Category: IPC

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

CRUELTY; BUT NOT FOR THE SECOND WIFE

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-Ishan Vijay Introduction There is a lot of uproar of Section 498-A of the Indian Penal Code (IPC) or Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) i.e. cruelty, and its misuse, from activists to courts. And while that remains to be an existing challenge, this article seeks to focus on a less … Continue reading CRUELTY; BUT NOT FOR THE SECOND WIFE

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

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

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 

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

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

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

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

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

“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 “

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?

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

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 ?

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

Envisioning admissibility of wearable devices in Indian Courts

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Rishabh Saumya and Gayatri Singh Introduction The leap of technology from our desk to our wrist is quite remarkable. From measuring our heartbeat to calculating our footsteps, wearable devices, gradually, are becoming an essential fitness accessory among health-conscious folks. These activity tracking devices are equipped with wearable technology and are marketed for their health tracking … Continue reading Envisioning admissibility of wearable devices in Indian Courts

Stand-Up Comics & The Imbroglio of Criminal Complaints

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By Arundhati Rajput Introduction Vir Das, an Indian Stand-up comic, has yet again become the center of vehement criticism as his monologue: ‘The Story of Two Indias’, has stirred opposing sentiments. In this monologue, the comic portrayed India in a sagacious manner having an undertone of satire. However, several lawyers and political leaders felt that … Continue reading Stand-Up Comics & The Imbroglio of Criminal Complaints

Crackdown on Dissent : A Call for Reform and Action

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- 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

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-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

A Criminological Perspective on Sexual Crimes in India

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-By Bhavya Sharma Introduction Cases of rape in India are reported in the newspapers almost every other day. A careful reading of these reports through a criminological perspective, keeping in mind the theories of crime causation, would help in not only identifying the circumstances that led to the commission of the offence but also in … Continue reading A Criminological Perspective on Sexual Crimes in India

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

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-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

Legality of Hindutva Politics under Section 171C IPC: Scope of the Section and Hindutva’s Varied Interpretations

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-By Vaibhav Yadav Introduction Elections form a vital part of a democracy. Every person who is eligible to vote in a democratic country has the right to freely choose whom he/she wants to vote for. However, this right to vote freely can be affected by a number of factors and considerations. It can be influenced … Continue reading Legality of Hindutva Politics under Section 171C IPC: Scope of the Section and Hindutva’s Varied Interpretations

Misuse of section 295-A IPC: A Potent weapon in Criminalising Comedy and Cinema

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-By Jai Babaria While India is deemed to be a secular country, religion has always divided us. There is a constant tussle between various religious groups, be it explicit or dormant and ‘outrage’ is a fairly common term nowadays where everything has the potential to offend, shock or disturb religious sentiments. Section 295-A of the … Continue reading Misuse of section 295-A IPC: A Potent weapon in Criminalising Comedy and Cinema

Solitary Confinement: A Temporary Measure Causing Permanent Isolation?

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-By Aditi Behura Introduction Solitary confinement is a penal form of confinement in which a prisoner is isolated from fellow prisoners and is under rigorous surveillance. It has been established that such confinement is torturous, and has an adverse impact on the holistic well-being (physical and mental health) of the prisoner. Convicts are placed in … Continue reading Solitary Confinement: A Temporary Measure Causing Permanent Isolation?

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

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-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

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

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-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

Voluntary Intoxication Leading to Insanity – A Review

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-By Manas Agrawal If A= {1} and B = {4}, then AUB = {1, 4}. Furthermore, a code is designed whose function is to identify subsets of (AUB). There are four possible outputs that this code can return. They are {1}, {4}, {1, 4} and {ϕ}. In the same way, if A= {Voluntary Intoxication} and … Continue reading Voluntary Intoxication Leading to Insanity – A Review

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

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-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

Chemical Castration of Sexual Offenders in India – A Need for Reformation in Indian Anti-rape Laws

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- By Anand Singh Introduction - On November 24th, 2020, Pakistan’s cabinet approved two anti-rape ordinances that call for chemical castration of the rapists and setting up special courts for trails. The two ordinances are the Anti-Rape (Investigation and Trail) Ordinance, 2020 and the Criminal Law (Amendment) Ordinance, 2020. The legislation comes after an incident … Continue reading Chemical Castration of Sexual Offenders in India – A Need for Reformation in Indian Anti-rape Laws

Quackery and the Urgency to Curb It

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-By Sohini Bose Quackery is a socio-economic problem which is turned a blind eye towards for reasons unascertained. With the Government neither having taken any active interest nor steps to curtail it with the additional lacuna of dedicated penal provisions or legislation against it, this article proceeds to enumerate as to why and how quackery … Continue reading Quackery and the Urgency to Curb It

Rajesh Sharma And Ors. v. State of UP – Wrongly Feeds into the Narrative of 498A being Misused?

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-By Khushi Agrawal INTRODUCTION With the incidents of domestic violence increasing by manifolds during COVID-19 times, it becomes pertinent to throw light on a 2017-judgement which reduced the importance of section 498-A IPC to a major extent. Section 498-A provides that if any person being the husband or the relative of the husband of a … Continue reading Rajesh Sharma And Ors. v. State of UP – Wrongly Feeds into the Narrative of 498A being Misused?

Palghar, Alwar and Beyond: The Anatomy of Lynching Necessitating a Legal Framework

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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

Sanctions to prosecute MPs and MLAs : An analysis

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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

Why Penalisation of Attempt to Commit Suicide is Not the Solution: A Response

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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

Why Penalization of Attempt to Commit Suicide is Still a Valid Law?

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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?