By Shashwat Bhutani* The vice of drugs has always troubled the Governments of the world. Drugs not only have a detrimental impact on the consumers but also on those, who are in close contact with them, like family, friends, etc. This menace of drugs has plagued the nations around the world and India is no… Continue reading THE AFTERMATH OF THE HIRA SINGH JUDGEMENT
-By Raj Shekhar* & Mohd Rameez Raza** “Every saint has past and every sinner has a future. Law and justice should not be distant neighbours.” – Justice P. N. Bhagwati[i] Introduction: Understanding Plea Bargaining When we try to understand the concept of plea bargaining, we see it as an arrangement between the accused and the… Continue reading The Catholicon for Indian Criminal Justice System: Tracing the Evolution and Implementation of Plea Bargaining in India
Akanksha. A FIR has been filed before Punjab Police against OTT platform Amazon Prime Video and the producers of the webseries 'Paatal Lok' alleging that the series hurt the religious sentiments of the Sikh community. It pertains to the third episode of the series, 'A History of Violence', alleging that it has been intentionally made… Continue reading FIR Filed in Punjab, Alleging Paatal Lok Hurts the Sentiments of the Sikh Community
-By Shubhank Suman* & Sakshi Rathi** Does the fundamental right of freedom of speech and expression(under Article 19(1)(a) of the Indian Constitution) include offending someone in the name of trolling? This problem calls for legal dissection in the light of MEMES which becomes the basic medium of online trolling these days. Memes defined as an… Continue reading The Need to Regulate “Trolling by Memes”
By Raj Krishna* and Kumar Mukul Choudhary** I. INTRODUCTION “What happens after a person is arrested or detained? His troubles begin then. When he is detained or arrested and he is in the clutches of the police, he is alone in the world, and the forces of the Police, the forces of the Crown and… Continue reading Ritesh Sinha v. State Of Uttar Pradesh: A Critique
Sushant Kumar. In an important ruling by the Madras High Court, Justice Abdul Quddhose quashed the proceedings under Section 199(2) CrPC against a group of editors including N Ram (Editor-in Chief of ‘The Hindu’), Siddharth Varadarajan and Nakkheeran Gopal. The complaints were lodged in 2012 over alleged ‘criminal defamation against state’ for reports about the then… Continue reading ‘State should not impulsively invoke Section 199(2) CrPC to throttle democracy’: Madras HC backs ‘free press’
-By Srijan Jha* and Rijul Dubey** Part- II Having discussed the principles behind the application of anticipatory bail in the previous post, this part of the article elaborates two aspects in which the application of s.438 is omitted, i.e. territorial omission, omission from a special crime. i. Territorial Curtailment ofs.438 During emergency, the Uttar Pradesh… Continue reading Anticipatory Bail and the Effect of its Omissions
Akanksha. The Supreme Court had passed an order on March 23, 2020 extending the limitation period for filing cases looking at the coronavirus situation across the country. The bench of Justice Raja Vijayaraghavan V. Of the Kerala High Court held: "The provisions of the Code do not empower anyone to extend the period within which… Continue reading Accused’s Right To Default Bail Not Hampered by SC Order on Extension of Limitation: Kerala HC
Akanksha. Through a video conference, Siddharth Varadarajan had been granted an Anticipatory Bail by the bench of Justice Chandra Dhari Singh on the execution of a personal bond of Rs. 2,00,000/- with two sureties. The case pertains to a report published by "The Wire" on 31.03.2020 titled as "Covid-19 Cases Spike in Nizamuddin Nehru Stadium… Continue reading Allahabad HC grants Anticipatory Bail to ‘The Wire’ Editor Siddharth Varadarajan, refuses that he may flee from the country
Sushant Kumar. A single judge bench of Madras High Court on May 5, quashed the proceeding in a criminal defamation case against Economic Times and its journalist Sandhya Ravishankar while extending the rule in New York Times v Sullivan of actual malice to criminal defamation. The judgement authored by Justice G R Swaminathan is being… Continue reading Madras High Court provides ‘breathing space’ to free speech: Criminal defamation and the Sullivan Rule
In this blog series, the authors have discussed various aspects of anticipatory bail. The first part of the series throws light on the bare provision, its omission and interpretation done by the courts. The second part of the series elaborates on two aspects in which the application of s.438 is omitted, i.e. territorial omission and omission from a special crime.
By Namit Saxena.
In this piece, the author has analysed the petition filed by Arnab Goswami under Article 32 of the Indian constitution seeking inter alia among other reliefs, quashing of FIRs/complaints, the listing of this petition and the order passed by the Supreme Court.