Articles, IT Act

The Silence of Information and 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 and Technology (Amendment)Act, 2008 (IT Act) while examining cyber-crimes becomes a mute observer when the new form of cyber-crime… Continue reading The Silence of Information and 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

Articles, Criminal Jurisprudence

RE-THINKING SIMILAR FACT EVIDENCE IN THE CONTEXT OF INDIA

-By Shailendra Shukla* INTRODUCTION Section 14 of the Indian Evidence Act encompasses within its confines a rule known as ‘similar fact evidence’, understood to come within the facet of “character evidence”. As a concept, it states that evidence of facts similar to the fact directly in issue is admissible if it is logically probative, subject… Continue reading RE-THINKING SIMILAR FACT EVIDENCE IN THE CONTEXT OF INDIA

Articles

Recognition of Marital Rape as a crime in India: The next pitstop in the quest for women empowerment

-By Raja Reeshav Roy* and Bhavya Kansara**                                                                      PART II In the first part of our article, we discussed the concept of marital rape along with Rape laws in India and how marital rape is against the ethos of Part III of the Constitution of India. In this second part, we will be looking at… Continue reading Recognition of Marital Rape as a crime in India: The next pitstop in the quest for women empowerment

Articles

Recognition of Marital Rape as a crime in India: The next pitstop in the quest for women empowerment

-By Raja Reeshav Roy* and Bhavya Kansara**                                          PART I Every man has the right to life, to bodily integrity - Pope John XXIII Recently, The Ministry of Home Affairs appointed a five-member committee for reforms in criminal laws. The committee is slated to resume its meetings soon and it is expected that Marital Rape… Continue reading Recognition of Marital Rape as a crime in India: The next pitstop in the quest for women empowerment