Is the 2019 Amendment to the PMLA “Retrospective” in its Operation?

By Sameer Sharma I had written a short article recently on the amendments to the Prevention of Money-Laundering Act, 2002, and as to how these amendments clarify the conception of what money-laundering constitutes. Now, with the INX Media case involving money-laundering allegations against former Union Finance Minister Mr. P. Chidambaram pending before the Supreme Court, …

Compensation to Rape Victims- A Critical Analysis.

By Sandhya Gupta The criminal law of any country is the basis to punish the public wrongs done by an individual as well as to act as a deterrent for the society. The criminal law deals with various categories of crimes and their respective punishments/penalties. In India, one such category is the sexual offenses against …

Is PMLA Being Retrospectively Applied in the INX Media Case?

By Bhaskar Kumar   Introduction The provisions of the Prevention of Money Laundering Act, 2002 [“PMLA” or “the Act”] have again caught attention when Dr. A.M. Singhvi argued that the Act is being retrospectively applied in ongoing INX Media case involving Mr. P. Chidambaram. Dr. Singhvi asserted that Mr. Chidambaram could not be tried for an …

Brazil: Discrimination Against the LGBTQ Community is a Penal Offence.

By Raj Krishna and Snehil I. INTRODUCTION AND BACKGROUND  On 13th June 2019, Brazil’s Supreme Federal Court by a majority of 8 to 3 declared discrimination based upon sexual orientation and gender identity a criminal offence under the Brazilian hate crime law of 1989 (Law 7716 of 1989). Initially, the Brazilian law recognized discrimination only …

Under-reported Interpretation of Rape via Prism of Criminology.

By Amreen Tapadar and Deeksha Sharma As loathsome and obnoxious the concept of inflicting pain on non-consenting parties to derive sadistic pleasure appears to one, the actuality in cases of rape is the application of sexual sadism. Unfortunately, the justice system prevailing in our nation has opted for discounting the criminology behind rape and has …

Identifying the Juvenile: Is Age the Correct Criterion?

By Khushboo Agrawal The significance of the Juvenile Justice system comes to surface because of the incapability of the juveniles to understand the nature and consequences of their acts. Subjecting these juveniles to the normative criminal justice system may be deleterious. For bringing these juveniles under the justice system, they must first be identified. Various …

Serving Death Penalty on a Silver Platter: Khushwinder Singh v. State of Punjab

By Rajat Sharma INTRODUCTION Recently, while speaking to Project 39A of National Law University, Delhi, Retd. Justice Kurian Joseph echoed the concerns surrounding the awarding of death penalty or the capital punishment in India in the rarest of rare cases by the Supreme Court (hereinafter SC). This is a sentiment that was also highlighted in …

The Public Prosecutor & the Child Victim

By Vrinda Aggarwal Justice has been viewed as a triangulation of three interests – the interest of the accused, represented by the defence attorney, the interest of the society to punish a crime, represented by the public prosecution (PP) and the interest of the victim, which often remains unrepresented.[i] This article aims to discuss this …

Stealthing as Post-Penetration Rape

By Bhaskar Kumar In a recent Canadian case, the Ontario Superior Court of Justice held that non-use of a condom against a participant’s wishes would amount to rape as it robs a partner of his or her liberty to engage in sexual relationship as per the agreed terms and conditions. In this case, the woman …

Prosecutor or Persecutor: Analysis of Madhya Pradesh Government’s Reward System

By Palak Jain The criminal justice system places the right to a fair trial at the highest pedestal. To secure this right to both the victim and the accused, there is state and non-state machinery that plays a significant role. This includes the police that conducts the investigation, the legislators that enact the law and …

Should Marriage Be Considered As A Ground For Exercising Inherent Power to Quash A Rape Case?

By Shiv Kumar Sharma  The Kerala High Court in its recent judgment, in the case of Ashiq N.A. v. State of Kerala[i], has exercised its inherent power to quash criminal proceeding in a rape case as the accused has married with the victim.  As per the High Court, the victim and the accused have entered …