Articles, POCSO, Rape

“Undressing the Prosecutrix”- Preparation to attempt or attempt itself (?): A Critical Analysis of Fayaz Ahmad Dar v UT of J&K

-By Digvijay Sahni* Introduction In a recent decision rendered by the High Court of Jammu and Kashmir, a single judge bench acquitted the accused of the charges u/s 376/511 IPC and convicted him for the offence of sexual assault u/s 7 and 8 of the POCSO Act. A perusal of the facts of the case… Continue reading “Undressing the Prosecutrix”- Preparation to attempt or attempt itself (?): A Critical Analysis of Fayaz Ahmad Dar v UT of J&K

Articles, UAPA

Favouring Unfounded Fear of Security Threat Over Personal Liberties: Restrictive Bail, Prisons, and the Death of Stan Swamy

-By Ayush Kumar* “I would rather die here very shortly if things go on as it is.”- Stan Swamy The oldest person to be accused of terrorism in India, 84-year-old Father Stan Swamy, fell victim to the criminal justice system catered by the draconian laws and an insensitive judiciary of our country. He spent his… Continue reading Favouring Unfounded Fear of Security Threat Over Personal Liberties: Restrictive Bail, Prisons, and the Death of Stan Swamy

House Arrest, Section 167

House Arrest: Broadening the Ambit of Section 167

-By Azeem Parvez* and Wasia Naqvi** The Hon’ble Supreme Court recently made a historic development in the domain of Criminal Law. While rejecting the bail plea of Gautam Navlakha, an accused in the Elgar-Parishad Bhima-Koregaon case, the division bench of Justice U.U. Lalit and Justice K.M. Joseph said that under Section 167 of Cr.P.C, Courts… Continue reading House Arrest: Broadening the Ambit of Section 167

Articles, Criminology

The Forbidden Land of Perpetrator’s trauma

-By Ananya Bajpai* Victim-centric approach has gained immense recognition over time. Several statutes like the Rome Statute of International Criminal Court extensively promote this approach that gives importance to their protection, rehabilitation, and other such legal and human rights. However, the excessive character of the victim's rights seriously undermines the rights and trauma of the… Continue reading The Forbidden Land of Perpetrator’s trauma

Articles, Criminology

Punishing the crime or the criminal? An Analysis of the Shabnam case

-By Disha Mohanty* Introduction Gender roles represent societal norms for conduct that are considered best for the particular gender. The gender role of women in society is that of a nurturer and caregiver. They are often looked upon as the more compassionate and accommodating gender. Men, on the other hand, are expected to be more… Continue reading Punishing the crime or the criminal? An Analysis of the Shabnam case

Articles, Defamation

Immunity to Advocates against Defamation –A Commentary on M.L. Ganesh v. CA V. Venkata Siva Kumar, 2020

-By Valan A* Introduction Criminal law stabilizes a public sense of justice by assuring general cooperation with legal rules. One of such legal rules with immense importance is the law of defamation. A man values his reputation more than his life and would rather die than living a life of ignominy and dishonour[1]. With special… Continue reading Immunity to Advocates against Defamation –A Commentary on M.L. Ganesh v. CA V. Venkata Siva Kumar, 2020

Articles, Rape, Sexual Assault

Character Assassination or Character Assessment?: The Tarun Tejpal Conundrum

-By Sakshi Lulla* Introduction In a recent case, Tarun Tejpal, the owner and former editor-in-chief of Tehelka Magazine, has been accused of sexually assaulting a journalist of the magazine in an elevator. The accused was acquitted by the Goa trial court, which stated that the complainant's sexual history was irrelevant to the current case. However,… Continue reading Character Assassination or Character Assessment?: The Tarun Tejpal Conundrum

Articles, POCSO

Adversity of Reverse Onus Clause Under POCSO, 2012: Balancing The Rights of Victim & Accused?

-By Avni Kumar Srivastava* & Jahanvi Jajoo** Introduction Under the Indian Criminal Jurisprudence, legislature to serve the purpose of deterrence, for the offenses which are against the very nature of the sanctity of the society, sought to dilute the general principle of presumption which could be seen in a number of special legislations such as… Continue reading Adversity of Reverse Onus Clause Under POCSO, 2012: Balancing The Rights of Victim & Accused?

Articles, Religion

The Tandav Case: Outraging Religious Sentiments or The Right of Artistic Expression?

-By Jesika Somani* & Kirti Vardhan Singh** The debate on restricting artistic freedom for protecting religious sentiments re-emerged after several FIRs were registered against the makers of the Amazon Prime Video’s web-series ‘Tandav’ under Section 153A, Section 295A, Section 298, Section 505 of the Indian Penal Code (“IPC”), apart from relevant sections of the Information… Continue reading The Tandav Case: Outraging Religious Sentiments or The Right of Artistic Expression?

Articles, punishment, Theories of Punishment

Imprisonment: Making a Bad Problem Worse

-By Aditi Behura* Adapting to incarceration is almost always challenging, and tends to result in the creation of dysfunctional thinking and acting in an individual during periods of post-incarceration adjustment. While the after-effects of incarceration can differ from person to person, the experiences of having been exposed to pain and deprivation of interaction with others are… Continue reading Imprisonment: Making a Bad Problem Worse

Articles, Criminal Justice System, Criminology

Analysing Parental Incarceration: A Critical Examination into the Oft-neglected Corner of the Criminal Justice System

-By Saloni Mishra* The hidden, unacknowledged and often disregarded victims of the criminal justice systems are the children of incarcerated individuals. Children of individuals imprisoned by the criminal justice system are exposed to a host of challenges, namely antisocial attitude, detention or expulsion from school, anxiety, stigma, increased poverty and criminal activity. It is important to… Continue reading Analysing Parental Incarceration: A Critical Examination into the Oft-neglected Corner of the Criminal Justice System

Articles, Criminology

Instigating a Dialogue About The Offenders: The Need of The Hour

-Gayatri Agarwal* & Harshita Sharma** Introduction There has been a tendency in media and society to showcase details of the crime and incline towards the victim-centric approach dissemination. What is lacking is the rationale that leads to the crime being committed and the facets related to the offender. Therefore, there is a need to understand… Continue reading Instigating a Dialogue About The Offenders: The Need of The Hour