- 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
~By Paras Khetan The right to counsel of an accused has been constitutionally guaranteed under Article 22 of the Constitution of India. This right is available to the accused during the trial. However, the question arises whether the same is available to the accused at the time of police interrogation. There is ambiguity with regards to the … Continue reading Right to Counsel During Police Interrogation: An Analysis
~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
By Keshab Roy Choudhury Introduction In the first part of this two part piece, we saw that the Court’s use of its inherent powers under S.482 of the CrPC in allowing the settlement of non-compoundable offences frustrated the statutory scheme of the CrPC and the policy considerations of the Legislature. In this part, I shall … 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 II
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?
The Criminal Law Blog 