- 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
~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
~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?
~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court's judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 ("Vijay Madanlal Choudhary") dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 ["PMLA"]. This post turns its lens to how the judgment … Continue reading Old Wine in New Bottles? – The Judgement in Vijay Madanlal Choudhary (Part Two)
-By Prachi Agrawal & Charu Sharma Introduction: Namesake Recognition In the years antecedent to 2018, same sex carnal intercourse, regardless of consent, was considered against the order of nature and was weighed at par with bestiality, i.e. sexual intercourse between humans and animals. Under Section 377 of the Indian Penal Code, 1860 [hereinafter ‘IPC’], it … Continue reading ‘Miniscule Fraction of The Total Population’: Not Entitled to Legal Marriage and Protection from Abuse?
-By Esha Goyal Section 32(1) of the Indian Evidence Act, 1872 allows for a dying declaration in the form of a statement regarding the cause of the declarant’s death to be made a relevant fact. The criminal rules of practice of each State in India require the declarant to be in a ‘fit state of … Continue reading ‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations
By Abhinav Sekhri On April 22, 2020, a Three Justices' Bench of the Supreme Court decided a reference made to it in Hira Singh [Crl. Appeal No. 722 of 2017, decided on 22.04.2020]. The primary issue before the Court was the correctness an earlier decision by a Two Justices' Bench of the Supreme Court, E. Micheal Raj v. Intelligence Officer [(2008) … Continue reading There are No Right Answers: The Supreme Court and the Purity / Mixture Debate under the NDPS Act
The Criminal Law Blog 