Articles, Bail

§43D (5) of the Unlawful Activities Prevention Act, 1967 and the Reconstruction of Bail Law

-By Aanish Aggarwal* Introduction The Unlawful Activities Prevention Act (‘UAPA’), 1967 was established by the Indian Government for prevention of certain unlawful activities of individuals and organisations, and to also deal with matters related to terrorism. The UAPA became India’s primary act dealing with terrorism and other related activities following the repeal of the Prevention… Continue reading §43D (5) of the Unlawful Activities Prevention Act, 1967 and the Reconstruction of Bail Law

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.

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

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

Articles

Md. Kamueal Islam v. The State: Madras HC’s Interesting Take on the Blacklisting of Tablighis

-By Ishaan Gupta* Background The Supreme Court, while hearing the petition on validity of blacklisting of foreign Tablighis, has recently directed the petitioners to approach the individual High Courts to challenge it. This order is based on the Centre’s submission that individual orders had been passed for blacklisting these foreign Tablighis. A recent judgement by… Continue reading Md. Kamueal Islam v. The State: Madras HC’s Interesting Take on the Blacklisting of Tablighis

Articles, Contemporary

All Lives Matter: Is It So? – A need For Stringent Laws Concerning Protection Of Animals

-By Srishti Nigam* & Snehil Ajmera** Introduction India is a country where animals are considered to be sacred. Elephants (Elephas maximus) are worshipped as Lord Ganesha by the Hindus. Even after placing the elephants on the similar position with that of God, humans have left no stone unturned to show the inhumane activities. The country… Continue reading All Lives Matter: Is It So? – A need For Stringent Laws Concerning Protection Of Animals

Articles, Criminal Jurisprudence

Analysis of The Andhra Pradesh Disha Act from The Perspective of Criminal Jurisprudence

-By Srishty Satwat* Prelude After the brutal gang rape and murder of a veterinary doctor in Hyderabad, that shook the conscience of the entire country, the activists raised their demand for stringent measures to deal with such brutal cases of rape and murder. Consequently, The Disha Act 2019 of Andhra Pradesh, was  passed by the… Continue reading Analysis of The Andhra Pradesh Disha Act from The Perspective of Criminal Jurisprudence