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

Animal Cruelty, Articles

An Insight into Animal Cruelty Laws in India

-By Manan Daga* Animals are living beings who enter this world for their own purpose. They are the creatures filled with love, kindness, and loyalty, but are at a loss of speech. This does not mean that they cannot feel emotions like us. Hence, there are several laws in India for the protection of animals. In… Continue reading An Insight into Animal Cruelty Laws in India

Articles, Encounter Killings

Encounter Killing: An Interplay of Law and Emotions

-By Amit Kumar* Fake Encounters A Menace In the recent times, the instances of fake encounters have increased rapidly. According to the data of National Human Rights Commission (NHRC), since 1993, about 2,560 cases of encounter have been reported in the country, out of which 1,224 were found to be fake ones, which only means… Continue reading Encounter Killing: An Interplay of Law and Emotions

Articles, Ex-gratia

The Judicial Practice of Awarding Ex-gratia Reliefs: An Analysis

-By Vaayu Goyal* and Kunal Saini** Introduction Under the Indian criminal justice delivery system, a victim of a groundless arrest is denied the right to be adequately compensated for the mental agony, stress, and deprivation of personal liberty. In order to remedy this mischief and cater the lacuna, the Indian judiciary has adopted the Ex-gratia… Continue reading The Judicial Practice of Awarding Ex-gratia Reliefs: An Analysis

Articles

The Curious Case of Necrophilia in India: Why Defiling the Dead Should Be A Penal Offence

-By Shivam Kunal* and Ishita Sapre** Necrophilia is a word that denotes the sexual desire, attraction, stimulation or sexual act of a person towards a corpse; this bizarre term finds little to no recognition in the book of laws of most countries. While some countries do not recognize necrophilia as an offence, India penalizes it… Continue reading The Curious Case of Necrophilia in India: Why Defiling the Dead Should Be A Penal Offence

Articles, CrPC

Confessions Under Cr.P.C – A Critical Review

-By Govind Gehlot* & Anuj Shukla** Introduction Confessions rate in India is very less in number. The reason for this can be irregular practices of lawyers to save their clients by hook or crook, underrated convictions, and many more. Still, Indian Criminology system has adopted the adversarial form where the accused is presumed as innocent… Continue reading Confessions Under Cr.P.C – A Critical Review