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

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.

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