Category: CrPC

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

~ The Criminal Law Blog ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

-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?

~ cclsnluj ~ Leave a comment

-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?

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

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

- 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

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

~ cclsnluj ~ Leave a comment

-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?

REAFFIRMING THE LIBERAL BAIL JURISPRUDENCE

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

- 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

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

- 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

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

~ cclsnluj ~ Leave a comment

-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 

The Section 187 Dilemma in the New CrPC

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

-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

Right to Counsel During Police Interrogation: An Analysis

~ cclsnluj ~ Leave a comment

~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

~ cclsnluj ~ Leave a comment

~ 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

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

~ cclsnluj ~ Leave a comment

~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.

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

~ cclsnluj ~ Leave a comment

-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

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

~ cclsnluj ~ Leave a comment

-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

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

~ cclsnluj ~ Leave a comment

-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 “

Procedure in the Trial of Counter/Cross cases

~ cclsnluj ~ Leave a comment

-Nehaol Sri L V Two criminal cases with conflicting versions arising out of the same incident are called as counter or cross-cases[2]  These cases represent opposing views of the same incident happening at the same time and space, and are usually seen at the level of trial courts. There is no standard definition or procedure … Continue reading Procedure in the Trial of Counter/Cross cases

CHALLENGING THE LEGALITY OF REMISSION IN BILKIS BANO CASE

~ cclsnluj ~ Leave a comment

- 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

Circumstantial Evidence as a Mitigating Factor

~ cclsnluj ~ Leave a comment

- 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

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

-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

~ cclsnluj ~ Leave a comment

-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

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

~ cclsnluj ~ Leave a comment

~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 

~ cclsnluj ~ Leave a comment

~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 

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

~ cclsnluj ~ Leave a comment

~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?

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

~ cclsnluj ~ Leave a comment

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

TAKING BACK JUSTICE: A CRITICAL APPRAISAL OF SECTION 321 OF THE CRIMINAL PROCEDURE CODE

~ cclsnluj ~ Leave a comment

By: Milind Malhar Sharma INTRODUCTION Public Prosecutors play important roles like representing the state and are charged with proving the guilt of the accused in the criminal justice system.. This points us towards an interesting set of questions – should public prosecutors be allowed to withdraw criminal cases from prosecution leading to potential criminals not … Continue reading TAKING BACK JUSTICE: A CRITICAL APPRAISAL OF SECTION 321 OF THE CRIMINAL PROCEDURE CODE

Assessing the Quality of Legal Aid: Need for A Uniform Legal Framework

~ cclsnluj ~ 1 Comment

-By Harsh Panwar Introduction Access to legal aid is considered a pertinent issue by the stakeholders in the criminal justice system. However, much of the conversation on legal aid mechanisms have only been centred around access to legal aid to an accused. At the same time, there exists hardly any conversation around guaranteeing the ‘effectiveness’ … Continue reading Assessing the Quality of Legal Aid: Need for A Uniform Legal Framework

Crackdown on Dissent : A Call for Reform and Action

~ cclsnluj ~ Leave a comment

- By Shraddha and Yana Gupta (This article is the second part of a two-part series) Introduction India is a democratic nation and recognition of dissent remains a sine qua non of a true and a living democracy. However, grave misreading of law coupled with dubious intents on the part of the Indian government has … Continue reading Crackdown on Dissent : A Call for Reform and Action

Weaponizing the Law to Stifle Dissent

~ cclsnluj ~ Leave a comment

-By Shraddha and Yana Gupta (This article is the first part of a two-part series) Introduction In theory India remains a democratic country where its citizen have a constitutional right to speech and expression, but the authors of this article contend that our practice does not match to the high standards set by the democratic … Continue reading Weaponizing the Law to Stifle Dissent

Anticipatory Bail in Offences under CGST Act: A Developing Jurisprudence

~ cclsnluj ~ Leave a comment

-By Nitesh Mishra The Central Goods and Services Act, 2017 (“the Act” or “CGST Act”) ushered in a novel tax regime in India. Section 132 of the Act has prescribed certain offences which attract punishment in accordance with the provisions of the Act. Owing to the recent enactment of the Act, there does not exist … Continue reading Anticipatory Bail in Offences under CGST Act: A Developing Jurisprudence

Marry your rapist: An unending saga of compromise in Rape Cases

~ cclsnluj ~ Leave a comment

-By Harshita Dixit Introduction Recently a Supreme Court bench headed by Chief Justice of India S.S. Bobde asked a rape accused to marry her victim. The accused, who is a state government employee, is facing charges for repeatedly raping his relative- when she was a minor. The apex court was hearing a petition against an … Continue reading Marry your rapist: An unending saga of compromise in Rape Cases

Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity

~ cclsnluj ~ Leave a comment

-By Atreya Chakraborty and Aurin Chakraborty Introduction The Latin maxim of Ubi Jus Ibi Remedium embodies a settled principle of common law which essentially means that ‘where there is a right, there is a remedy’. It envisages the establishment of an equitable legal mechanism wherein, every grievance must have a remedy in law. A wider … Continue reading Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity

Crafting Accessible Remedies to deal with Multiple FIRs and Complaints

~ cclsnluj ~ Leave a comment

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

Victim Assistance in India: Broadening the Scope of Victim Reparations in the Criminal Justice System

~ cclsnluj ~ Leave a comment

-By Tanisha Prashant Introduction The justice system does not provide any succor to the victims of crime. The concept of fair trial and justice embodies in itself a triangulation of rights and interests of the accused, the victim and the society. Under an adversarial system, the rights of the community and the accused are exhaustively … Continue reading Victim Assistance in India: Broadening the Scope of Victim Reparations in the Criminal Justice System

Parole in India – Current state and the Need for Reforms- II

~ cclsnluj ~ Leave a comment

-By Tanish Arora and Hardik Batra (This article is the second part of a two-part series.) The Need for Reforms and Suggestions As observed in the previous part, the subjectivity and non-uniformity in the procedure to increase the scope of rehabilitation and reformation throughout the country leads to significant confusion and differentiation. It is owing … Continue reading Parole in India – Current state and the Need for Reforms- II

Preventive Detention: Anarchical Law

~ cclsnluj ~ Leave a comment

-By Kumar Kartikeya and Avinash Kumar Yadav Preventive detention implies holding an individual in custody of the police based only on suspicion that they may commit some wrongful cognizable act or pose harm towards society. The police have all the power to detain a person whom they strongly believe can commit a cognizable offence. For … Continue reading Preventive Detention: Anarchical Law

Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

~ cclsnluj ~ Leave a comment

-By Muskan Jhunjhunwala Introduction Sexual offences, in a general sense, are a rigorous attack on the body, particularly the molestation of genitals without the sufferer’s consent. It tends to outrage the dignity, self-respect and modesty of the victim and in its true sense is an attack on bodily integrity. Rape, in India, is considered a … Continue reading Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

~ cclsnluj ~ Leave a comment

-By Abhijeet Shrivastava Background This post concerns Bechu Kurian Thomas, J.’s recent judgment as a part of the Kerala High Court’s (“HC”) Single Bench in District Collector v. District Legal Service Authority (22.12.2020). The decision involved a temporal question over the scope of the provisions of Section 357A of the Code of Criminal Procedure, 1973 … Continue reading ‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings

~ cclsnluj ~ Leave a comment

-By Abhinav Sekhri Munawar Faruqui might have been about to crack a joke, but he was arrested by Madhya Pradesh police before he could do that. A case was registered against him which invoked offences such as Section 295-A IPC that are cognizable and non-bailable (more on that later). One court has dismissed his bail as well … Continue reading Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings

The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

~ cclsnluj ~ Leave a comment

-By Nishtha Gupta INTRODUCTION India has enacted several special laws to ensure speedy and efficient disposal of cases applying to a special category of offences. One of such special legislations is the Wildlife Protection Act, 1972 [“WLPA”]. It has been enacted for the protection of flora and fauna and for the overall ecological and environmental … Continue reading The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)

~ cclsnluj ~ Leave a comment

-By Abhinav Sekhri (This is the eighth part in a multi-part series on the Blog. Earlier posts in the series can be accessed here) The previous instalments in this series on Section 144 Cr.P.C. have attempted to trace a history that goes beyond the courtroom and looks at the provision more holistically by turning to the … Continue reading Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)

Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure

~ cclsnluj ~ Leave a comment

-By Tanmay Gupta and Yashasvi Raj Introduction  As per Section 167 of the Code of Criminal Procedure (“Code”), an accused can be remanded for a maximum period of fifteen days at a time, up to ninety days. Conventionally, since the first day is included in the 24-hour production before the Magistrate, in practice, the maximum … Continue reading Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure

End of Justice? The Supreme Court’s Order in Hitesh Verma v State of Uttarakhand

~ cclsnluj ~ Leave a comment

by Prannv Dhawan & Ishwar Singh The Supreme Court’s recent judgment in Hitesh Verma v. State of Uttarakhand [decided on 05.11.2020] reversed an order of the Uttarakhand High Court and quashed the case with respect to allegations under SC/ST (Prevention of Atrocities) Act 1989 (‘the Act’). The Court held that insulting or intimidating a person belonging … Continue reading End of Justice? The Supreme Court’s Order in Hitesh Verma v State of Uttarakhand

Preliminary Inquiry Before FIR: A Panacea for Malicious Prosecution?

~ cclsnluj ~ Leave a comment

-By Saisha Singh Earlier this year the Delhi High Court, in the process of hearing a case about registering FIRs against BJP Leaders, who have delivered alleged hate speeches, which are being said as being instrumental in inciting violence in NCR, was seen reminding the police to follow guidelines as established by the case of … Continue reading Preliminary Inquiry Before FIR: A Panacea for Malicious Prosecution?

Mentally Ill Prisoners & their Rights

~ cclsnluj ~ Leave a comment

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

Constitutional Failures of the CrPC: An Analysis of S. 41D and An Accused’s Right to Legal Counsel

~ cclsnluj ~ 1 Comment

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

Sushant Singh Rajput matter: Continuing dilemmas in Investigation

~ cclsnluj ~ Leave a comment

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

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

~ cclsnluj ~ Leave a comment

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

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

~ cclsnluj ~ Leave a comment

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

Paatal Lok: Fact or Fiction?

~ cclsnluj ~ Leave a comment

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?

The 2019 Amendment to POCSO: A Socio-Legal Analysis

~ cclsnluj ~ Leave a comment

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

Section 378 CrPC: Impediments to Justice faced by Appellate Courts

~ cclsnluj ~ Leave a comment

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

The Nuances of Search and Seizure of Electronic Evidence: What Are the Components Involved?

~ cclsnluj ~ Leave a comment

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?

Section 144 Cr.P.C. — Part VI: Continuity and Change (1941 to 1950)

~ cclsnluj ~ Leave a comment

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)

Mobile Phones and Criminal Investigations

~ cclsnluj ~ 1 Comment

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

Parental Child Abduction and the Extraordinary Application of s.188 CrPC.

~ cclsnluj ~ 1 Comment

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.

Reverse Onus Clauses: Validity, Regulation and the Correlation with Death Penalty

~ cclsnluj ~ Leave a comment

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

Deconstructing Section 46(3) of the CrPC: A Tacit Approval for Encounters

~ cclsnluj ~ 1 Comment

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

COVID-19 – VIII: Plea Bargaining- A Simple Solution for Difficult Times

~ cclsnluj ~ Leave a comment

By Nishtha Nikhil Gupta  The lockdown due to COVID-19 has impacted one and all. The courts are no exception to it. While many courts are not working, yet some others are hearing only urgent and important matters. Even the Supreme Court has been hearing only important cases through video conferencing. The Supreme Court has ordered … Continue reading COVID-19 – VIII: Plea Bargaining- A Simple Solution for Difficult Times

Section 144 Cr.P.C. — Part V: Combating the Repressive Law (1921 to 1940)

~ cclsnluj ~ 1 Comment

By Abhinav Sekhri (This is the fifth post in a multi-part series. Earlier posts can be accessed through here) The previous post in this series discussed how a growing political consciousness across British India led worried administrators to use the law as a means to suppress civil liberties. Section 144 of the Criminal Procedure Code … Continue reading Section 144 Cr.P.C. — Part V: Combating the Repressive Law (1921 to 1940)

COVID-19 – II: Lockdown and the Wave of Police Brutality

~ cclsnluj ~ 4 Comments

By Yashwanth J With the onset of nationwide lockdown following the COVID-19 pandemic caused by the coronavirus, various photos and videos have surfaced on the internet and the TV news channels portraying the highhandedness by the police officials against the flouters of the impugned curfew. The Government’s Guidelines on the measures to be taken by … Continue reading COVID-19 – II: Lockdown and the Wave of Police Brutality

Section 144 CrPC — Part I

~ cclsnluj ~ 2 Comments

By Abhinav Sekhri (This is the first part of a new multi-part series on the Blog) December 19, 2019. Thousands of people took to the streets across several major cities of India. The photographs would later reveal just how diverse the gatherings were: many students, of course, but numerous old men, women and salaried employees … Continue reading Section 144 CrPC — Part I

Seizure of Motor Vehicles and Violation of Human Rights

~ cclsnluj ~ Leave a comment

By Deeksha The seizure of vehicles by police officers has been a matter of great legal concern in recent years. The police stations around the country are now being converted into dumping yards for seized vehicles with these confiscated vehicles gathering dust over a number of years.[i] Section 102 of Code of Criminal Procedure, 1898 … Continue reading Seizure of Motor Vehicles and Violation of Human Rights

Imposition of Restrictions under Section 144 Cr.P.C. and the Test of Proportionality

~ cclsnluj ~ Leave a comment

By Mayur Kulkarni  Introduction A three-judge bench of the Supreme Court handed down its judgment in the case that challenged the five-month-long internet shut-down and an Emergency-like imposition of Section 144 Cr.P.C, in Jammu and Kashmir post the de-operationalization of Article 370. The Court inter alia held that freedom to practice any profession or carry … Continue reading Imposition of Restrictions under Section 144 Cr.P.C. and the Test of Proportionality

Section 251 CrPC and Discharge in Summons Cases: Part IV

~ cclsnluj ~ 1 Comment

By Abhinav Sekhri [This is Part IV in a multi-part series. The previous posts can be accessed here, here and here] The issue being discussed in this series has been given a sense of urgency, because a trial court in Delhi was pressed to make a reference under Section 305 of the Criminal Procedure Code 1973 [Cr.P.C.] to … Continue reading Section 251 CrPC and Discharge in Summons Cases: Part IV

Section 251 CrPC and Discharge in Summons Cases: Part I

~ cclsnluj ~ 1 Comment

By Abhinav Sekhri Very recently, the Delhi High Court received a reference under Section 395 of the Criminal Procedure Code, 1973 [Cr.P.C.] to clarity certain issues of law. The matter has been registered as Crl. Reference No. 4 of 2019. The issues presented to the High Court are detailed in the order of 11.10.2019, and are extracted below: Does … Continue reading Section 251 CrPC and Discharge in Summons Cases: Part I