Assessing the Quality of Legal Aid: Need for A Uniform Legal Framework

-By Harsh Panwar Introduction Access to legal aid is considered a pertinent issue by the stakeholders in the criminal justice system. However, much of the conversation on legal aid mechanisms have only been centred around access to legal aid to an accused. At the same time, there exists hardly any conversation around guaranteeing the ‘effectiveness’ …

Exploring Holocaust Survivors’ Post Liberation Delinquency: An Analysis Through an Unexplored Theory of Neutralization of Crime

-By Sanjeet Aggarwal The Nazi extermination camps of Central Europe, which used to murder over 2.7 million people during the Holocaust, were among the most brutal and barbarous manifestations of human malice and cruelty that anybody could persist through. On detainment by the SS(Schutzstaffel), the prisoners taken in by the Nazi's went through a literal …

Virendra Khanna v State of Karnataka –Passwords and the Dilution of the Right Against Self-Incrimination

-By Kashish Khandelwal In Riley v California, while holding that an accused cannot be forced by the police to reveal their password, the US Supreme Court observed that owing to the rapid development of technology, the majority of the people “typically carry a cache of sensitive personal information” in their pockets. However, this has also …

Anticipatory Bail in Offences under CGST Act: A Developing Jurisprudence

-By Nitesh Mishra The Central Goods and Services Act, 2017 (“the Act” or “CGST Act”) ushered in a novel tax regime in India. Section 132 of the Act has prescribed certain offences which attract punishment in accordance with the provisions of the Act. Owing to the recent enactment of the Act, there does not exist …

Marry your rapist: An unending saga of compromise in Rape Cases

-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 …

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 …

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 …

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 …

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 …

Right against Self-Incrimination: A Deontological Pitch

-By Shantanu Mishra Right against self-incrimination has its origins in the English common law and cannon law. It is an important right amongst a few rights which are available to the accused. The fact that it has been envisaged as a fundamental right in the Indian Constitution shows the importance that should be accorded to …

Victim Assistance in India: Broadening the Scope of Victim Reparations in the Criminal Justice System

-By Tanisha Prashant Introduction The justice system does not provide any succor to the victims of crime. The concept of fair trial and justice embodies in itself a triangulation of rights and interests of the accused, the victim and the society. Under an adversarial system, the rights of the community and the accused are exhaustively …

Parole in India – Current state and the Need for Reforms- II

-By Tanish Arora and Hardik Batra (This article is the second part of a two-part series.) The Need for Reforms and Suggestions As observed in the previous part, the subjectivity and non-uniformity in the procedure to increase the scope of rehabilitation and reformation throughout the country leads to significant confusion and differentiation. It is owing …

Misuse of section 295-A IPC: A Potent weapon in Criminalising Comedy and Cinema

-By Jai Babaria While India is deemed to be a secular country, religion has always divided us. There is a constant tussle between various religious groups, be it explicit or dormant and ‘outrage’ is a fairly common term nowadays where everything has the potential to offend, shock or disturb religious sentiments. Section 295-A of the …

Redefining the scope of Exculpatory Material at the Stage of Bail

-By Dev Bansal Introduction Recently, in Prashant Dagajirao Patil v. Vaibhav @ Sonu Pawar and Anr. Etc. (“Patil”), Hon’ble Supreme Court (“SC”) has observed that the High Court ("HC") cannot issue any such directions at the stage of bail which will have "a direct bearing upon the trial." Subsequently, it quashed the direction of the …

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 …

Preservation of Evidence: Need of our Criminal Justice System

-By Mujeeb Ur Rehman “A person is innocent until proven guilty” This is one of the most sacred principles of the criminal justice system, regardless of jurisdiction of which it belongs to; and in order to prove any person guilty, evidence against him/her is a mandatory requirement. Here the criminal justice system fails to believe …

Sexual Assault under the POCSO Act: A Flawed Interpretative Methodology

-By Sarthak Bhardwaj and Rupam Jha Introduction: In India, every sensitive socio-political development finds its way to the judiciary. The Supreme Court and the various high courts are constantly grappling with several matters of public importance. However, seldom do judgements assume the centre stage and become a subject of controversy. This is precisely what happened …

Solitary Confinement: A Temporary Measure Causing Permanent Isolation?

-By Aditi Behura Introduction Solitary confinement is a penal form of confinement in which a prisoner is isolated from fellow prisoners and is under rigorous surveillance. It has been established that such confinement is torturous, and has an adverse impact on the holistic well-being (physical and mental health) of the prisoner. Convicts are placed in …

Relevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis

-By Muskan Jhunjhunwala Introduction Sexual offences, in a general sense, are a rigorous attack on the body, particularly the molestation of genitals without the sufferer’s consent. It tends to outrage the dignity, self-respect and modesty of the victim and in its true sense is an attack on bodily integrity. Rape, in India, is considered a …

A Case against Chemical Castration for Sex Offenders

-By Rajashri Seal Introduction Recently, a post on the blog argued in favour of chemical castration laws by hailing chemical castration as an effective and constitutionally sound measure against curbing rape, especially when such procedure is carried out with the consent of the sex offender. In the recent past, there has been a clamour for …

‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging

-By Abhijeet Shrivastava Background This post concerns Bechu Kurian Thomas, J.’s recent judgment as a part of the Kerala High Court’s (“HC”) Single Bench in District Collector v. District Legal Service Authority (22.12.2020). The decision involved a temporal question over the scope of the provisions of Section 357A of the Code of Criminal Procedure, 1973 …

‘Miniscule Fraction of The Total Population’: Not Entitled to Legal Marriage and Protection from Abuse?

-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 …

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 …

Rethinking Mental Cruelty under Indian Matrimonial Law

-By Mohd Rameez Raza & Neha Tripathi The Hindu Marriage Act, 1955 (‘Act’ hereafter) lays down marital laws that are applicable to Hindus, Jains, Buddhists, and Sikhs. Up until the 1970s, the ground for divorce under the Act did not include ‘cruelty’. The various grounds were: voluntary sexual intercourse with any other person than his …

Is Punishment for AI Justified?

-By Amishi Aggarwal This is the second part of a two-part series. The earlier link can be accessed from here. Generally, punishment is justified on the grounds of deterrence, punishment, prevention, reformation etc. Some of the broad reasons behind the imposition of criminal punishment are: firstly, the consequentialist benefits that punishment brings about i.e. increasing the …

Analysing the Possibility of Imposing Criminal Liability on AI Systems

-By Amishi Aggarwal (This article is part-I of a two-part series) Introduction The increasing role of Artificial Intelligence (AI) in human life and the advancements in its functioning have raised numerous questions. AI entities have attempted to escape labs, made racist comments, injured, and even killed people. Usually, crimes committed by an AI entity have …

The status of Confessions in Wildlife Protection Act- A review of Discrepancies and Flaws

-By Nishtha Gupta INTRODUCTION India has enacted several special laws to ensure speedy and efficient disposal of cases applying to a special category of offences. One of such special legislations is the Wildlife Protection Act, 1972 [“WLPA”]. It has been enacted for the protection of flora and fauna and for the overall ecological and environmental …

‘Does Determinism obliterate Responsibility?’ A Critical Analysis

-By Aarchie Chaturvedi Introduction “The actual consequences which happen to proceed from any action, have a very great effect upon our sentiments concerning its merit or demerit, and almost always either enhance or diminish our sense of both.”                                                                                                                              -Adam Smith A good will is an intrinsic good, i.e., good in itself. It is like …

An Argument for the ‘Fruit of the Poisonous Tree’ Doctrine

-By Shuchi Agrawal Introduction The Indian Evidence Act of 1872 does not forbid the examination of illegally collected evidence by the Courts, if it is relevant or establishes guilt or innocence. However, Indian courts have had conflicting opinions on the admissibility and evidence value of illegally collected evidence. Two major doctrines related to this conflict …

Section 144 Cr.P.C. — Part VIII: Politicians, Protests, and the Court (1961 – 1970)

-By Abhinav Sekhri (This is the eighth part in a multi-part series on the Blog. Earlier posts in the series can be accessed here) The previous instalments in this series on Section 144 Cr.P.C. have attempted to trace a history that goes beyond the courtroom and looks at the provision more holistically by turning to the …

Need for Application of Judicial Mind in Granting Remand: Discerning the Nexus between Remand Periods and Media Pressure

-By Tanmay Gupta and Yashasvi Raj Introduction  As per Section 167 of the Code of Criminal Procedure (“Code”), an accused can be remanded for a maximum period of fifteen days at a time, up to ninety days. Conventionally, since the first day is included in the 24-hour production before the Magistrate, in practice, the maximum …

Chemical Castration of Sexual Offenders in India – A Need for Reformation in Indian Anti-rape Laws

- By Anand Singh Introduction - On November 24th, 2020, Pakistan’s cabinet approved two anti-rape ordinances that call for chemical castration of the rapists and setting up special courts for trails. The two ordinances are the Anti-Rape (Investigation and Trail) Ordinance, 2020 and the Criminal Law (Amendment) Ordinance, 2020. The legislation comes after an incident …

Rajesh Sharma And Ors. v. State of UP – Wrongly Feeds into the Narrative of 498A being Misused?

-By Khushi Agrawal INTRODUCTION With the incidents of domestic violence increasing by manifolds during COVID-19 times, it becomes pertinent to throw light on a 2017-judgement which reduced the importance of section 498-A IPC to a major extent. Section 498-A provides that if any person being the husband or the relative of the husband of a …

Some Thoughts after Diving into Prisons Data and Emerging on the Other Side

-By Abhinav Sekhri The National Crime Records Bureau [NCRB] runs the annual Crime in India reports as well as the Prison Statistics India reports. Both get their yearly moment in the sun when, around their publication, news stories with attractive pie charts get published with infographics to show that an unearthly number of cases are pending …

‘Fit State Of Mind’: An Argument for a more Objective Test for Recording Dying Declarations

-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 …

End of Justice? The Supreme Court’s Order in Hitesh Verma v State of Uttarakhand

by Prannv Dhawan & Ishwar Singh The Supreme Court’s recent judgment in Hitesh Verma v. State of Uttarakhand [decided on 05.11.2020] reversed an order of the Uttarakhand High Court and quashed the case with respect to allegations under SC/ST (Prevention of Atrocities) Act 1989 (‘the Act’). The Court held that insulting or intimidating a person belonging …

Preliminary Inquiry Before FIR: A Panacea for Malicious Prosecution?

-By Saisha Singh Earlier this year the Delhi High Court, in the process of hearing a case about registering FIRs against BJP Leaders, who have delivered alleged hate speeches, which are being said as being instrumental in inciting violence in NCR, was seen reminding the police to follow guidelines as established by the case of …

Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part II

-By Sudev Singh This is the second part of a two-part series. In the first part the author throws light on the case of Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case. An attempt has been made to highlight the importance of this case in the context of …

Privileged Evidence under S.123, Yashwant Sinha v. CBI and Beyond?-Part I

-By Sudev Singh Introduction - Background of the Controversy Yashwant Sinha v. Central Bureau of Investigation, more popularly referred to as the Rafale case involved a bundle of petitions, pertaining to the purchase of Rafale Fighter aircrafts by the Indian Government from France. Opposition parties and leaders alleged that the deal entered into by the …

The Irrationality of Section 27 of the Indian Evidence Act, 1872

-By Anshul Ramesh and Andolan Sarkar Introduction Confessions play an important role while deciding on the future course of action that is required to be taken by the police and also while securing the conviction of the accused. Sections 25 and 26 of the Indian Evidence Act, 1872 (“Evidence Act”) proscribe the admissibility of confessional …

The state of undertrial incarceration in India

-By Vidushi Gupta Introduction Prisons and correctional facilities are an essential component of the criminal justice system in India. However, very little attention is paid to the state of the Indian prison system. Particularly neglected is the group comprising undertrials within these prisons. The issue of undertrial prisoners in India first came to light in …

Need for exclusion of evidence obtained through entrapment in India

-By Gunjan Shrivastav https://reischlawfirm.com/wp-content/uploads/2018/02/When-Can-the-Entrapment-Defense-Be-Used-in-a-Criminal-Case.jpg In this blog, it is argued that any evidence obtained by the police by way of a trap should not be admissible in a court of law. In the absence of any specific provision that restricts the admissibility of evidence procured by way of trap, the court should adopt an approach …

Analysing the exactitude of the acquittal in the Babri-Masjid demolition case

-By Kshitij Goyal and Kunal Gupta Introduction The Ram Janmabhoomi case has become a cause célèbre,a case which has garnered unprecedented public attention. The last part of the controversy got resolved on 30th Sept 2020 when the special court of CBI acquitted all the 32 accused in criminal dispute due to lack of evidence.What needs …

China forces birth control on Uyghur Community: violation of International Law Principles

By Divyanshu Gupta Introduction In a recent report prepared by Adrian Zenz titled ‘The CCP’s Campaign to Suppress Uyghur Birthrates in Xinjiang’, it has come to light that China is forcing Uyghur women, a Muslim ethnic minority population in Xinjiang, to be sterilized and take birth control measures to curb its population. Adrian Zenz is …

Criminalizing Genetic Discrimination in India

By Sangita Sharma & Sayan Chandra Introduction Genetic Discrimination has acquired the platform for techno-social discussion for quite sometime now especially with the advent of life insurance companies excluding patients from their policy based on their genetic pre-disposition to any particular health condition. Such an act hits the basic tenet of rights of equal treatment …

Evaluation of Death Penalty in Modern Penology: A case for abolition

By AbhinavGoyal &Meghna Nimbekar The criminal law of our country has become rather static and this is attributable to the neglect of the Supreme Court of India in considering the jurisprudential questions which relate to crime and punishment. The Court is content in using its discretion by interpreting the law as it is, and does …

“Expounding Juvenile Culpability: Muddling Between Heinous and Serious Crimes”

By Mohd. Kumail Haider “Children are not things to be moulded, but are people to be unfolded.” -Jess Lair Cohesive Structuring- The United Nations General Assembly adopted the United Nations Standard Minimum Rules for the Administration of Juvenile Justice on 29th November, 1985. These Rules are commonly referred to as the Beijing Rules. Clause 4.1 of …

India’s blow to Humanity- Ignorance of Genocide and Prearrangement of Impunity

By Aniket Panchal and Diya Vaishnav  Introduction "It is forbidden to kill; therefore, all murderers are punished unless they kill in large numbers and to the sound of trumpets." This distinct quote by a French Writer Voltaire exposes a jarring truth in the realm of the domestic legislation of India. The substantive law of India …

Killing Many Birds with One Stone–Curing the Trials in India.

By Ansh Karnawat Introduction: Trials in India suffer from many flaws, but at the root of it all is the failure of foresight, easily visible from the growing divide between the intentions of lawmakers and their results, between their policies and the ground realities. The fundamental right to speedy trial under Article 21 of the …

Has the Supreme Court set an erroneous precedent by transferring Sushant’s death probe to the CBI?

By Shikhar Aggarwal Introduction The recent Supreme Court judgment, transferring the probe into the unnatural death of actor Sushant Singh Rajput and the surrounding circumstances, to the Central Bureau of Investigation (CBI), is being hailed as a victory for the public sentiment attached with the aftermath of his death. On the other hand, some believe …

Dr. Kafeel Khan and Our Punitive Preventive Detention Law

By Abhinav Sekhri On August 11, the Supreme Court had requested the Allahabad High Court to expeditiously decide the habeas corpus petition filed by Nuzhat Perween for her son, Dr. Kafeel Khan. The petition challenged orders for his preventive detention under the National Security Act of 1980 (NSA) that were passed on February 13, 2020. …

The Constitution Bench Judgment in Mukesh Singh — A Sensible Retreat from Automatic Bias

By Abhinav Sekhri On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State (Narcotic Branch of Delhi) [SLP (Crl.) Diary No. 39528/2018 decided on 31.08.2020, along with other batch matters]. The Constitution Bench had been assembled to decide on the correctness of a Three Justices' Bench decision of …

Constitutional Failures of the CrPC: An Analysis of S. 41D and An Accused’s Right to Legal Counsel

By Shivjeet Parthasarathy The deaths of George Floyd in the US, and Jayaraj and Bennix in India have resulted in significant outcry against the power wielded by the police. In light of these events, the right to have a lawyer becomes much more relevant as it is an important check on police power. The right …

The ‘othering’ of death row prisoners and their victims: two sides of the same coin

By Ashna D. Introduction Most societies perceive the rights of accused persons as diametrically opposite to the rights of their victims, and our society is no different. In January 2020, the central government urged the Supreme Court to issue ‘victim-centric’ guidelines in death penalty cases, suggesting that the present framework adopts an overly ‘accused-centric’ approach. …

Deaths due to potholes: Need to invoke Criminal Liability

By Aneesha Sondhi The high number of accidents and deaths that take place due to potholes is appalling. There exists a lot of red-tapism and the authorities often absolve themselves from taking responsibility in such incidents. Municipal Corporation of Delhi (“MCD”) blames the Delhi Development Authority (“DDA”), DDA blames some other unknown vehicle and so …

Different stages of criminal trials that are impacted by covid’19

By Aaj Sikri "COVID-19 descended without a warning. We limited the number of lawyers, sanitised the courtrooms et al. However, access to justice cannot be suspended even if there is a lockdown"-Justice D.Y. Chandrachud            INTRODUCTION: COVID'19 being the most unprecedented situations of all time, has impacted not only country’s economy but the legal functioning …

Inflammatory Speeches during Delhi riots: why even ‘Lalita Kumari’ can’t make High Courts direct the registration of FIRs

By Krishnagopal Abhay , In late February, a PIL was filed in the Delhi High Court by Mr. Harsh Mander, seeking registration of FIRs against several political leaders for alleged inflammatory speeches, which as per him instigated the riots in North-East Delhi. In the affidavit submitted by Delhi Police, inter-alia, the maintainability of the PIL …

The Tofan Singh Reference — Part 4: Summing Up

By Abhinav Sekhri (This is the fourth part of a multi-part series. Previous posts discussing Tofan Singh can be accessed here) The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") …

Need for Mitigation Investigation in Death Penalty Cases in India: A Step to Ensure Individualized Sentencing

By Merrin Muhammed Ashraf Capital sentencing practice in India is in a broken state and in the words of the Law Commission, death penalty is being imposed ‘arbitrarily and freakishly’ by the courts. Since our penal laws do not provide for mandatory death penalty for any offence, the sentencing court has the onerous task of …

The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act

By Abhinav Sekhri The previous two posts in this series have discussed the facts in Tofan Singh, the relevant statutory provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 [NDPS] and the Criminal Procedure Code 1973 [Cr.P.C.], and also the first proper issue posed in the reference: Whether officers of the central and / …

The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

By Abhinav Sekhri, Shashwat Bhutani and Rishabh Narain Singh This blog has introduced the scope of the reference in Tofan Singh and the statutory context of the NDPS Act. Which means that we can straightaway jump in to discuss the first question: Whether an officer who investigates a case under the NDPS Act is a "police officer", …

The seesaw exercise of Immunity obligations under International (Criminal) law outside the ‘Security Council route’

By Vedantha Sai and Winy Daigavane Introduction The International Criminal Court can exercise jurisdiction over Heads of States (“HoS”) not party to the Rome Statute provided the alleged offences are committed in the territory of State Party. However, the problem arises in the enforcement of such jurisdiction as it involves State-to-State interactions in the process …

Aghnoo Nagesia v State of Bihar: analysing section 25 of the Indian Evidence Act, 1872

By Somyajit Mohanty Introduction “There is a great deal of laziness in it. It is far pleasanter to sit comfortably in the shade rubbing red pepper into a poor devil’s eyes than to go about in the sun hunting up evidence.”[1] A three-judge bench of the Supreme Court of India, in the case of Aghnoo …

The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act

By Abhinav Sekhri In this first substantive post, the focus is on getting the facts straight. The legal issues that are bound to be raised turn on some very specific facts, and so it is critical to be sure of just what had happened in Tofan Singh. After having set out the facts, the post …

National Security Law 2020: a tool for curbing dissent and massacring Hongkong’s autonomy

By Shubhankar Tiwari and Snehil Tiwari Introduction On June 30, 2020 the Chinese Parliament unanimously passed the national security law titled - ‘The Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (HKSAR)’. The new law was passed just an hour before the Hong Kong Day …

Sushant Singh Rajput matter: Continuing dilemmas in Investigation

By Harpreet Singh Gupta and Sahil Raveen Late Sushant Singh Rajput, an actor with pan India following, was found hanging on June 14 at his Bandra residence. The unnatural death is raising a number of questions in relation to the power of police to investigate a cognizable offence. After Sushant’s death, Bandra police filed the …

Palghar, Alwar and Beyond: The Anatomy of Lynching Necessitating a Legal Framework

By Mahima Balaji On the night of 16th of April 2020, three men were attacked in the district of Palghar in Maharashtra, India. The men were dragged out of their vehicle and were subjected to brutal violence due to suspicion of them being thieves. The mob that attacked them is estimated to be over 100 …

Section 144 Cr.P.C. — Part VII: Same Old, Same Old? (1950 to 1960)

By Abhinav Sekhri (This post is the seventh part in a multi-post series. For previous posts, see here) A long time ago, this multi-part series studying the long historical arc of Section 144 Cr.P.C. had reached the decade leading up to India's independence and the coming into force of the Constitution of 1950. This post …

Sanctions to prosecute MPs and MLAs : An analysis

By Anuj Shukla and Govind Gehlot INTRODUCTION A high voltage political drama unfolded in the state when the CM Ashok Gehlot of congress-led Rajasthan government accused BJP of toppling their MLA’s with bribe, while Deputy Chief Minister Sachin Pilot along with 30 supporters alleged the Government to be in minority. Government pressed the charges against …

Critical appraisal of Bail law under §43d(5) of the Unlawful Activities (Prevention) Act, 1967

By Abhinav Gupta Introduction Bail can be defined as a security such as personal bond or surety, required by the courts for the release of a person accused of committing a crime from custody. The accused, however, must appear before the court for future hearings.Bail is provided as a matter of right and is only …

Criminalization of the practice of FGM in Sudan: A Ray of Hope

By Arush Mittal Introduction Sudan has recently seen a landmark development concerning the rights of women, as the Sudanese government has recently ratified and criminalized the draconian practice of Female Genital Mutilation (‘FGM’). In the past, the transitional government had been working to curb this widespread practice and in turn, approved the draft legislation after …

Criminal Law Reform — Many Misgivings, and the Long, Uncertain, Road Ahead

By Abhinav Sekhri Introduction The Indian law school experience revolves around the idea of submitting "projects" or "assignments". At the start of the 5-year marathon, many of us used to be petrified about the idea of failing to submit the assignment beyond the "Last Last Day" — the last permissible date for handing in the …

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 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 …

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 I

By Keshab Roy Choudhury Introduction The Supreme Court of India (‘SC’), in some legal and academic circles, is regarded as ‘the world’s most powerful Supreme Court'. However, it can easily be argued that the High Courts (HC’s) have equal, if not more, power vis-à-vis the SC. First, the jurisdiction of the HC under A.226 of …

Neither bail nor a remedy to avail- the ignorance of the government towards the 277th report of the Law Commission of India

By Sahibnoor Singh Sidhu Introduction The Delhi High Court via an order in the case of BablooChauhan v. NCT of Delhi(247 (2018) DLT 31) had requested the Law Commission of India (“LCI”) to examine the issue of relief and rehabilitation of victim of wrongful prosecution and incarceration. The High Court was of the strong opinion …

The Need to Criminalize Juvenile Incest in India

By Akshita Tiwary Introduction Incest is defined as the sexual relationship between close blood relatives who are forbidden by law to marry. While many developed nations around the world have criminalised incest, the Indian Penal Code contains no specific provision against this crime. This article aims to analyse why it is imperative to have a …

The Supreme Court, 65-B Certificates, and Electronic Evidence

By Abhinav Sekhri A Three Justices' Bench of the Supreme Court delivered a much-awaited decision in Arjun Panditrao Khotkar v. Kailash Kushanrao & Ors. [Civil Appeal Nos. 20825-26 of 2017, decided on 14.07.2020 ("Arjun Panditrao")]. The issue referred to the Three Justices was an apparent conflict that had emerged in the position of law on the …

Online Gambling and the Regulation of Money Laundering

By Vibhore Yadav Introduction Modern money laundering essentially relies on legitimate businesses characterised by a large cash-flow and complex, anonymous transactions that are difficult to trace in order to convert proceeds from illegal activities into ‘clean’ money which can be used for legitimate purposes. Historically, businesses such as retail outlets, restaurants, rental companies, casinos etc. …

Why Penalisation of Attempt to Commit Suicide is Not the Solution: A Response

By Paras Marya (This is in response to the previous post regarding retaining S.309 of the IPC and its validity presently in India (found here). In the post, it was argued that S.309, IPC serves another purpose and therefore, shall not be completely scrapped from the IPC. The following post provides a different perspective on …

Snippet: The Delhi High Court Order In Sharjeel Imam’s Case

By Abhinav Sekhri On July 10, the Delhi High Court delivered its judgment and final order in a petition filed by Sharjeel Imam [Crl. M.C. 1475/2020] challenging the order passed under Section 43-D(2) of the UAPA, by which the police have been granted additional time to complete the investigation in a case filed against him. The extension …