Tag: criminal law

Parole & Furlough: A Decision-Making Process or Institutionalized Discrimination?

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-Mudrika Agarwal In this article, I examine offence-based restrictions on parole and furlough, arguing that it currently institutionalises discrimination. To address this, I put forward a case for an individualised, rehabilitation-focused decision-making process to decide parole and furlough applications. The grant of parole and furlough is largely based on the interplay of two significant considerations … Continue reading Parole & Furlough: A Decision-Making Process or Institutionalized Discrimination?

Effect of an Inactive Predicate Offence on the PMLA Trial

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-Khushi Dhingra A paradox surrounds the Prevention of Money Laundering Act, 2002 [“PMLA”]: it creates an independent prosecution machinery for an offence that cannot, by its own definition, exist in the absence of an underlying scheduled offence. This paradox is most revealed when the Enforcement Directorate [“ED”] prosecutes a money laundering case while the predicate … Continue reading Effect of an Inactive Predicate Offence on the PMLA Trial

Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part II

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-Mayank Khichar Part IV: Harmonising Kishun Singh and Ranjit Singh Through The “Active” and “Passive” Role of the Magistrate in Dharam Pal Further, the tension between Kishun Singh and Ranjit Singh found partial resolution in Dharam Pal v. State of Haryana, at para 27 and 28, where the Court introduced a nuanced distinction between the “active” … Continue reading Committed Crimes And Over-Committed Courts: How Far Can My Lord Bend The BNSS – Part II

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

Inherited Guilt? Criminal Liability of Acquiring Companies for Pre-Merger Wrongs Under Indian Law

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-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

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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

ADMISSIBILITY OF DNA EVIDENCE BEYOND DNA PROFILING: IS EVIDENCE PROCURED USING NEXT-GENERATION SEQUENCING ADMISSIBLE?

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-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?

From 375 to 377: right to orientation conflicting with right to consent? Part- II

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-Dhruv Madan and Maya Sarmah In Part I of this two-part post, we examined the shifting jurisprudence under Sections 375 and 377 IPC, through the cases of Imran Khan @ Ashok Ratna v. State of U.P. and Mohd. Mustafa & Ors. v. NCT of Delhi. Both these cases take a contradictory stance on whether the … Continue reading From 375 to 377: right to orientation conflicting with right to consent? Part- II

From 375 to 377: right to orientation conflicting with right to consent? Part- I

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-Dhruv Madan and Maya Sarmah Introduction The law on sexual offences in India has witnessed substantial doctrinal shifts, yet certain judicial interpretations remain anchored in outdated binaries. Despite reforms via the Criminal Law (Amendment) Act, 2013 and Navtej Singh Johar v. Union of India, Indian High Courts continue to inconsistently distinguish between ‘natural’ and ‘unnatural’ … Continue reading From 375 to 377: right to orientation conflicting with right to consent? Part- I

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

Criminalising Critique: Sedition and the Ashoka Professor Controversy

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-Sarah Unhelkar and Hitanshi Jain The Supreme Court recently granted interim bail to Ashoka Professor Ali Khan Mahmudabad with specific conditions. Mahmudabad was arrested on May 18th, following two FIRs being registered against him with the Haryana Police for his social media posts. While sharing his thoughts via his X (earlier “Twitter”) account, he applauded … Continue reading Criminalising Critique: Sedition and the Ashoka Professor Controversy

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

Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?

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- Vaani Negi Introduction Adolescence, the latest four-episode miniseries on Netflix, has been rapidly gaining acclaim, and deservedly so. The series delves into the harrowing aftermath of a 13-year-old boy being accused of murder.  The narrative reveals school-going children looking for direction from a digital world that warps their perceptions, rather than from teachers no … Continue reading Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?

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

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-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?

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

REDEMPTION AND REFORM: ANALYSING THE ‘SECOND CHANCES’ LEGISLATION IN AMERICA’S CRIMINAL JUSTICE LANDSCAPE

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-Yash Sharan Introduction In the first half of 2024, the lawmakers of the United States of America (“US”) have taken cognizance of the cases involving prisoners undergoing long-term sentences. For instance, the state of Oklahoma in the US passed a law that would reduce sentences for those criminals who are victims of domestic violence. This … Continue reading REDEMPTION AND REFORM: ANALYSING THE ‘SECOND CHANCES’ LEGISLATION IN AMERICA’S CRIMINAL JUSTICE LANDSCAPE

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

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 

Shifting Sands: The Evolving Interpretations of Anticorruption Laws for Insolvency Resolution Professionals 

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- Raunaq Bali The fight against corruption hinges on the cornerstone: the definition of a ‘public servant’. Within the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”), this seemingly straightforward term holds immense weight, determining who falls under its watchful gaze and who remains beyond its reach. However, this line in … Continue reading Shifting Sands: The Evolving Interpretations of Anticorruption Laws for Insolvency Resolution Professionals 

Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act

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Nixon in 1968: drug abuse is “public enemy number one.” “In order to fight and defeat this enemy,” he continued, “it is necessary to wage a new, all-out offensive.” With that statement, the “war on drugs” began. John Ehrlichman, a top Nixon aide (1994): The Nixon campaign in 1968, and the Nixon White House after … Continue reading Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act

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

The Section 187 Dilemma in the New CrPC

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-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

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-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

The 283rd Law Commission Report – Better If Not Implemented

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- Vedant Choudhary The Law Commission of India in its 283rd report, titled, ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has recommended against amending the age of consent under the POCSO Act. This negative recommendation comes in light of growing cases of romantic relationships between minors, where de facto … Continue reading The 283rd Law Commission Report – Better If Not Implemented

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

Machine Culpabilis: Assessing the Viability of Holding AI Criminally Liable

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-Vedant Saxena Introduction ‘M3gan’, short for ‘Model 3 Generative Android’, is the latest in the line of movies involving Artificial Intelligence (AI) models going rogue. ‘M3gan’, hailed as a ‘marvel of artificial intelligence’, is an AI humanoid doll created by a skilled roboticist, Gemma, to give her recently-orphaned niece, Cady, a human-like companion to fill … Continue reading Machine Culpabilis: Assessing the Viability of Holding AI Criminally Liable

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

Indefinite Incarceration of Approvers — In Need of Necessary Amendments

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-By Abhinav Sekhri Prologue: The Budget Leaks of 1956 Aschara Lal Mehra was, presumably, one of many Sales Managers in Bombay's Mercury Paints and Varnishes Ltd.; a pre-independence firm which continues to exist today. Perhaps Mehra was dissatisfied with the income Mercury Paints gave him, because when he was introduced to one Davinder Pal Chadha from … Continue reading Indefinite Incarceration of Approvers — In Need of Necessary Amendments

Lalita Kumari, and Police Discretion at the Stage of Registering an FIR

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By Abhinav Sekhri Six year old Lalita Kumari went missing from near her house on the night of May 5, 2008. When she did not come back, her father filed a missing persons report. A week later he was told that his daughter had been abducted, and so he filed a complaint with Police Station … Continue reading Lalita Kumari, and Police Discretion at the Stage of Registering an FIR

Setting the paper tiger free – Bail provisions and UAPA

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-Sanjana Gupta & Aditi Roy Introduction Bail can be termed as the procurement of a person’s release from legal custody through an undertaking that one shall remain present at the designated time and place and submit himself to the Court. Bail can be denied only in exceptional circumstances and has to be given as a … Continue reading Setting the paper tiger free – Bail provisions and UAPA

The Irrationality of Section 27 of the Indian Evidence Act, 1872

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-By Anshul Ramesh and Andolan Sarkar Introduction Confessions play an important role while deciding on the future course of action that is required to be taken by the police and also while securing the conviction of the accused. Sections 25 and 26 of the Indian Evidence Act, 1872 (“Evidence Act”) proscribe the admissibility of confessional … Continue reading The Irrationality of Section 27 of the Indian Evidence Act, 1872

Online Gambling and the Regulation of Money Laundering

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By Vibhore Yadav Introduction Modern money laundering essentially relies on legitimate businesses characterised by a large cash-flow and complex, anonymous transactions that are difficult to trace in order to convert proceeds from illegal activities into ‘clean’ money which can be used for legitimate purposes. Historically, businesses such as retail outlets, restaurants, rental companies, casinos etc. … Continue reading Online Gambling and the Regulation of Money Laundering

Snippet: The Delhi High Court Order In Sharjeel Imam’s Case

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By Abhinav Sekhri On July 10, the Delhi High Court delivered its judgment and final order in a petition filed by Sharjeel Imam [Crl. M.C. 1475/2020] challenging the order passed under Section 43-D(2) of the UAPA, by which the police have been granted additional time to complete the investigation in a case filed against him. The extension … Continue reading Snippet: The Delhi High Court Order In Sharjeel Imam’s Case

Open Jails for Women: The Disguised Discrimination

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By Aditya Saraswat Introduction The number of women prisoners is constantly rising in India; however, the male-centric prison system in the country is denying some crucial rights to them which are extremely necessary for their reformation. One such right is the access to Open Jails. There is apparent discrimination in the selection procedure of inmates … Continue reading Open Jails for Women: The Disguised Discrimination

Police in India: Protectors against Injustice or Perpetrators of Injustice?

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By Gahna Rajani and Himanshu Bhargava Introduction J Jayaraj and Bennix Immanuel were subjected to brutal torture in police custody and later succumbed to death. This was not the first incident. The prisoners in India have been subjected to torture and violence for a long time. The apex court has issued several guidelines in the … Continue reading Police in India: Protectors against Injustice or Perpetrators of Injustice?

Paatal Lok: Fact or Fiction?

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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?

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”

Death Penalty under Section 31A of NDPS Act, 1985.

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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.

Anticipatory Bail and Children in Conflict with Law

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By Shantanu Pachauri A constitutional bench of the Supreme Court in Gurubakash Singh Sibbia v. State of Panjab (1980) while distinguishing normal bail from anticipatory bail held that while the former is granted after an arrest, releasing a person from the custody of the police, the latter is granted in anticipation of arrest and is … Continue reading Anticipatory Bail and Children in Conflict with Law

The 2019 Amendment to POCSO: A Socio-Legal Analysis

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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

Stranger Danger: Making a Case for Cyber Flashing as a Crime

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By Shivangi Pandia Remember our parents telling us about the term “stranger danger” and the risk that we might be exposed to on the internet? Today the youth is facing much more insidious threats to its emotional and mental health with the menace of cyber flashing. Have you ever come across a situation when you … Continue reading Stranger Danger: Making a Case for Cyber Flashing as a Crime

Female Genital Mutilation: When Will India Take Concrete Steps?

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By Abhiraj Das and Nihal Deo Sudan has in April 2020 banned and criminalized Female Genital Mutilation. India is also no less a victim of the practice, but the absence of special legislation and inadequacy of the existing laws has allowed FGM to persist in silence. What is FGM? WHO has defined Female genital mutilation/Cutting … Continue reading Female Genital Mutilation: When Will India Take Concrete Steps?

COVID-19 – XVII: Survival Crime in the Time of Coronavirus

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By Sezal Mishra INTRODUCTION The ‘loaf of bread’ example has frequently been employed in philosophical discussions of necessity. The classic problem is often posed as "Would you steal a loaf of bread in order to feed your family?" and is what is known as a moral dilemma. However, a legal solution to the moral conundrum … Continue reading COVID-19 – XVII: Survival Crime in the Time of Coronavirus

Emanating Consequences of AI in Healthcare- Ethicality and Legality

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By Ranjeet Soni and Rohit Shrivastava INTRODUCTION “Success in creating AI would be the biggest event in human history. Unfortunately, it might also be the last unless we learn how to avoid the risks.” -- Stephen Hawking In the twenty-first century, technology’s role in the domain of healthcare has grown leaps and bounds. Previously in this … Continue reading Emanating Consequences of AI in Healthcare- Ethicality and Legality

Environmental Crimes in the Forests of Kamrup District, Assam

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By Jayanta Boruah INTRODUCTION Protection of forests is both a responsibility of the state[1] and a duty of the citizens[2] in India. It is even a moral obligation of the entire humanity to protect and conserve the forests since they provide with the basic necessities for surviving on this Planet. Moreover, at present conservation of … Continue reading Environmental Crimes in the Forests of Kamrup District, Assam

Section 120A of the Indian Penal Code: At the Cusp of Civil and Criminal Jurisprudence

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By Pramothesh Mukherjee Two individuals enter into a contract of services, however, due to unforeseen circumstances, it so happens that the fulfilment of such contract turns out to be equally fruitless to both. They ‘agree to end’ the contract; as a result, neither party is obligated to perform their contractual duties. In essence, they agree … Continue reading Section 120A of the Indian Penal Code: At the Cusp of Civil and Criminal Jurisprudence

Sudan’s Criminal Law Amendments and the State of Women’s Rights

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By Rishav Devrani and Poojan Bulani INTRODUCTION The Sudanese government on April 22, 2020, made an announcement criminalizing the long-followed practice of Female Genital Mutilation/Cutting (hereinafter ‘FGM/C’) by amending its Criminal Law Article 141. A WHO report shows that more than 200 million women and girls alive today have undergone the practice of female genital … Continue reading Sudan’s Criminal Law Amendments and the State of Women’s Rights

UAPA, 1967: A Draconian Law to Combat Terrorism

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By Diksha Singh “Adherence to the constitutional principle of substantive due process is an integral part of our collective response to terrorism. We must uphold the right of fair trial for all individuals, irrespective of how heinous their crimes may be.”[i] Terrorism persists as an iniquitous operation in society that has shaken the entire human … Continue reading UAPA, 1967: A Draconian Law to Combat Terrorism

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

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

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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?

COVID-19 – XVI: Monitoring the Prisoners Beyond the Prisons: GPS Tracking for Interim Bails/Paroles

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By Bodhisattwa Majumder and Ritika Acharya A pandemic does not discriminate on the basis of class, community or character and strikes every section of the society equally. However, the precautions one can take against the virus are highly prejudiced and biased based on an individual’s financial, social and geographical position in the society. While society … Continue reading COVID-19 – XVI: Monitoring the Prisoners Beyond the Prisons: GPS Tracking for Interim Bails/Paroles

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

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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)

Conceptualizing a Kautilyan Criminal Justice System

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By Kaartikay Agarwal “It is the power of punishment alone when exercised impartially in proportion to the guilt, and irrespective of whether the person punished is the King’s son or an enemy, that protects this world and the next” – Chanakya Reformation of a Penal Code based on 19th-century Victorian ideals has been a constant process … Continue reading Conceptualizing a Kautilyan Criminal Justice System

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]

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

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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.

Barriers to Recognition of Information Theft

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By  Livie Jain How feasible is it to protect the rights of owners by legally recognising the theft of information? In the recent annual report on Cyber Safety Insights, the country director of NortonLifeLock, Ritesh Chopra has flagged concerns regarding increasing instances of data theft and the complacent attitude of people when it comes to … Continue reading Barriers to Recognition of Information Theft

COVID-19 – XIV: Examining the Use of ‘Attempt to Murder’ in Times of COVID-19

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By Mitali Kshatriya The news is replete with instances of violation of advisories issued by the government to prevent the spread of coronavirus. In the wake of such delinquencies, the state governments are resorting to various penal provisions under the Indian Penal Code (The Code or IPC). s.307 is one of the various sections being … Continue reading COVID-19 – XIV: Examining the Use of ‘Attempt to Murder’ in Times of COVID-19

Different Timelines for Different Defamation Cases

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By Lalit Ajmani  It is quite common to witness vexatious litigations that are devised solely to harass and torture the other party. Resultantly, the innocently accused person has to suffer a great ordeal of defending the criminal/civil case and sometimes gets defamed by the vexatious litigation initiated by the other, both for no reasons. Law … Continue reading Different Timelines for Different Defamation Cases

Whether Section 37 of NDPS Act Renders the Provision of Anticipatory Bail Infructuous

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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

Three Strikes and You’re Out: Indian Criminal Legislation Needs Baseball Rules?

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By Sri Hari Mangalam Introduction Three Strikes and you are out, a common baseball phrase is also the underlying principle for criminal penalties in America. The measure originally enacted to curb the increase in violent crimes across the country is as of now, centred in a few states. California passed the law in 1994, in … Continue reading Three Strikes and You’re Out: Indian Criminal Legislation Needs Baseball Rules?

There are No Right Answers: The Supreme Court and the Purity / Mixture Debate under the NDPS Act

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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

COVID-19 – X: Jharkhand High Court’s Recent Bail Conditions: Improper exercise of Judicial Discretion?

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By Harpreet Singh Gupta Recently, while hearing a revision petition, the Jharkhand High Court enlarged the accused on bail who was sentenced for one year for obstructing running of trains, etc. under Section 174(a) of the Railways Act. The conditions that the court put were rather interesting. The accused were directed to: (a) deposit Rs. … Continue reading COVID-19 – X: Jharkhand High Court’s Recent Bail Conditions: Improper exercise of Judicial Discretion?

Protest Petitions as a Tool to Check Unconvincing Closure of Cases

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By Devangana Kuthari and Ishani Mookherjee The term ‘Protest Petition’ has not been defined under any statute in India, whether the Criminal Procedure Code (CrPC), 1973 or the Indian Penal Code, 1860. However, it has been accepted in practice and has been a part of the criminal procedure in India, even before independence, though with … Continue reading Protest Petitions as a Tool to Check Unconvincing Closure of Cases

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

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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

COVID-19 – VI: India’s Decaying Bail System: A Virus Exposes the Truth

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By Tanay Singh and Tanya Rathod INTRODUCTION The term bail essentially means the interim release of an accused from the judicial custody and to place him/her under the custody of some monetary assurance to serve the accused person his right to enjoy the personal freedom. Granting of bail in the Indian criminal justice system has … Continue reading COVID-19 – VI: India’s Decaying Bail System: A Virus Exposes the Truth

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

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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)

Analysing The Use Of Artificial Intelligence in Criminal Sentencing through the Loomis Decision

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By Rishabh Warrier Introduction Modern times have seen our lives being pervaded by algorithms, from suggestions on Netflix to music recommendations. An area where this pervasion is seeing a stark increase is in the domain of criminal sentencing. Prisons in the United States hold more people than any other country across the world. This problem, … Continue reading Analysing The Use Of Artificial Intelligence in Criminal Sentencing through the Loomis Decision

Revenge Porn: Prosecution Under the Current Indian Legal System

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By Aditya Krishna Introduction In March of 2018, in the case of State of West Bengal v Animesh Boxi,[i] which is widely considered the first-ever,[ii] the Sessions court in Tamluk, West Bengal, sentenced a man to five years imprisonment along with a fine of Rs. 9,000, for uploading private and objectionable pictures of a girl … Continue reading Revenge Porn: Prosecution Under the Current Indian Legal System

COVID-19 – IV: Infectious Diseases: Rein on Quarantine & Archaic Laws

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By Ranjeet Soni and Rohit Shrivastava INTRODUCTION A clean environment is an indispensable fundamental right which is vested with all the people Article 21 of the Constitution of India. Supreme Court elucidated that any disturbance of basic environmental elements namely air, water and soil would amount to punishment. To prevent disturbance reasonable restrictions may be put … Continue reading COVID-19 – IV: Infectious Diseases: Rein on Quarantine & Archaic Laws

Are Rights of Victim Subservient to the Rights of Convicts: An Analysis in Light of the Nirbhaya Case

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By Kartik Agarwal  India went into a state of despair on December 16th, 2012 when a 23-year-old girl was raped by six men in a moving bus in Delhi. Five of them were sentenced to death in 2013 by the Fast track court and one was sent to the juvenile justice board. The death penalty … Continue reading Are Rights of Victim Subservient to the Rights of Convicts: An Analysis in Light of the Nirbhaya Case

Section 144 Cr.P.C. — Part IV: Public Order and Political Agitation (1901 to 1920)

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By Abhinav Sekhri (This is the Fourth Post in a series on the Blog. Previous posts can be accessed here) The previous post expanded upon the officers who dealt with the powers conferred under what, by 1898, was Section 144 of the Criminal Procedure Code [Cr.P.C.]. The post also elaborated upon the expansion of such powers … Continue reading Section 144 Cr.P.C. — Part IV: Public Order and Political Agitation (1901 to 1920)

The Probation of Offenders Act, 1958- An Extremely Crucial but Underplayed Legislation

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By Shreyash Mittal Mahatma Gandhi once said, “Hate the crime, not the criminal.” Introduction The aim of the criminal justice system is the reformation of criminals rather than inflicting punishment on them. Probation is an alternative to the customary form of punishments, where instead of sending the offender into the jail; he is released on … Continue reading The Probation of Offenders Act, 1958- An Extremely Crucial but Underplayed Legislation

COVID-19 – III: Is Use of Lathi by Police During Lockdown Justified?

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By Nishtha Gupta “The safety of the people is the supreme law.” -Markus Tullius, Roman statesman and lawyer The Indian state has recently faced the world’s largest lockdown wherein 1.6 billion people have been subjected to an unprecedented lockdown. This has obviously led to a certain protest in terms of people not following the lockdown … Continue reading COVID-19 – III: Is Use of Lathi by Police During Lockdown Justified?

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

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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

COVID-19 – I: Does the Epidemic Diseases Act of 1897 Call for an Amendment?

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By Manan Daga The Epidemic Diseases Act, 1897 (hereinafter referred to as the Act) is one hundred and twenty-three years old legislation. It was incorporated by the Britishers to fight the bubonic plague epidemic in 1896 in the Bombay Presidency.[1] This underlines a vital fact which cannot be ignored. The Act was a mechanism for … Continue reading COVID-19 – I: Does the Epidemic Diseases Act of 1897 Call for an Amendment?

The DNA Technology Regulation Bill, 2019 and its Impact on Marginalised Communities

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By Ashima Sharma and Nidhi Pratap Singh The DNA Technology (Use and Application) Regulation Bill, 2019 ( “Bill”) has been formulated to create a national DNA database for use in criminal investigation and civil matters. DNA technology can be used to ascertain the identity of a person and can be of use in criminal investigation … Continue reading The DNA Technology Regulation Bill, 2019 and its Impact on Marginalised Communities

Looking Beyond Retribution: A Plea To Abolish Capital Punishment

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By Ashna D After making innumerable attempts to postpone their execution, Mukesh Singh, Pawan Gupta, Vinay Sharma and Akshay Kumar Singh, the four convicts in the Nirbhaya gang-rape case have been hanged to death on 20th March 2020. In recent years, there has been a heightened support in favour of imposing the capital punishment for … Continue reading Looking Beyond Retribution: A Plea To Abolish Capital Punishment

The Criminal Law (Amendment) Bill, 2019 and Gender-Neutral Sexual Offences in India

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By Anmol Mathur Introduction The Constitution of India guarantees all persons the right to personal life and liberty, equal protection of laws and prohibits any discrimination based on sex. The Constitution is not simply a long, celebrated, big-book of ideas on democracy and civil society, but is a tool for social change in the coming … Continue reading The Criminal Law (Amendment) Bill, 2019 and Gender-Neutral Sexual Offences in India

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.

Section 144 Cr.P.C. – Part III: Expansive Powers, in the hands of many officers

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By Abhinav Sekhri (This is the third post in a multi-part series on the Blog on Section 144, Cr.P.C. The previous posts could be found here and here) The previous post traced a historical arc stretching from 1861 till the end of the 19th Century to show the gradual development of Section 144, Cr.P.C. It … Continue reading Section 144 Cr.P.C. – Part III: Expansive Powers, in the hands of many officers

Cognizance of the Case after Committal: An Analysis of the Dharam Pal Judgment

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By Gopal Gour Introduction The criminal justice system works in a set of the hierarchy of institutions which make the process of justice-seeking smoother. It starts with the police and finally leads up to the court which imparts justice. For the sake of impartial and efficient working of the criminal justice system, the courts have … Continue reading Cognizance of the Case after Committal: An Analysis of the Dharam Pal Judgment

The Economics of an Imbalanced Scale of Justice

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By Anchal Bhatheja The Law treats civil and criminal matters differently in terms of the degree of burden of proof required, the nature of courtroom procedure to be followed, the punishment to be awarded and so on. This is because civil matters concern only private individuals while criminal matters concern the society at large and … Continue reading The Economics of an Imbalanced Scale of Justice

Two-finger Test: Transgression into Dignity, Privacy, and more…

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Aman Garg On January 29, the Gujarat High Court, in a strongly worded verdict, declared the ‘two-finger test’ to be violative of woman’s right to privacy and dignity and held the same to be unconstitutional. The Hon’ble Court noted that the said practice was in direct conflict with different constitutional and statutory provisions and directed … Continue reading Two-finger Test: Transgression into Dignity, Privacy, and more…

Internet Shutdown under Section 144: Only Alternative?

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By Milind Rajratnam and Shivang Yadav  “Censorship is to art as lynching is to justice.” - Henry Louis Gates Jr. INTRODUCTION The UNHRC has passed a resolution that makes access to the internet a basic human right. Recently in the case of Faheema Shirin R.K. v. State of Kerala, the Kerala High Court has held … Continue reading Internet Shutdown under Section 144: Only Alternative?

Rekha Murarka v. State of West Bengal: Arbitrarily Undermining the Victim’s Rights

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By Aastha Agarwalla and Daksh Aggarwal Prefatory The principal aim of the administrative and judicial processes is to provide a mechanism to protect the interests, physical and psychological well-being and dignity of the victims of serious crimes. One of the prerequisites to achieve the same is to enable the sufferer to be defended and represented … Continue reading Rekha Murarka v. State of West Bengal: Arbitrarily Undermining the Victim’s Rights