Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian Constitution

~By Pragun Goyal Introduction Section 313 of the Criminal Procedure Code, 1973 (“CrPC”) has a profane silhouette around it. After the prosecution has closed its evidence, the accused is given an opportunity to explain the incriminating matter in evidence against him or her. No matter how bleak or scanty the prosecution evidence is, the court has to provide an opportunity …

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 …

Inimical Witnesses: Can Animosity Affect the Credibility of a Witness?

By Ritika Goyal “Enmity is a double-edged sword. It can be a ground for assault. It can also be a ground for false implication.” More than 150 years ago, Bentham stated that “Witnesses are eyes and ears of justice.” Undoubtedly, witnesses are important players in the judicial system and help the Judges in arriving at …

The Credibility of Child Witnesses

By Himanshu Tyagi The Supreme Court of India recently emphasized on the need of having special public prosecutors in the case registered under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Hon’ble Court observed that the prosecutors must be trained to deal with child witness in sexual harassment cases. As we all …