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

Explained, Maintenance

Adultery and Maintenance- An Uneasy Coexistence

-By Kirti Talreja* & Abhishek Singh** Introduction Adultery also termed as “Infidelity” or “Violation of Marriage Bed” is a consensual physical correlation between individuals of the opposite sex who are not married to each other. It is an age-old predicament of the society that has always been surrounded by controversies arising out of constant alterations… Continue reading Adultery and Maintenance- An Uneasy Coexistence

Explained, Plea Bargaining

The Catholicon for Indian Criminal Justice System: Tracing the Evolution and Implementation of Plea Bargaining in India

-By Raj Shekhar* & Mohd Rameez Raza** “Every saint has past and every sinner has a future. Law and justice should not be distant neighbours.” – Justice P. N. Bhagwati[i] Introduction: Understanding Plea Bargaining When we try to understand the concept of plea bargaining, we see it as an arrangement between the accused and the… Continue reading The Catholicon for Indian Criminal Justice System: Tracing the Evolution and Implementation of Plea Bargaining in India

Anticipatory Bail, Bail, Explained

Anticipatory Bail and the Effect of its Omissions

-By Srijan Jha* and Rijul Dubey** Part- II Having discussed the principles behind the application of anticipatory bail in the previous post, this part of the article elaborates two aspects in which the application of s.438 is omitted, i.e. territorial omission, omission from a special crime. i.             Territorial Curtailment ofs.438 During emergency, the Uttar Pradesh… Continue reading Anticipatory Bail and the Effect of its Omissions

Explained

Anticipatory Bail and the Effect of its Omissions

In this blog series, the authors have discussed various aspects of anticipatory bail. The first part of the series throws light on the bare provision, its omission and interpretation done by the courts.  The second part of the series elaborates on two aspects in which the application of s.438 is omitted, i.e. territorial omission and omission from a special crime.