Tag: Judiciary

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”

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

Scope of Judicial Discretion in Sentencing

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By Nipun Kalra INTRODUCTION Judgement is not upon all occasions required, but discretion always is. -Philip Stanhope Discretion is said to be the right or the power to make official decisions using reasoning and accurate judgment of the circumstances while choosing from the available alternatives. The exercise of this power is considered to be omnipotent … Continue reading Scope of Judicial Discretion in Sentencing

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.