Attempt to Suicide : A Comparative Study of Indian Laws vis-a-vis Singaporean and Sri Lankan Laws

By Sneha Sanyal Introduction Suicide is a non-fatal self-directed potentially injurious behavior with an intention to die. This intention can be triggered due to numerous factors such as Psychiatric illness, Depression, Other mental disorders, Sexual/physical abuse (inclusive of childhood adversities), Abuse of alcohol/drugs, Stressful life events such as loss of loved one, imminent criminal prosecution, …

Section 251 CrPC and Discharge in Summons Cases: Part II

By Abhinav Sekhri [This is Part II of a multi-part series. The previous post in this series is here.] The previous post teased the issue of whether magistrates have the power to end criminal proceedings in Summons Cases at a stage prior to acquittal / conviction, after the magistrate has gone ahead and summoned the accused …

Decoding the UAPA Amendment Act: A Death of the Rule of Law?

By Mansi Gupta Introduction On August 2, 2019 the Parliament passed Unlawful Activities (Prevention) Amendment Bill, 2019 seeking amendment in the Unlawful Activities Prevention Act (UAPA), 1967. This bill allows the government to declare ‘individuals as terrorists’ as opposed to the previous law which allowed only organizations to be labelled as ‘terrorist organizations’ but not …

The Problematic Case of Sanctions Under Section 188, CrPC: Filling the Void

By Tanishk Goyal Introduction The extraterritorial application of Indian statutes abroad is something which has been the subject matter of debate for quite some time. To this effect, Section 4 of the Indian Penal Code (‘IPC’), and Section 188 of the Code of Criminal Procedure (‘The Code’), provide for the extra territorial application of Indian …

Section 251 CrPC and Discharge in Summons Cases: Part I

By Abhinav Sekhri Very recently, the Delhi High Court received a reference under Section 395 of the Criminal Procedure Code, 1973 [Cr.P.C.] to clarity certain issues of law. The matter has been registered as Crl. Reference No. 4 of 2019. The issues presented to the High Court are detailed in the order of 11.10.2019, and are extracted below: Does …

Rethinking ‘Fruit of the Poisonous Tree’ Doctrine into the Indian Evidence Act

By Priyanka Preet  ‘Even so every good tree bringeth: forth good fruit; but a corrupt: tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit.’ ~Matthew 7:17-18 A doctrine or a legal metaphor? The ‘fruit of the poisonous tree’ doctrine was perhaps a …

Moral Vigilantism: A Joint Effort Under the Garb of Preventive Action and Enforcing Ethical Behaviour

By Jayesh Kumar Singh Introduction The police are entrusted with the responsibility of prevention of cognizable offences; however, the Anti-Romeo Squads and Operation Majnu in Uttar Pradesh depict a pitiable tale of moral vigilantism. It refers to the actions of vigilant groups in enforcing a preconceived code of conduct based on personal morality, culture and …

Analysis of the Supreme Court Judgment in CBI v. M. Sivamani

By Aastha Gangwal Introduction The prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence has been discussed under Section 195 [“Section”] of the Code of Criminal Code, 1973 [“CrPC”].  It can be broadly categorized into three parts. Section 195(1)(a) deals with …

Unbridled Power in Hands of Married Women: A Brief Analysis of Section 498A of IPC

By Aditya Tripathi INTRODUCTION Section-498A of the Indian Penal Code, 1860 (IPC) was inserted by way of an amendment in 1983. It was enacted with the aim of providing protection to married women against cruelty by their husband or in-laws, which often may lead to cases of dowry deaths. However, with the changing scenario it …

P. Chidambaram v. Directorate of Enforcement: A Lost Opportunity?

By Udayan Tandan and R. Harikrishnan Recently, the Supreme Court in P. Chidambaram v. Directorate of Enforcement (hereinafter ‘Chidambaram’), had the occasion to consider the scope of Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter ‘PML Act’). To give a brief background of the case - In 2007, INX Media …

Rape as a Hate Crime

By Vedangini Bisht Some researchers prefer to call hate crime a misnomer. Because going solely by the literal meaning of the term, it would refer to a crime which is motivated by hate, when actually there is not hate, but prejudice involved, although there is no saying that there cannot be an overlap in them. …