Articles, Corona Virus

Crime and Coronavirus

-By Vidhik Kumar* Introduction The global outbreak of the SARS Covid-19 virus has caused catastrophic damage to human civilization and its institutions. Initially, though the virus was ridiculed and ignored by several counties, it had caused great harm to the people, businesses, institutions, and jobs globally. Due to the virus around 1,000,000 people have lost… Continue reading Crime and Coronavirus

Articles

Reassessing The Legality Of Sting Operations In India

-By Nilavan S* and Abhijit Kashyap** Introduction  Sting operations are covert operations used to investigate people and catch them doing an illegal act. It is used both as part of as enforcement and investigative journalism. There is much debate on whether a sting operation can be legal, and if legal what are to be the… Continue reading Reassessing The Legality Of Sting Operations In India

Articles

VALIDITY OF WARRANTLESS SEARCH AND SEIZURE: THE ELECTRONIC EVIDENCE DEBATE

-By Shouraseni Chakraborty* THE ‘NEED’ OF A WARRANT Section 93 of the Code of Criminal Procedure, 1973 (the Code) entails the situations when search warrants can be issued. If the Court believes that the person to whom the summon or order under Section 91 has been addressed, will not adduce such document essential to the… Continue reading VALIDITY OF WARRANTLESS SEARCH AND SEIZURE: THE ELECTRONIC EVIDENCE DEBATE

Articles, Evidence

Fair Disclosure of Exculpatory Evidence In India: A Pressing Need?

-By Akshay Bhandari* Introduction The right of fair trial is a universally recognized norm in human rights law. The concept of fair trial has been mentioned under Article 10 of Universal Declaration of Human Rights, 1948 and Article 14 of the International Covenant on Civil and Political Rights. An obligation has been placed on the… Continue reading Fair Disclosure of Exculpatory Evidence In India: A Pressing Need?

Articles

Fair Disclosure of Exculpatory Evidence In India: A Pressing Need?

-By Akshay Bhandari* Introduction The right of fair trial is a universally recognized norm in human rights law. The concept of fair trial has been mentioned under Article 10 of Universal Declaration of Human Rights, 1948 and Article 14 of the International Covenant on Civil and Political Rights. An obligation has been placed on the… Continue reading Fair Disclosure of Exculpatory Evidence In India: A Pressing Need?

Articles, Criminology

Fixing The ‘Broken Windows’: No Impunity For Delinquencies

-By Anushka Choudhary* As per a French saying “He who steals an egg, steals an ox”. In other words, to let minor crimes and misdemeanors go unpunished or unnoticed only goes on to provide a psychological safety net not only to the offenders, but more so to the people who witness the commission of such… Continue reading Fixing The ‘Broken Windows’: No Impunity For Delinquencies

Articles

Letters Rogatory: Offshore Assistance

-By Tushar Ranjan* Introduction The term ‘letters rogatory’ is derived from the Latin term ‘rogatorius’. Letters Rogatory are letters of a request sent by the court of one country to the court of another country for obtaining judicial assistance in the investigation, i.e., service of process and taking of evidence or prosecution of a criminal… Continue reading Letters Rogatory: Offshore Assistance

Articles, Criminology

Criminology of Menstrual Hysteria

-By Adithi Rao* Introduction Since the ancient times, women in India have been considered to be biologically inferior to men as they are more emotional, and gentler. Therefore, a woman committing a crime was considered as an abnormal act. On the other hand, a man committing a crime was seen as a symbol of masculinity.… Continue reading Criminology of Menstrual Hysteria

Articles, IT Act

The Silence of Information Technology Act, 2008

-By Piyush M. Dwivedi* In today’s time where social media is considered as a free domain to express oneself, there are certain instances where the law takes us to a dead-end without any remedy. The Information Technology (Amendment)Act, 2008 (IT Act) while examining cyber-crimes becomes a mute observer when the new form of cyber-crime emerges.… Continue reading The Silence of Information Technology Act, 2008

Explained

Examining Prosecutorial Independence in India

-By Siddhant Ranjan* Public Prosecutors: Not Ordinary Counsels Up until the enactment of the Code of Criminal Procedure, 1973, prosecutors functioned under the control of the police department of the respective states and were effectively a part of the department. The prosecution has since been detached from the Police Department. The Honourable Supreme Court, in… Continue reading Examining Prosecutorial Independence in India

Newscast

The Supreme Court and the Law Commission on Section 309 IPC

Akanksha. On 11th September, a bench headed by Chief Justice of India SA Bobde made some remarks on Section 309, IPC which criminalises attempt to suicide. According to the bench, Section 115 of Mental Healthcare Act impacts Section 309 IPC. Section 115(1) reads as, "notwithstanding anything contained in section 309 of the Indian Penal Code… Continue reading The Supreme Court and the Law Commission on Section 309 IPC

Articles, Eyewitness

Eyewitness Memory: The Damaging Effect of Weapon Focus

-By Subhasree Neogy* “It is better that ten guilty escape than one innocent suffers.” -William Blackstone Introduction Eyewitness testimony in simple terms, is the description of a crime or accident by a person who witnesses it on being present at the scene at that moment. Eyewitness memory is affected by a series of elements, with… Continue reading Eyewitness Memory: The Damaging Effect of Weapon Focus