Category: Judiciary

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

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

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?

‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

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-By Esha Goyal Section 32(1) of the Indian Evidence Act, 1872 allows for a dying declaration in the form of a statement regarding the cause of the declarant’s death to be made a relevant fact. The criminal rules of practice of each State in India require the declarant to be in a ‘fit state of … Continue reading ‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

Analysing the exactitude of the acquittal in the Babri-Masjid demolition case

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-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

Repeated Refusal of Wife: A Mitigating Factor?

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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?

Snippet: “Unlawful Activity”, the 1967 UAPA, The Attorney General, and a “Ministry of Astrology”

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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”

Section 378 CrPC: Impediments to Justice faced by Appellate Courts

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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

Sentencing Policy of India: A Critical Analysis and Suggestions [Part II]

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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]

The Sentencing Policy of India: A Critical Analysis and Suggestions [Part I]

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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]

Scope of Judicial Discretion in Sentencing

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By Nipun Kalra INTRODUCTION Judgement is not upon all occasions required, but discretion always is. -Philip Stanhope Discretion is said to be the right or the power to make official decisions using reasoning and accurate judgment of the circumstances while choosing from the available alternatives. The exercise of this power is considered to be omnipotent … Continue reading Scope of Judicial Discretion in Sentencing

Delhi Riots: Duties of the State Organs

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By Abhiraj Das and Nihal Deo On the 24th of February, when the international community was keenly looking forward to the U.S. President’s visit to India, a severe riot broke out in Delhi. More than 50 people are reported to have lost their lives with hundreds being injured, shops thrashed and several homes set ablaze. … Continue reading Delhi Riots: Duties of the State Organs

Apology Legislation: A Boon for an Overburdened Judiciary.

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By Bodhisattwa Majumder   Apology legislation provides an opportunity for a guilty person to provide information without the fear of liability, thus strengthening the victim’s right to have accurate information.[i] The main purpose behind having apology legislation is to enable the accused to feel culpable for their actions, and offering of sympathy without the fear … Continue reading Apology Legislation: A Boon for an Overburdened Judiciary.