By Yagnesh Sharma INTRODUCTION India is viewed as an emerging superpower in the world that we live in today, and one of the major reasons for this status of India is attributed is to the sheer workforce that is translated to the population of the country. This population, however, brings its own problems. While India … Continue reading Privatization of Prisons and the Constitution in India
By Priyadarshee Mukhopadhyay INTRODUCTION “If liberty means anything at all, it means the right to tell people what they do not want to hear.” - George Orwell. Over the last five years, India has been thunderstruck by a growing number of informal public executions or extrajudicial killings commonly recognized under the term “Mob Lynching”. However, … Continue reading The Epidemic of Mob Lynching in India: Analysing Tehseen S. Poonawalla v. Union of India
By Aditya Suresh Introduction The Code of Criminal Procedure, 1973 [“CrPC”] aims at consolidating the law pertaining to criminal procedure in India and seeks to ensure a fair and speedy trial, by encompassing the procedural powers and safeguards necessary for the purpose of effective criminal law administration. Chapter XX of the CrPC deals with the … Continue reading The Power to Discharge in Summons Cases Issued Upon Complaint: Judicial Divergence and Future Considerations
By Sehaj Cheema and Kuldeep Garg When the Supreme Court expressly dubbed pollution a tort in 1997,[i] the pronouncement was perhaps prophetic of India witnessing the contentiousness that the law of torts entails. Amongst the controversies that have ensued in the field of India’s environmental laws, a fundamental one is the blurring of the line … Continue reading Amidst Tort & Crime: Quasi-Criminal Liabilities in India’s Anti-Pollution Litigation
By Abhinav Sekhri A Constitution Bench of the Supreme Court decided a reference made in Sushila Aggarwal & Ors. v. State (NCT of Delhi) & Anr. [SLP (Crl.) 7281-82/2017, decided on 29.01.2020], where two questions had been posed for consideration: (1) Whether the protection granted to a person under Section 438 Cr.P.C. should be limited to a fixed period … Continue reading The Constitution Bench Reference in Sushila Aggarwal v. State
By Diya Vaishnav and Nihal Deo Recently, Union Minister Mr. Anurag Thakur and BJP MP Mr. Parvesh Verma received a ban of 72 hours and 96 hours respectively from campaigning for the Delhi Elections. The reason behind the same was the ‘Hate Speech’ that they delivered in their respective rallies in Delhi. While Mr. Thakur … Continue reading The Peril of Hate Speech in India
By Ishan Kumar Introduction “I know that it's hard to believe that the people you look to for safety and security are the same people who are causing us so much harm. ― Ijeoma Oluo, So You Want to Talk About Race On 17th December 2019, the Sri Lanka Supreme Court in the case of Rathnayeke Tharanga … Continue reading Custodial Death Verdict by Sri Lankan Supreme Court: Justice at Last
By Samarth Sansar “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.”[1] A 9- judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd.) and Anr. vs Union Of India … Continue reading Privacy Judgement: Impact on Law of Searches
By Nipun Kalra INTRODUCTION The right to seek discharge is one of the most important rights of an accused in a criminal justice system. This gives an opportunity to the court to filter out the cases which are meritless. However, at this stage, the court is confronted with very limited material. In a large number … Continue reading The Accused Person’s Right to Rely on Exculpatory Material at the Stage of Framing of Charges
By Viti Bansal A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking framing of proper procedures, rules, and guidelines for the disposal of mercy petition in an effective and time-bound manner. According to the petitioner, the rights of both the convicts as well as that of the victims under Article 14 … Continue reading Mercy Petitions: The Need for Regulation
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
The Criminal Law Blog 