-By Harshita Dixit Introduction Recently a Supreme Court bench headed by Chief Justice of India S.S. Bobde asked a rape accused to marry her victim. The accused, who is a state government employee, is facing charges for repeatedly raping his relative- when she was a minor. The apex court was hearing a petition against an … Continue reading Marry your rapist: An unending saga of compromise in Rape Cases
Tag: #supremecourtofindia
Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity
-By Atreya Chakraborty and Aurin Chakraborty Introduction The Latin maxim of Ubi Jus Ibi Remedium embodies a settled principle of common law which essentially means that ‘where there is a right, there is a remedy’. It envisages the establishment of an equitable legal mechanism wherein, every grievance must have a remedy in law. A wider … Continue reading Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity
Crafting Accessible Remedies to deal with Multiple FIRs and Complaints
-By Abhinav Sekhri 2020 (and January 2021) witnessed a series of high-profile cases where the potential accused persons were sought to be prosecuted across the country for their conduct. Arnab Goswami, Amish Devgn, the makers of Tandav; in all these cases, specific speech acts of the accused persons attracted the ire of people across states … Continue reading Crafting Accessible Remedies to deal with Multiple FIRs and Complaints
Legality of Hindutva Politics under Section 171C IPC: Scope of the Section and Hindutva’s Varied Interpretations
-By Vaibhav Yadav Introduction Elections form a vital part of a democracy. Every person who is eligible to vote in a democratic country has the right to freely choose whom he/she wants to vote for. However, this right to vote freely can be affected by a number of factors and considerations. It can be influenced … Continue reading Legality of Hindutva Politics under Section 171C IPC: Scope of the Section and Hindutva’s Varied Interpretations
POCSO Or Atrocities Courts: Which Jurisdiction Is More ‘Special’?
-By Abhijeet Shrivastava Introduction As is well known, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (“Atrocities Act”) was enacted by the Indian Parliament in 1989 as an anti-discrimination law. This legislation focused on countering negative discrimination against persons from the aforesaid categories. It crafted offences which had a nexus with their … Continue reading POCSO Or Atrocities Courts: Which Jurisdiction Is More ‘Special’?
Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings
-By Abhinav Sekhri Munawar Faruqui might have been about to crack a joke, but he was arrested by Madhya Pradesh police before he could do that. A case was registered against him which invoked offences such as Section 295-A IPC that are cognizable and non-bailable (more on that later). One court has dismissed his bail as well … Continue reading Munawar Faruqui is not an Exception: Systemic Malaise in Bail Hearings
The Criminal Law Blog 