the Inherent Powers of the High Court Under S.482 of the CrPC – Part II
By Keshab Roy Choudhury Introduction The Supreme Court of India (‘SC’), in some legal and academic circles, is regarded as ‘the world’s most powerful Supreme Court'. However, it can easily be argued that the High Courts (HC’s) have equal, if not more, power vis-à-vis the SC. First, the jurisdiction of the HC under A.226 of … Continue reading Running Roughshod Over Legislative Concerns and Entrenching the Public- Private Dichotomy- Scrutinizing the Inherent Powers of the High Court Under S.482 of the CrPC – Part I
By Sahibnoor Singh Sidhu Introduction The Delhi High Court via an order in the case of BablooChauhan v. NCT of Delhi(247 (2018) DLT 31) had requested the Law Commission of India (“LCI”) to examine the issue of relief and rehabilitation of victim of wrongful prosecution and incarceration. The High Court was of the strong opinion … Continue reading Neither bail nor a remedy to avail- the ignorance of the government towards the 277th report of the Law Commission of India
By Akshita Tiwary Introduction Incest is defined as the sexual relationship between close blood relatives who are forbidden by law to marry. While many developed nations around the world have criminalised incest, the Indian Penal Code contains no specific provision against this crime. This article aims to analyse why it is imperative to have a … Continue reading The Need to Criminalize Juvenile Incest in India
By Abhinav Sekhri A Three Justices' Bench of the Supreme Court delivered a much-awaited decision in Arjun Panditrao Khotkar v. Kailash Kushanrao & Ors. [Civil Appeal Nos. 20825-26 of 2017, decided on 14.07.2020 ("Arjun Panditrao")]. The issue referred to the Three Justices was an apparent conflict that had emerged in the position of law on the … Continue reading The Supreme Court, 65-B Certificates, and Electronic Evidence
By Vibhore Yadav Introduction Modern money laundering essentially relies on legitimate businesses characterised by a large cash-flow and complex, anonymous transactions that are difficult to trace in order to convert proceeds from illegal activities into ‘clean’ money which can be used for legitimate purposes. Historically, businesses such as retail outlets, restaurants, rental companies, casinos etc. … Continue reading Online Gambling and the Regulation of Money Laundering
By Paras Marya (This is in response to the previous post regarding retaining S.309 of the IPC and its validity presently in India (found here). In the post, it was argued that S.309, IPC serves another purpose and therefore, shall not be completely scrapped from the IPC. The following post provides a different perspective on … Continue reading Why Penalisation of Attempt to Commit Suicide is Not the Solution: A Response
By Abhinav Sekhri On July 10, the Delhi High Court delivered its judgment and final order in a petition filed by Sharjeel Imam [Crl. M.C. 1475/2020] challenging the order passed under Section 43-D(2) of the UAPA, by which the police have been granted additional time to complete the investigation in a case filed against him. The extension … Continue reading Snippet: The Delhi High Court Order In Sharjeel Imam’s Case
By Aditya Saraswat Introduction The number of women prisoners is constantly rising in India; however, the male-centric prison system in the country is denying some crucial rights to them which are extremely necessary for their reformation. One such right is the access to Open Jails. There is apparent discrimination in the selection procedure of inmates … Continue reading Open Jails for Women: The Disguised Discrimination
By Gahna Rajani and Himanshu Bhargava Introduction J Jayaraj and Bennix Immanuel were subjected to brutal torture in police custody and later succumbed to death. This was not the first incident. The prisoners in India have been subjected to torture and violence for a long time. The apex court has issued several guidelines in the … Continue reading Police in India: Protectors against Injustice or Perpetrators of Injustice?
By Akshay Shekhawat & Bhaskar Agarwal Introduction The tragic death of a young actor has once again sparked the debate around mental health and suicide. India, apart from being the country with the highest number of suicides, is also witnessing an upward trend in suicide cases with 230, 316 deaths alone were recorded in the … Continue reading Why Penalization of Attempt to Commit Suicide is Still a Valid Law?
By Mayank Udhwani and Ragini Agarwal An investigation into whether the highly acclaimed crime thriller had an element of truth on the basis of real cases from Indian Courts. [SPOILER ALERT] When Pataal Lok released on Amazon Prime, it received raging reviews for its fast-paced, engrossing narrative and stellar acting performances. The crime-thriller also irked … Continue reading Paatal Lok: Fact or Fiction?
By Abhinav Sekhri India's primary anti-terror legislation, the Unlawful Activities Prevention Act 1967 ["UAPA"] continues to make headlines as a legislation reportedly used to stifle dissent and legitimate criticism of India's central government, even as the world grapples with the Coronavirus. This has, justifiably, prompted a rise in the conversations around the UAPA. "Unlawful Activity" … Continue reading Snippet: “Unlawful Activity”, the 1967 UAPA, The Attorney General, and a “Ministry of Astrology”
By Mehar Kaur Arora No individual has the right to take the life of another unless done in accordance with the due process of law and in the best interest of the general public. The Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) has been criticised heavily for its stringent punishments, including that of … Continue reading Death Penalty under Section 31A of NDPS Act, 1985.
By Shantanu Pachauri A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that while the former is granted after an arrest, releasing a person from the custody of the police, the latter is granted in anticipation of arrest and is … Continue reading Anticipatory Bail and Children in Conflict with Law
By Tanvi Rahim and Sannidhi Buch The 2019 Amendment “There can be no keener revelation of a society’s soul than the way in which it treats its children.” -Nelson Mandela Sexual abuse of children is a dark reality which is prevalent in several countries. A recent review of 55 studies from 24 countries found that … Continue reading The 2019 Amendment to POCSO: A Socio-Legal Analysis
By Abhinav Sekhri Forgive the plain title as this writer is at his wits' end, exhausted, after a week-long wild goose chase. The object of my search? The meaning of "Anti National" in context of the law. The immediate cause behind this exertion was set of the guidelines issued by the Delhi High Court's High … Continue reading What’s in a Name? A Lot, Especially if that Name is “Anti-National”
By Shivangi Pandia Remember our parents telling us about the term “stranger danger” and the risk that we might be exposed to on the internet? Today the youth is facing much more insidious threats to its emotional and mental health with the menace of cyber flashing. Have you ever come across a situation when you … Continue reading Stranger Danger: Making a Case for Cyber Flashing as a Crime
By Shubhra Agarwal and Anusha Agarwal INTRODUCTION The Information Technology Act, 2000 has been contentious legislation since its enactment. The Act gave a new direction to how cyber-crimes are dealt with in India. However, the question we ask today is whether it fits satisfactorily in the current scenario or does it require revision. One particular … Continue reading Section 67 of IT Act 2000: Scope, Misuse and the Striking Inadequacy
By Abhiraj Das and Nihal Deo Sudan has in April 2020 banned and criminalized Female Genital Mutilation. India is also no less a victim of the practice, but the absence of special legislation and inadequacy of the existing laws has allowed FGM to persist in silence. What is FGM? WHO has defined Female genital mutilation/Cutting … Continue reading Female Genital Mutilation: When Will India Take Concrete Steps?
By Sezal Mishra INTRODUCTION The ‘loaf of bread’ example has frequently been employed in philosophical discussions of necessity. The classic problem is often posed as "Would you steal a loaf of bread in order to feed your family?" and is what is known as a moral dilemma. However, a legal solution to the moral conundrum … Continue reading COVID-19 – XVII: Survival Crime in the Time of Coronavirus
By Abhinav Sekhri “81. As mentioned in para 37 of this judgment, while addressing his arguments on the ideology nourished and nurtured by the detenue, the learned Advocate General submitted that such ideology cannot be confined or limited to time to qualify it to be called stale or fresh or proximate, unless, of course, the person … Continue reading Preventive Detention and the Dangers of Volcanic, Ever-Proximate, Ideologies
By Ranjeet Soni and Rohit Shrivastava INTRODUCTION “Success in creating AI would be the biggest event in human history. Unfortunately, it might also be the last unless we learn how to avoid the risks.” -- Stephen Hawking In the twenty-first century, technology’s role in the domain of healthcare has grown leaps and bounds. Previously in this … Continue reading Emanating Consequences of AI in Healthcare- Ethicality and Legality
By Abhinav Sekhri In almost any prosecution, the property used to commit a crime becomes case property (a murder weapon). In some kinds of prosecutions, this extends to locking down the site of criminal acts (a brothel or a gaming house). There are also other prosecutions, such as those for money laundering, where a major focus is on identifying … Continue reading Attachment of Property, Freezing Orders, and PMLA Investigations: The Need for Reasonable Exclusions
By Neelabh Niket On 2nd March 2020, the Constitutional Court of Colombia with a 6-3 motion refused to change the status quo of the restrictive abortion laws in the country which allowed the practice of abortion only on selected grounds. While doing so, the Apex Court missed a golden opportunity in heralding a transformative trend … Continue reading Columbia Constitutional Court’s Judgment on Abortion: A Missed Opportunity
By Jayanta Boruah INTRODUCTION Protection of forests is both a responsibility of the state[1] and a duty of the citizens[2] in India. It is even a moral obligation of the entire humanity to protect and conserve the forests since they provide with the basic necessities for surviving on this Planet. Moreover, at present conservation of … Continue reading Environmental Crimes in the Forests of Kamrup District, Assam
By Pramothesh Mukherjee Two individuals enter into a contract of services, however, due to unforeseen circumstances, it so happens that the fulfilment of such contract turns out to be equally fruitless to both. They ‘agree to end’ the contract; as a result, neither party is obligated to perform their contractual duties. In essence, they agree … Continue reading Section 120A of the Indian Penal Code: At the Cusp of Civil and Criminal Jurisprudence
By Rishav Devrani and Poojan Bulani INTRODUCTION The Sudanese government on April 22, 2020, made an announcement criminalizing the long-followed practice of Female Genital Mutilation/Cutting (hereinafter ‘FGM/C’) by amending its Criminal Law Article 141. A WHO report shows that more than 200 million women and girls alive today have undergone the practice of female genital … Continue reading Sudan’s Criminal Law Amendments and the State of Women’s Rights
By Diksha Singh “Adherence to the constitutional principle of substantive due process is an integral part of our collective response to terrorism. We must uphold the right of fair trial for all individuals, irrespective of how heinous their crimes may be.”[i] Terrorism persists as an iniquitous operation in society that has shaken the entire human … Continue reading UAPA, 1967: A Draconian Law to Combat Terrorism
By Shailendra Shukla and Yash More Introduction The word “appeal” is not defined in the Criminal Procedure Code, 1973 (“Cr.P.C”). As per the Black Law's Dictionary[i], an appeal is defined as “a complaint to a higher tribunal of an error or injustice committed by a lower tribunal, in which the error or injustice is sought … Continue reading Section 378 CrPC: Impediments to Justice faced by Appellate Courts
By Anurag Mohan Bhatnagar and Manvendra Shekhawat Introduction We live in an era in which, almost every crime has an electronic component involved, and be it a computer or mobile phones or even a small SD Card. Mobile phones, laptops, computers can be used for carrying out crime and can further be helpful for investigating … Continue reading The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?
By Bodhisattwa Majumder and Ritika Acharya A pandemic does not discriminate on the basis of class, community or character and strikes every section of the society equally. However, the precautions one can take against the virus are highly prejudiced and biased based on an individual’s financial, social and geographical position in the society. While society … Continue reading COVID-19 – XVI: Monitoring the Prisoners Beyond the Prisons: GPS Tracking for Interim Bails/Paroles
By Milind Rajratnam and Srishti Bhargav Introduction The healthcare workers across the world are most susceptible to workplace violence, but still their concerns are least discussed and deliberated upon. According to the World Health Organization, around 8% to 38% of healthcare workers suffer physical violence at some point in their careers. A study conducted by … Continue reading COVID-19 – XV: Atrocities against Healthcare Workers- Why India needs a Comprehensive Legislation?
By Abhinav Sekhri (This is the sixth post in a multi-part series. The earlier posts can be accessed here) The two previous posts in this series charted the slow but determined emergence of Section 144, in what was the Criminal Procedure Code of 1898, as an integral part of the toolkit of repressive laws that was … Continue reading Section 144 Cr.P.C. — Part VI: Continuity and Change (1941 to 1950)
By Kaartikay Agarwal “It is the power of punishment alone when exercised impartially in proportion to the guilt, and irrespective of whether the person punished is the King’s son or an enemy, that protects this world and the next” – Chanakya Reformation of a Penal Code based on 19th-century Victorian ideals has been a constant process … Continue reading Conceptualizing a Kautilyan Criminal Justice System
By Shivam Mishra and Dharmesh Basedia In the concluding part of the bipartite blog series, the authors continue their discussion on the undesirable effect of Indian sentencing policy in the constitutional touchstone. An imperative analysis of the Constitutional touchstone has been followed by suggestions including the adaption of measures enshrined under the Coroners and Justice … Continue reading Sentencing Policy of India: A Critical Analysis and Suggestions [Part II]
By Shivam Mishra and Dharmesh Basedia In the opening part of this bipartite blog series, the co-authors take a gestalt perspective to carefully analyze the sentencing policy of India, its evolvement and ranging wide discretion power entrusted to judges. The compelling concern of such wide range power and its effect in the form of different … Continue reading The Sentencing Policy of India: A Critical Analysis and Suggestions [Part I]
By Abhinav Sekhri [This post first appeared on the author's blog, 'The Proof of Guilt'.] I've put out a short primer/paper (made with friends) explaining the basics about mobile phones and criminal investigations. This is meant to help convey the legal issues that arise in the context of the following: (i) seizure of a phone by … Continue reading Mobile Phones and Criminal Investigations
By Samarth Srivastava INTRODUCTION In today’s globalised world, Non-Resident Indians (NRIs; Indian citizens who work overseas on a visa and are actually Indian citizens) and Persons of Indian Origin (PIOs; people who live overseas and are Indians by descent) form an important part of the economic and social prosperity of many countries across the globe. … Continue reading Parental Child Abduction and the Extraordinary Application of s.188 CrPC.
By Livie Jain How feasible is it to protect the rights of owners by legally recognising the theft of information? In the recent annual report on Cyber Safety Insights, the country director of NortonLifeLock, Ritesh Chopra has flagged concerns regarding increasing instances of data theft and the complacent attitude of people when it comes to … Continue reading Barriers to Recognition of Information Theft
By Abinand Lagisetti Introduction One of the most fundamental characteristics of the complex Indian Criminal Law framework is the presumption of innocence bestowed upon the accused by the Courts and the burden of proof conferred upon the prosecution to prove the accused’s guilt. This principle was borrowed from English criminal law system and has been … Continue reading Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty
By Mitali Kshatriya The news is replete with instances of violation of advisories issued by the government to prevent the spread of coronavirus. In the wake of such delinquencies, the state governments are resorting to various penal provisions under the Indian Penal Code (The Code or IPC). s.307 is one of the various sections being … Continue reading COVID-19 – XIV: Examining the Use of ‘Attempt to Murder’ in Times of COVID-19
By Lalit Ajmani It is quite common to witness vexatious litigations that are devised solely to harass and torture the other party. Resultantly, the innocently accused person has to suffer a great ordeal of defending the criminal/civil case and sometimes gets defamed by the vexatious litigation initiated by the other, both for no reasons. Law … Continue reading Different Timelines for Different Defamation Cases
By Arjit Mishra Gender neutrality is a concept that postulates the eradication of distinction between different sexes in the drafting and execution of laws. It aims to make every citizen entitle to equal rights, for example, equal protection of the law, etc. without distinguishing on sex. As regards, rape laws, it aims to exterminate the … Continue reading Gender Neutral Rape Laws: Need of the Hour
By Bhoomika Agarwal Policemen so cherish their status as keepers of the peace and protectors of the public that they have occasionally been known to beat to death those citizens or groups who question that status. - David Mamet The events that took place in the last few months have raised a very essential question … Continue reading Law Against Police Brutality
By Nayan Grover Narcotics Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) is a Sue Generis Code and thus anything provided in this act will prevail over the general law. The offences under the NDPS Act are considered to be of more serious nature than usual and also viewed with more scrutiny by the courts. … Continue reading Whether Section 37 of NDPS Act Renders the Provision of Anticipatory Bail Infructuous
By Sri Hari Mangalam Introduction Three Strikes and you are out, a common baseball phrase is also the underlying principle for criminal penalties in America. The measure originally enacted to curb the increase in violent crimes across the country is as of now, centred in a few states. California passed the law in 1994, in … Continue reading Three Strikes and You’re Out: Indian Criminal Legislation Needs Baseball Rules?
By Himanshu Tyagi The Supreme Court of India recently emphasized on the need of having special public prosecutors in the case registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Hon’ble Court observed that the prosecutors must be trained to deal with child witness in sexual harassment cases. As we all … Continue reading The Credibility of Child Witnesses
By Sneha Singh Introduction The lockdowns following the COVID-19 pandemic have surged up the number of domestic violence cases among many countries worldwide. The populations were directed to stay indoors at their respective homes as it had been proved to be an effective measure for fighting against the coronavirus. While stopping the spread of the … Continue reading COVID-19 – XIII: Domestic Violence: The Unseen Crisis of the Pandemic
By Abhinav Sekhri On 22.04.2020, Ordinance No. 5 of 2020 was passed to amend the Epidemic Diseases Act, 1897. It was a response to the most recent pleas by medical professionals for greater legal protection against physical attacks. I say most recent because this issue has been raised on many a prior occasion, but it only seems to have assumed critical importance … Continue reading COVID-19 – XII: Some Thoughts on the Ordinance to Protect Health Care Workers
By Alivya Sahay and Raj Krishna INTRODUCTION On 23rd January 2020, the International Court of Justice in a landmark ruling has directed the state of Myanmar to cease all atrocities and human rights violations against the Rohingya Muslims. It is interesting to note that for the very first time the ICJ has heard a genocide … Continue reading Gambia v. Myanmar: Critical Analysis of the ICJ Ruling on Rohingyas
By Pallavi Diwakar and Stuti Bhargava Introduction- Situation around the Globe “While there is no doubt as to the fact that our homes provide safety against the onslaught of this growing pandemic, what protects us from the abuse that we face at the hands of our near and dear ones?” While a lot of facilities … Continue reading COVID-19 – XI: Domestic Violence: An Essential Byproduct of COVID-19?
By Abhinav Sekhri On April 22, 2020, a Three Justices' Bench of the Supreme Court decided a reference made to it in Hira Singh [Crl. Appeal No. 722 of 2017, decided on 22.04.2020]. The primary issue before the Court was the correctness an earlier decision by a Two Justices' Bench of the Supreme Court, E. Micheal Raj v. Intelligence Officer [(2008) … Continue reading There are No Right Answers: The Supreme Court and the Purity / Mixture Debate under the NDPS Act
By Keshab Roy Choudhury Introduction The concept of justice is an ever-elusive one. What exactly does one mean when they say they want justice? In the Indian context, the concept of ‘instant justice’ has entered the discourse again post the rape and murder of a 26-year-old doctor in Hyderabad last year. This ‘instant justice’, in … Continue reading Deconstructing Section 46(3) of the CrPC: A Tacit Approval for Encounters
