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 …

‘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 …