Tag: news

Witness Protection Under Section 398 of BNSS: A Milestone or a Missed Opportunity?

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-Preet Chawla The enactment of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, marks an important development in the Indian criminal justice system. Under this list of provisions, the only one which is distinctly different is that of Section 398, which introduces an express reference to witness protection under general criminal law. Limited safeguards for witnesses have … Continue reading Witness Protection Under Section 398 of BNSS: A Milestone or a Missed Opportunity?

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 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?

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?

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

Rethinking Consent: Addressing Flaws in India’s POCSO Act for Teenage Relationships

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-Akashdeep S R Introduction In India, rape, as defined in Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a punishable offence. The requirement is that the victim should not have consented to the alleged sexual act. If the victim is under 18, she would be considered a minor, and her consent would not … Continue reading Rethinking Consent: Addressing Flaws in India’s POCSO Act for Teenage Relationships

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

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 

Capital Punishment: Mitigating Factors in Light of The Biopsychosocial Model 

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- This blog has been authored by Anmol Yadav. The author is 3rd year student of B.A. L.LB. (Hons.) at Faculty of Law, Banaras Hindu University, Varanasi.  In the complex discourse surrounding capital punishment, the consideration of mitigating factors becomes paramount, particularly when viewed through the lens of the Biopsychosocial Model. This interdisciplinary framework, encompassing biological, … Continue reading Capital Punishment: Mitigating Factors in Light of The Biopsychosocial Model 

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