Tag: CrPC

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

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

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

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

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?

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

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

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

SECTION 311A CRPC: UNEXPLORED ARENA OF POSSIBILITIES OF ARREST AND PRE-TRIAL DETENTION

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~ By Khushi Neb On the suggestion of the court in the case of Ram Babu Mishra v. State of Uttar Pradesh, where the court extensively examined the need for enacting legislation along the lines of Section 5 of the Identification of Prisoners Act, Section 311A, CrPC, that focuses on the magisterial power of ordering … Continue reading SECTION 311A CRPC: UNEXPLORED ARENA OF POSSIBILITIES OF ARREST AND PRE-TRIAL DETENTION

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.

CHALLENGING THE LEGALITY OF REMISSION IN BILKIS BANO CASE

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- Anushka Satya and Nishant Kumar In 2019, the Supreme Court judge bench of the then Chief Justice of India, Justice Ranjan Gogoi, and Justices Deepak Gupta and Sanjiv Khanna, has observed that “It is very apparent that what should not have happened has happened and the state has to give compensation”. This statement is remarkable because a … Continue reading CHALLENGING THE LEGALITY OF REMISSION IN BILKIS BANO CASE

Interpreting Sanction for Prosecution under UAPA in the light of GN Saibaba verdict

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-Devvrat Singh and Nishita Gupta Introduction The Supreme Court recently stayed an order of the Bombay High Court discharging Professor G.N. Saibaba in an alleged Maoist links case under the UAPA (Unlawful Activities Prevention Act). The effect of the order was that professor Saibaba who happens to be wheelchair bound and suffering from 90% disability … Continue reading Interpreting Sanction for Prosecution under UAPA in the light of GN Saibaba verdict

Restricting Anticipatory Bail under the Atrocities Act

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-Saranya Ravindran Section 438 of the Code of Criminal Procedure [CrPC] empowers the Sessions Court and the High Court to grant anticipatory bail, i.e., the direction to release a person on bail in the event of an arrest on a non-bailable offense. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities … Continue reading Restricting Anticipatory Bail under the Atrocities Act

Addressing the Right of Female Prisoners (to Bleed): Menstrual Management Behind the Bars

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-Ms. Lovleen Sharrma & Sakshi Komal Dubey Introduction As per the Prison Statistics India Report, 2021 the figure of prison inmates in women’s jails adds up to 3,808. The Women In Prison Report, 2018 which sought to study the condition of women prisoners highlighted that the prison population increased drastically, and had therefore created challenges … Continue reading Addressing the Right of Female Prisoners (to Bleed): Menstrual Management Behind the Bars

Evaluating the Judicial Interpretation of Section 102(3) of Cr.P.C 

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~By Mansi Pandey Introduction Section 102 of the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’ or the ‘code’), deals with the power of the police officers to seize “any property” that is either stolen or creates a suspicion of commission of the offense. Further, the police shall report the seizure to the Magistrate forthwith. It … Continue reading Evaluating the Judicial Interpretation of Section 102(3) of Cr.P.C 

Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution 

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~By Pragun Goyal Introduction Section 313 of the Criminal Procedure Code, 1973 (“CrPC”) has a profane silhouette around it. After the prosecution has closed its evidence, the accused is given an opportunity to explain the incriminating matter in evidence against him or her. No matter how bleak or scanty the prosecution evidence is, the court has to provide an opportunity … Continue reading Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution 

Time for a Seven-Judge Bench Reference to resolve the FIR conundrum?

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~By Abhinav Sekhri On 12.08.2022, the Supreme Court in XYZ v. State of Madhya Pradesh & Ors. [Crl. Appeal No. 1184 of 2022] set aside an order of the Madhya Pradesh High Court, and directed that a First Information Report ["FIR"] ought to be registered under Section 154 of the Criminal Procedure Code, 1973 ["Cr.P.C.'] by the local police on the … Continue reading Time for a Seven-Judge Bench Reference to resolve the FIR conundrum?

Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate

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By Kartik Shrivastava Introduction On 18th April this year, the President of India gave his assent to the contentious Criminal Procedure (Identification) Act, 2022. The Act was passed in both the Houses of Parliament on 6th April by a voice vote. The Act seeks to replace the 102-year-old colonial law on collecting "measurements" of the … Continue reading Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate

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

TAKING BACK JUSTICE: A CRITICAL APPRAISAL OF SECTION 321 OF THE CRIMINAL PROCEDURE CODE

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By: Milind Malhar Sharma INTRODUCTION Public Prosecutors play important roles like representing the state and are charged with proving the guilt of the accused in the criminal justice system.. This points us towards an interesting set of questions – should public prosecutors be allowed to withdraw criminal cases from prosecution leading to potential criminals not … Continue reading TAKING BACK JUSTICE: A CRITICAL APPRAISAL OF SECTION 321 OF THE CRIMINAL PROCEDURE CODE

‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

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-By Abhijeet Shrivastava Background This post concerns Bechu Kurian Thomas, J.’s recent judgment as a part of the Kerala High Court’s (“HC”) Single Bench in District Collector v. District Legal Service Authority (22.12.2020). The decision involved a temporal question over the scope of the provisions of Section 357A of the Code of Criminal Procedure, 1973 … Continue reading ‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

Evaluation of Death Penalty in Modern Penology: A case for abolition

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By AbhinavGoyal &Meghna Nimbekar The criminal law of our country has become rather static and this is attributable to the neglect of the Supreme Court of India in considering the jurisprudential questions which relate to crime and punishment. The Court is content in using its discretion by interpreting the law as it is, and does … Continue reading Evaluation of Death Penalty in Modern Penology: A case for abolition

Has the Supreme Court set an erroneous precedent by transferring Sushant’s death probe to the CBI?

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By Shikhar Aggarwal Introduction The recent Supreme Court judgment, transferring the probe into the unnatural death of actor Sushant Singh Rajput and the surrounding circumstances, to the Central Bureau of Investigation (CBI), is being hailed as a victory for the public sentiment attached with the aftermath of his death. On the other hand, some believe … Continue reading Has the Supreme Court set an erroneous precedent by transferring Sushant’s death probe to the CBI?

Constitutional Failures of the CrPC: An Analysis of S. 41D and An Accused’s Right to Legal Counsel

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By Shivjeet Parthasarathy The deaths of George Floyd in the US, and Jayaraj and Bennix in India have resulted in significant outcry against the power wielded by the police. In light of these events, the right to have a lawyer becomes much more relevant as it is an important check on police power. The right … Continue reading Constitutional Failures of the CrPC: An Analysis of S. 41D and An Accused’s Right to Legal Counsel

Running Roughshod Over Legislative Concerns and Entrenching the Public- Private Dichotomy- Scrutinizing the Inherent Powers of the High Court Under S.482 of the CrPC – Part I

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By Keshab Roy Choudhury Introduction The Supreme Court of India (‘SC’), in some legal and academic circles, is regarded as ‘the world’s most powerful Supreme Court'. However, it can easily be argued that the High Courts (HC’s) have equal, if not more, power vis-à-vis the SC. First, the jurisdiction of the HC under A.226 of … Continue reading Running Roughshod Over Legislative Concerns and Entrenching the Public- Private Dichotomy- Scrutinizing the Inherent Powers of the High Court Under S.482 of the CrPC – Part I

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

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)

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.

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

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)

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)

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

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

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

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?