“Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 of the Criminal Procedure Code “

-Himanshu Ranjan Introduction The recording of ‘information’ under Section 154 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C) is one of the most important procedures, which  inter alia sets in motion the criminal justice system as and when a cognisable offence is committed. Section 154, Cr.P.C is the inaugural provision of Chapter XII- …

The Mens Rea of Fraud: Lessons from the Great White North

-By Shreyas Sinha Introduction The Latin term ‘mens rea’ refers to the mental element of a criminal act, i.e., a legally-determined state of mind required to convict an individual of a criminal offence. A person can be said to possess the requisite mens rea vis-à-vis a criminal offence when – (1) they are aware that …

Returning to Barendra Kumar Ghosh – Part 2

By Niharika Mukherjee Assessment of Common Intention under Section 34 In its previous part, this article traced the development of the law, following the Privy Council’s decision in Barendra Kumar Ghosh v King Emperor, on the nature of participation required to hold an individual liable under Section 34 of the Indian Penal Code 1860 [IPC]. …

Quackery and the Urgency to Curb It

-By Sohini Bose Quackery is a socio-economic problem which is turned a blind eye towards for reasons unascertained. With the Government neither having taken any active interest nor steps to curtail it with the additional lacuna of dedicated penal provisions or legislation against it, this article proceeds to enumerate as to why and how quackery …

Rajesh Sharma And Ors. v. State of UP – Wrongly Feeds into the Narrative of 498A being Misused?

-By Khushi Agrawal INTRODUCTION With the incidents of domestic violence increasing by manifolds during COVID-19 times, it becomes pertinent to throw light on a 2017-judgement which reduced the importance of section 498-A IPC to a major extent. Section 498-A provides that if any person being the husband or the relative of the husband of a …

Analysing the exactitude of the acquittal in the Babri-Masjid demolition case

-By Kshitij Goyal and Kunal Gupta Introduction The Ram Janmabhoomi case has become a cause célèbre,a case which has garnered unprecedented public attention. The last part of the controversy got resolved on 30th Sept 2020 when the special court of CBI acquitted all the 32 accused in criminal dispute due to lack of evidence.What needs …

Locating Female Nudity in the Socio-Legal

-By Nirvani Bhawsar and Karshin Malik Recently, Rehana Fathima who is a women's-rights activist from Kerala was booked under Section 13, 14 and 15 of The Protection of Children from Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information Technology Act, 2000 (I.T.Act) and Section 75 of The Juvenile Justice (Care And Protection …

Deaths due to potholes: Need to invoke Criminal Liability

By Aneesha Sondhi The high number of accidents and deaths that take place due to potholes is appalling. There exists a lot of red-tapism and the authorities often absolve themselves from taking responsibility in such incidents. Municipal Corporation of Delhi (“MCD”) blames the Delhi Development Authority (“DDA”), DDA blames some other unknown vehicle and so …

Why Penalisation of Attempt to Commit Suicide is Not the Solution: A Response

By Paras Marya (This is in response to the previous post regarding retaining S.309 of the IPC and its validity presently in India (found here). In the post, it was argued that S.309, IPC serves another purpose and therefore, shall not be completely scrapped from the IPC. The following post provides a different perspective on …

Why Penalization of Attempt to Commit Suicide is Still a Valid Law?

By Akshay Shekhawat & Bhaskar Agarwal Introduction The tragic death of a young actor has once again sparked the debate around mental health and suicide. India, apart from being the country with the highest number of suicides, is also witnessing an upward trend in suicide cases with 230, 316 deaths alone were recorded in the …

Stranger Danger: Making a Case for Cyber Flashing as a Crime

By Shivangi Pandia Remember our parents telling us about the term “stranger danger” and the risk that we might be exposed to on the internet? Today the youth is facing much more insidious threats to its emotional and mental health with the menace of cyber flashing. Have you ever come across a situation when you …

COVID-19 – XVII: Survival Crime in the Time of Coronavirus

By Sezal Mishra INTRODUCTION The ‘loaf of bread’ example has frequently been employed in philosophical discussions of necessity. The classic problem is often posed as "Would you steal a loaf of bread in order to feed your family?" and is what is known as a moral dilemma. However, a legal solution to the moral conundrum …

Protest Petitions as a Tool to Check Unconvincing Closure of Cases

By Devangana Kuthari and Ishani Mookherjee The term ‘Protest Petition’ has not been defined under any statute in India, whether the Criminal Procedure Code (CrPC), 1973 or the Indian Penal Code, 1860. However, it has been accepted in practice and has been a part of the criminal procedure in India, even before independence, though with …

COVID-19 – III: Is Use of Lathi by Police During Lockdown Justified?

By Nishtha Gupta “The safety of the people is the supreme law.” -Markus Tullius, Roman statesman and lawyer The Indian state has recently faced the world’s largest lockdown wherein 1.6 billion people have been subjected to an unprecedented lockdown. This has obviously led to a certain protest in terms of people not following the lockdown …

COVID-19 – II: Lockdown and the Wave of Police Brutality

By Yashwanth J With the onset of nationwide lockdown following the COVID-19 pandemic caused by the coronavirus, various photos and videos have surfaced on the internet and the TV news channels portraying the highhandedness by the police officials against the flouters of the impugned curfew. The Government’s Guidelines on the measures to be taken by …

Delhi Riots: Duties of the State Organs

By Abhiraj Das and Nihal Deo On the 24th of February, when the international community was keenly looking forward to the U.S. President’s visit to India, a severe riot broke out in Delhi. More than 50 people are reported to have lost their lives with hundreds being injured, shops thrashed and several homes set ablaze. …