Articles

AGE OF CONSENT V. SEXUAL AGENCY: A CRITICAL ANALYSIS OF THE POCSO ACT

-By Shravani Shendye* & Kinjal Sharma** Indian law criminalises consensual sexual relations between adolescents belonging to the age group of sixteen to eighteen years. This legal issue regained focus when recently, the Madras High Court suggested decriminalising such consensual sexual relations via appropriate amendments to the Protection of Children from Sexual Offences Act, 2012 (POCSO… Continue reading AGE OF CONSENT V. SEXUAL AGENCY: A CRITICAL ANALYSIS OF THE POCSO ACT

Articles, Criminal Jurisprudence

HARMONIZING THE LEGISLATIVE INTENT AND ALTERNATIVES TO DECRIMINALIZATION: SECTION 138 OF NI ACT, 1881.

 -By Gunjan Bahety* and Tanmay Joshi** INTRODUCTION The COVID-19 pandemic has affected the Indian economy drastically which has triggered the decline of the employment rate and business losses. To boost the downturn in the business market, lure the domestic and foreign investors, enhance the ease of doing business and to clear the clogged court system… Continue reading HARMONIZING THE LEGISLATIVE INTENT AND ALTERNATIVES TO DECRIMINALIZATION: SECTION 138 OF NI ACT, 1881.

Contemporary, Criminal Jurisprudence

THE NOTION OF CUSTODIAL TORTURE: WHY INDIA NEEDS TO INTROSPECT

-By Ritik Kanoujia* and Deeptam Bhadauria** INTRODUCTION While the world continues to tackle the global Covid-19 pandemic, a new social movement has seen sharp upsurge when two horrific cases of police brutality stunned the whole world, while the George Floyd case got ample media attention throughout the world and started a major movement related to… Continue reading THE NOTION OF CUSTODIAL TORTURE: WHY INDIA NEEDS TO INTROSPECT

Articles

NDSO: ANOTHER FAILED ATTEMPT TO FIGHT SEXUAL VIOLENCE

-By Moksha Kothari* INTRODUCTION In the year, 1993, the United States of America enacted the Jason Wetterling Crimes Against Children and Sexually Violent Offender Registration Act which made it mandatory for a person convicted of certain types of sexual offences to be registered with the authorities under a registry which would contain personal information, employment… Continue reading NDSO: ANOTHER FAILED ATTEMPT TO FIGHT SEXUAL VIOLENCE

Articles

Lack of Effective Implementation of Posh Act: An Analysis of the Procedural Setbacks

-By Shreya Parashar* & Parnika Goswami** Introduction The Supreme Court for the first time emphasised the need for legislation for the prevention of sexual harassment of women at workplaces in the landmark judgment of Vishaka v. State of Rajasthan. In the absence of law regarding the same at that time, the Court promulgated certain guidelines… Continue reading Lack of Effective Implementation of Posh Act: An Analysis of the Procedural Setbacks

Newscast

Need of the hour to relook at Section 65B, Indian Evidence Act: Supreme Court

Akanksha. While hearing the case of Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal, the court held that the requirement of certificate under Section 65B (4) is a condition precedent to the admissibility of electronic evidence.  Justice V. Ramasubramaniam, giving a concurring judgment, said, "The major jurisdictions of the world have come to terms with the… Continue reading Need of the hour to relook at Section 65B, Indian Evidence Act: Supreme Court

Newscast

Supreme Court adjourns Journalist Vinod Dua’s plea on SG’s request, extends Interim Protection

Sushant Kumar. The Supreme Court, on Monday (July 20) adjourned the plea seeking for the quashing of an FIR filed against Journalist Vinod Dua, at the request of Solicitor-General Tushar Mehta, appearing on behalf of the Himachal Pradesh police. It has been listed for further hearing on the next Monday, July 27. Consequently, the Apex… Continue reading Supreme Court adjourns Journalist Vinod Dua’s plea on SG’s request, extends Interim Protection

Articles, Human Rights

The Forgotten Human Rights of Prisoners in India

-By Shivam Tripathi* The Indian criminal justice system has undergone drastic changes in the last few decades, and the old idea of deterrence has evolved towards a more reformative approach to incarceration that addresses human rights and reinsertion into society. Indian prisons are governed both by central and state legislation, namely The Prisons Act of… Continue reading The Forgotten Human Rights of Prisoners in India

Articles, Summons

Recalling of Summons- The Judicial Engagement

-By Nandini Gulati* The Code of Criminal Procedure has its foundation on principles of natural justice. Its main objective is to provide an opportunity for the accused to get a fair trial in accordance with provisions of the Constitution of India and to prevent any delay in investigation and trial to ensure fair justice. At… Continue reading Recalling of Summons- The Judicial Engagement

Articles, Contemporary, Human Rights

TOWARDS A TRANS-INCLUSIVE WORKPLACE: MOVING PAST THE HETERONORMATIVITY

-By Riya Thawani and Jhalak Gupta* “The rule of law requires a just law which facilitates equality, liberty, and dignity in all its facets,”- Justice D.Y. Chandrachud. The measures against age-old and institutionalized cruelty have to be implanted by every possible means and towards all aspects, to support the change. India has taken a step… Continue reading TOWARDS A TRANS-INCLUSIVE WORKPLACE: MOVING PAST THE HETERONORMATIVITY

Articles

An Analysis of Confidence in Eyewitness Testimony

-By Subhasree Neogy* Introduction Eyewitness testimony can be described as the personal account of any individual present at, or near the scene of a crime or accident. In any criminal investigation, eyewitnesses are depended upon to shed some light on the facts of a case unknown to the authorities, because the eyesight of a human… Continue reading An Analysis of Confidence in Eyewitness Testimony

Newscast

Sushant Kumar. A letter has been penned to Prof. (Dr.) Ranbir Singh, Chairperson of the Committee for Reforms in Criminal Laws and Vice Chancellor (NLU Delhi), raising strong objections to the constitution, processes employed by the Committee, lack of diversity and rushed timeline proposed. The letter has been written by a group of lawyers, activists,… Continue reading