In ‘Furtherance’ of Substituting Criminal Conspiracy

-By Sarthak Wadhwa (This article is the second part of a two part series) Introduction In a recent two-part post on this blog, Shraddha and Yana present a comprehensive account of how colonial era laws are weaponized to ‘crackdown on dissent’ – and how the detention of Safoora Zargar and Disha Ravi for sundry charges …

Crackdown on Dissent: A Conspiratorial Approach

~Sarthak Wadhwa (This article is the first part of a two-part series) Introduction In a recent two-part post on this blog, Shraddha and Yana present a comprehensive account of how colonial era laws are weaponized to ‘crackdown on dissent’ – against the ideals of democracy and criminal justice as found in the Indian Constitution and …

Section 295A and Harm-Offence Debate

-By Kirti Meena and Sandli Pawar Introduction Section 295A of the Indian Penal Code, 1860 has become a catchword in the context of any real or reel issue related to hurting religious sentiment. Section 295A criminalises any deliberate or malicious act intended to offend the religious sentiment of any class of people. The Section mandates …

The Abuse of Parole and Furlough – An Analysis

-By Mannat Marwah Introduction Parole or furlough is the temporary release of a prisoner before they have completed their sentence, on a conditional basis. Rules relating to parole and furlough are enshrined under the Prison Act, 1894 and the Prisoner Act, 1900. Each state has its own rules governing parole and furlough with only minor …

Reverse onus of proof: An incongruity in UAPA

-Himanshu Mishra In all countries, the laws to prevent unlawful activities that may cause harm to the sovereignty and integrity of a nation are extremely consequential. In India, a law called Unlawful Activities Prevention Act, 1967 [hereinafter, “UAPA”]was enacted for this purpose. In recent times, our country has witnessed a plethora of UAPA cases and …

The Supreme Court and Delays in Cheque Bouncing Cases

-By Abhinav Sekhri This April, a Constitution Bench of the Indian Supreme Court took up the issue of delays in cheque bouncing cases — i.e., complaints instituted under Section 138 of the Negotiable Instruments Act 1881 — and passed some important directions on how such cases should be run [Order dated 16.04.2021 in Suo Motu Writ Petition (Crl.) 2 …

A Closer Look at the 1976 Deletion of Section 438 CrPC in Uttar Pradesh

-By Abhinav Sekhri (Special thanks to Ashna D and Aniket Singh for their help with research on some aspects.) In 2019, the State of Uttar Pradesh amended the Criminal Procedure Code of 1973 insofar as it applied to the state, to re-insert Section 438 (its at the end of the linked file) which provides for anticipatory bail. …