~By Pragun Goyal The presumption of innocence of the accused is an esteemed 'golden thread’ in the criminal jurisprudence which is fundamentally tied to a reputation-related aspect of the accused in the criminal trial. The raisons d'être of this aspect is that no one can impute guilt to the accused before he is convicted beyond … Continue reading Reverse Burden of Proof and its Implications on Presumption of Innocence
-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 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 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 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
