Articles, Movie review, Rape

Analyzing The Socio – Legal Aspect Of The Bollywood’s Courtroom Drama: Section 375

-By Ishita Shailesh* & Shubham Gupta** Introduction The present article intends to showcase the legal and social impact of one of the most realistic courtroom drama of Bollywood, Section 375. The authors have tried to critically analyze the movie in multifarious directions. The article flows with the story and has highlighted the events which portray the… Continue reading Analyzing The Socio – Legal Aspect Of The Bollywood’s Courtroom Drama: Section 375

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Editors Guild Terms Registration of FIR against Supriya Sharma as Unjustifiable and Reprehensible

Sushant Kumar. The UP Police registered an FIR against The Scroll Executive Editor Supriya Sharma in relation to a report titled "In Varanasi village adopted by Prime Minister Modi, people went hungry during lockdown". Mala Devi, a resident of Varanasi's Domari village, complained that Sharma misrepresented her comments and that she has made fun of her… Continue reading Editors Guild Terms Registration of FIR against Supriya Sharma as Unjustifiable and Reprehensible

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SC Directs High Courts To Come Up With A ‘Plan Of Action’ To Address Long Pending Criminal Appeals

Akanksha. The Supreme Court while hearing a criminal appeal against an order of Allahabad High Court directed the High Courts of Uttar Pradesh, Rajasthan, Madhya Pradesh, Patna, Bombay and Orissa to submit their plan of action to address the long pendency of criminal appeals before them. Referring to the statistics of National Judicial Data Grid,… Continue reading SC Directs High Courts To Come Up With A ‘Plan Of Action’ To Address Long Pending Criminal Appeals

Articles, FIR

Is Delay in Forwarding an FIR to Magistrate a Ground to Acquit the Accused?

-By Avani Malhotra* Introduction The word “Forthwith” is not defined in the Criminal Procedure Code,1973(Cr.P.C.). As per the Cambridge Dictionary, the word “Forthwith” means “immediately”. Section 157 of Cr.P.C defines the procedure for investigation. “Investigation” according to “Section 2(h) of the Code of criminal procedure, 1973 includes all proceedings for collection of evidence conducted by… Continue reading Is Delay in Forwarding an FIR to Magistrate a Ground to Acquit the Accused?

Articles, Money Laundering

The Constitutional Validity of the Amendments to the Prevention Of Money Laundering Act

-By Anand Krishnan Sunil* Background The Government of India has amended the Prevention of Money-laundering Act (PMLA), 2002. The amendments have been done through the help of a finance act. Noticeably, the amendment is making the offence a continuing offence rather than a one-time offence. While there are various other amendments which have been made,… Continue reading The Constitutional Validity of the Amendments to the Prevention Of Money Laundering Act

Articles, Res Gestae

The Interplay of Two Significant Problems with the Rule of Res Gestae

-By Shailendra Shukla* Res Gestae and Hearsay Evidence The Supreme Court in Babulal v. WIT Ltd noted that the statement of law in Section 6 of the Indian Evidence Act is known as res gestae. According to Black’s Law Dictionary, “res gestae is considered as an exception to the hearsay rule. In its operations it… Continue reading The Interplay of Two Significant Problems with the Rule of Res Gestae

Articles, FIR, free speech

Multiple FIRs for the Same Occurrence- Abuse of Process or Curtailment of Free Speech

-By Raja Reeshav Roy* “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.” - Montesquieu The Supreme Court of India in a largely unprecedented gesture agreed to hear an urgent plea filed by journalist Vinod Dua on 14th June 2020 which was… Continue reading Multiple FIRs for the Same Occurrence- Abuse of Process or Curtailment of Free Speech

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SC grants Interim Protection to Journalist Vinod Dua in Sedition case, refuses to stay investigation

Sushant Kumar. The Supreme Court on Sunday (May 14, 2020) granted interim protection to journalist Vinod Dua until the next date of hearing in a case filed against him alleging sedition and perpetrating communal disharmony. The bench comprising Justices UU Lalit, MM Shantanagoudar and Vineet Saran issued notice to the Centre, Himachal Pradesh government and… Continue reading SC grants Interim Protection to Journalist Vinod Dua in Sedition case, refuses to stay investigation

Articles, Legal Aid

A Case to Ensure “Competent” Free Legal Aid through the CrPC

-By Abhijeet Shrivastava* The Indian criminal justice system follows an adversarial form of trials, which pits the two parties (accused and complainant) against each other through their legal representatives. As reflected in the provisions of the CrPC, the truth is meant to be located by a trial judge from within the varying facts raised in… Continue reading A Case to Ensure “Competent” Free Legal Aid through the CrPC

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Allahabad HC grants Bail to Foreign Members of Tablighi Jamat, cites Equal Protection of Law

Akanksha. Justice Jaspreet Singh granted bail to 6 foreign members of Tablighi Jamaat who were the citizens of Kyrgyzstan. Highlighting the fact that the bail application of a foreigner and a citizen is on a same footing before the court of law, the court said, "The law does not permit any differentiation between Indian nationals… Continue reading Allahabad HC grants Bail to Foreign Members of Tablighi Jamat, cites Equal Protection of Law

Articles, Rape, Victimology

Need for Gender-Neutral Rape Laws: Unheard Voice of the Male Victims

-By Astutya Prakhar* & Prachi** Introduction The concept of gender-neutrality mainly aims to provide equals rights to every citizen. Whereas, with regards to rape laws, it aims to provide equal justice to every individual, irrespective of their gender. The Indian society has gone blind with the belief that a sufferer of rape can only be… Continue reading Need for Gender-Neutral Rape Laws: Unheard Voice of the Male Victims

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Can Anticipatory Bail order be reviewed under CrPC? Supreme Court issues Notice

Sushant Kumar. The Hon'ble Supreme Court has issued notice in a Special Leave Petition (SLP) filed against the order of the Gauhati High Court which asked the petitioner to show cause as to why his anticipatory bail be not cancelled. Ainul Hoque Molla, an accused in a cheating case, was granted anticipatory bail by the… Continue reading Can Anticipatory Bail order be reviewed under CrPC? Supreme Court issues Notice