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, FIR

Is Delay in Forwarding an FIR to Magistrate a Ground to Acquit the Accused?

-By Avani Malhotra* Introduction The word “Forthwith” is not defined in the Criminal Procedure Code,1973(Cr.P.C.). As per the Cambridge Dictionary, the word “Forthwith” means “immediately”. Section 157 of Cr.P.C defines the procedure for investigation. “Investigation” according to “Section 2(h) of the Code of criminal procedure, 1973 includes all proceedings for collection of evidence conducted by… Continue reading Is Delay in Forwarding an FIR to Magistrate a Ground to Acquit the Accused?

Articles, Bail, Contemporary

Right to Default Bail: Corona Conundrum

-By Rishabh Rai* & Nikhil Ajmera** On 23rd March 2020 a 3-judge bench of the Supreme Court in IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION used its power under Article 142 read with Article 141 of the Indian Constitution and passed an order whereby it extended the period of limitation in all the proceedings for… Continue reading Right to Default Bail: Corona Conundrum

Article 142, Articles

Ritesh Sinha v. State Of Uttar Pradesh: A Critique

By Raj Krishna* and Kumar Mukul Choudhary** I. INTRODUCTION “What happens after a person is arrested or detained? His troubles begin then. When he is detained or arrested and he is in the clutches of the police, he is alone in the world, and the forces of the Police, the forces of the Crown and… Continue reading Ritesh Sinha v. State Of Uttar Pradesh: A Critique