Category: criminal procedure

Witness Protection Under Section 398 of BNSS: A Milestone or a Missed Opportunity?

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-Preet Chawla The enactment of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks an important development in the Indian criminal justice system. Under this list of provisions, the only one which is distinctly different is that of Section 398, which introduces an express reference to witness protection under general criminal law. Limited safeguards for witnesses have … Continue reading Witness Protection Under Section 398 of BNSS: A Milestone or a Missed Opportunity?

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

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

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

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

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