9 posts published by cclsnluj during April 2022| The Criminal Law Blog
–Dhruv Madan and Maya Sarmah In Part I of this two-part post, we examined the shifting jurisprudence under Sections 375 and 377 IPC, through the cases of Imran Khan @ Ashok Ratna v. State of U.P. and Mohd. Mustafa & Ors. v. NCT of Delhi. Both these cases take a contradictory stance on whether the … Continue reading From 375 to 377: right to orientation conflicting with right to consent? Part- II| The Criminal Law Blog
–Dhruv Madan and Maya Sarmah Introduction The law on sexual offences in India has witnessed substantial doctrinal shifts, yet certain judicial interpretations remain anchored in outdated binaries. Despite reforms via the Criminal Law (Amendment) Act, 2013 and Navtej Singh Johar v. Union of India, Indian High Courts continue to inconsistently distinguish between ‘natural’ and ‘unnatural’ … Continue reading From 375 to 377: right to orientation conflicting with right to consent? Par...| The Criminal Law Blog
-Advait Sharma and Bhadra Anil “In a world coded without consequence, shadows become the currency and silence the law.” Introduction In any society where substantial transactions occur, be it in markets, industries, or the virtual world, in the absence of robust regulatory oversight, crime inevitably concurs to exploit the system or leverage it for greater … Continue reading Trading Shadows: Money Laundering & Insider Deals in the Metaverse’s Legal Void| The Criminal Law Blog
– Kush Taparia, Hanshita Sharma “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” – Justice Louis D. Brandeis Introduction The recent ruling of the Supreme Court [“SC”] in Imran Pratapgadhi v. State of Gujarat [“Imran Pratapgadhi”] has once again brought into focus the ambiguity and uncertainty … Continue reading From Mandate to Discretion: How Imran Pratapgadhi Reconfigures the Understanding of FIR Juri...| The Criminal Law Blog
-Sarah Unhelkar and Hitanshi Jain The Supreme Court recently granted interim bail to Ashoka Professor Ali Khan Mahmudabad with specific conditions. Mahmudabad was arrested on May 18th, following two FIRs being registered against him with the Haryana Police for his social media posts. While sharing his thoughts via his X (earlier “Twitter”) account, he applauded … Continue reading Criminalising Critique: Sedition and the Ashoka Professor Controversy| The Criminal Law Blog
-Rea Agarwal Introduction Law and psychology ought to be framed in tandem. The Milgram Project is a classic case study that demonstrates the unsettling dynamics of authority and obedience and reveals a pothole of basic Human psyche that law fails to account for. It is this loophole that the article attempts to bring to light. … Continue reading Milgram Project: Why the “Manifestly Unlawful Order” Doctrine Fails When Authority Demands Obedience| The Criminal Law Blog
-Ayush Gupta Introduction The long and contentious aspect of solitary confinement has always been a topic of debate in criminal law jurisprudence, which raises serious human rights and legal concerns. Keeping inmates in confinement for prolonged hours without meaningful human contact has been criticized globally for its harmful physiological and psychological effects. This practice is … Continue reading How Judicial Permissiveness Sustains Solitary Confinement in Indian Prisons| The Criminal Law Blog
– Vaani Negi Introduction Adolescence, the latest four-episode miniseries on Netflix, has been rapidly gaining acclaim, and deservedly so. The series delves into the harrowing aftermath of a 13-year-old boy being accused of murder. The narrative reveals school-going children looking for direction from a digital world that warps their perceptions, rather than from teachers no … Continue reading Penalising Adolescent Bodily Agency: Is It Time to Revisit Consent under the POCSO Act?| The Criminal Law Blog
-Aarya Dubey & Kush Shanker. INTRODUCTION Recently, in a judgement delivered by the Hon’ble Ram Manohar Narayan Mishra J. of the Allahabad High Court, it was observed that groping breasts, snapping off the girl’s pyjama strings and dragging her beneath the culvert prima facie do not constitute an attempt to rape under the relevant provisions … Continue reading WHO GOT IT WRONG—THE ALLAHABAD HIGH COURT OR US?| The Criminal Law Blog
-Ishan Vijay Introduction There is a lot of uproar of Section 498-A of the Indian Penal Code (IPC) or Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) i.e. cruelty, and its misuse, from activists to courts. And while that remains to be an existing challenge, this article seeks to focus on a less … Continue reading CRUELTY; BUT NOT FOR THE SECOND WIFE| The Criminal Law Blog
–Arnav Kaman & Gauri Sidana Introduction Before the start of the Paris AI summit, President Macron shared a video with deepfake AI generated versions of himself in popular movies and TV shows. An ill attempt at humour by the president wanting to bring attention back on to himself. One cannot help but feel the video … Continue reading Criminalising Deepfake NCII: A Swift and Just Sword| The Criminal Law Blog
-Tanya Sara George Introduction As per a 2024 FATF report, most domestic money laundering operations are conducted through open sources and social media networks. Initially designed as neutral forums for communication under Section 2(w) of the IT Act of 2000, these platforms have evolved into dual-purpose entities, facilitating not just digital interactions but financial transactions. … Continue reading Digital Platforms and Dirty Money: Addressing Financial Non-Regulation within Social M...| The Criminal Law Blog
~ By Akshat Patria The Delhi High Court recently, in the case of Adnan Nisar v. Directorate of Enforcement, passed a significant verdict expanding the scope of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA) to the offences committed outside India. The Hon’ble High Court has clearly held that an … Continue reading Adnan Nisar v. Directorate of Enforcement: Highlighting the Cross-Border Implications of the PMLA| The Criminal Law Blog
-Mohamed Thahir Sulaiman INTRODUCTION In its recent judgment in Jalaluddin Khan v. Union of India, the Supreme Court has reemphasized the well-established principle that “bail is the rule, jail is the exception,” even in cases arising under special statutes like the Unlawful Activities (Prevention) A...| The Criminal Law Blog
– Insha Pani While the nation’s historic overhaul of the three major criminal laws captured national and international attention, another significant development is breathing its way quietly but powerfully is the introduction of the E-Sakshya Mobile application—part of a broader digital transformation within the criminal justice system. The E-Sakshya app, developed in consonance with Sections … Continue reading E-SAKSHYA APPLICATION: STREAMLINING JUSTICE WHILE ADDING LAYERS OF COMPLE...| The Criminal Law Blog
-Akashdeep S R Introduction In India, rape, as defined in Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023, is a punishable offence. The requirement is that the victim should not have consented to the alleged sexual act. If the victim is under 18, she would be considered a minor, and her consent would not … Continue reading Rethinking Consent: Addressing Flaws in India’s POCSO Act for Teenage Relationships| The Criminal Law Blog
-Yash Sharan Introduction In the first half of 2024, the lawmakers of the United States of America (“US”) have taken cognizance of the cases involving prisoners undergoing long-term sentences. For instance, the state of Oklahoma in the US passed a law that would reduce sentences for those criminals who are victims of domestic violence. This … Continue reading REDEMPTION AND REFORM: ANALYSING THE ‘SECOND CHANCES’ LEGISLATION IN AMERICA’S CRIMINAL JUSTICE LANDSCAPE| The Criminal Law Blog
-Abhinav Somani Introduction Through this blog post, I aim to bring out what I call the ‘Inherent Inconsistency’ of the death penalty. Through this term, I am referring to how the death penalty is inconsistently administered owing to when the laws — judicial and legislative — surrounding its administration change. Take an instance. Harbans, Kashmira, … Continue reading Inherent Inconsistency of the Death Penalty: A Temporal Analysis| The Criminal Law Blog
-Sharnam Agarwal Introduction Every day in India, 86 women are reported as victims of rape, according to the National Crime Records Bureau [“NCRB”]. Among these harrowing statistics, the most disturbing trend is the 96% increase in child rape cases from 2016 to 2022. A recent judgment by the Rajasthan High Court in Suwalal v. State … Continue reading Beyond Technicalities: A Call for Judicial Sensitivity in Indian Rape Cases| The Criminal Law Blog
– Yushmita Sidar. Introduction “When the only proof against a person charged with a criminal offence is the evidence of an accomplice, uncorroborated in any material particular, it is the duty of the judge to warn the jury that it is unsafe to convict any person upon such evidence, though they have a legal right … Continue reading From Untrustworthy to Trustworthy? The Bharatiya Sakshya Adhiniyam’s Mandatory Corroboration of Accomplice Evidence| The Criminal Law Blog
– Hardik Kuldeep and Nishtha Chopra INTRODUCTION The question of whether the Enforcement Case Information Report [“ECIR”] should be mandatorily supplied to the accused has come up before the Supreme Court on numerous occasions. In Vijay Madanlal Choudhary v. Union of India, the apex court had ruled that not only the non-supply of ECIR but … Continue reading International Perspectives on Enforcement Case Information Report Disclosure:Upholding Fair Trial Rights in Money Laundering Cases| The Criminal Law Blog
– Adeeba Hasan, Asad Naushad Khan ABSTRACT The intersection of warfare and legislation poses significant challenges in balancing national security with legal and ethical standards. Section 125 of the Indian Penal Code (IPC), which criminalizes waging war against an Asiatic power allied with or at peace with India, epitomizes this complexity. Rooted in colonial-era concerns, … Continue reading WARFARE AND LEGISLATION: IPC SECTION 125’S STANCE ON ASIATIC POWER CONFLICTS| The Criminal Law Blog
–Jugaad Singh INTRODUCTION Overflowing and overburdened prisons are often a consequence of either an increased crime rate or an increased conviction rate. However, in India, the situation is neither. It is the consequence of a delayed judicial process, as more than 75% of the in-mates are under trial prisoners. While the overflow of prisons is … Continue reading UNCERTAINTY UNDER-TRIAL: DISCRETION IN DENIAL OF BAIL U/S 436A| The Criminal Law Blog
– Raunaq Bali The fight against corruption hinges on the cornerstone: the definition of a ‘public servant’. Within the Prevention of Corruption Act, 1988 (hereinafter referred to as “the PC Act”), this seemingly straightforward term holds immense weight, determining who falls under its watchful gaze and who remains beyond its reach. However, this line in … Continue reading Shifting Sands: The Evolving Interpretations of Anticorruption Laws for Insolvency Resolution Professionals| The Criminal Law Blog
Nixon in 1968: drug abuse is “public enemy number one.” “In order to fight and defeat this enemy,” he continued, “it is necessary to wage a new, all-out offensive.” With that statement, the “war on drugs” began. John Ehrlichman, a top Nixon aide (1994): The Nixon campaign in 1968, and the Nixon White House after … Continue reading Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act| The Criminal Law Blog
– This blog has been authored by Anmol Yadav. The author is 3rd year student of B.A. L.LB. (Hons.) at Faculty of Law, Banaras Hindu University, Varanasi. In the complex discourse surrounding capital punishment, the consideration of mitigating factors becomes paramount, particularly when viewed through the lens of the Biopsychosocial Model. This interdisciplinary framework, encompassing biological, … Continue reading Capital Punishment: Mitigating Factors in Light of The Biopsychosocial...| The Criminal Law Blog
– This blog has been authored by Vansh Bhatnagar and Gunjan Sharma. The authors are 4th and 2nd year students of B.A. L.LB. (Hons.) at Rajiv Gandhi National University of Law, Punjab, respectively. Introduction The world today is governed by the centers of economic power. In the modern format of heavy reliance on private companies in … Continue reading Can Companies Commit Homicide: Navigating Corporate Criminal Liability in Cases of Homicide| The Criminal Law Blog
~ Diya Gaur Introduction Abetment is not direct commission of an offence but the facilitation of one. It is an expression of intentional support for the fulfilment of an act which would constitute an offence under the Indian Penal Code, 1860. Inclusion of abetment as an offence under the Indian Penal Code underpins the fact … Continue reading Is the Liability of the Abettor Concomitant to that of the Principal Offender?| The Criminal Law Blog
-By Gurman Narula “Economic offences, need to be viewed seriously and considered as grave offences affecting the economy of the country and thereby posing serious threat to the financial health of the country”. This article critically examines the Enforcement Directorate’s (ED) exercise of authority under the Prevention of Money Laundering Act (PMLA), delving into … Continue reading Assessing Enforcement Directorate’s Powers in Combating Money Laundering: Legal Analysis and Recent...| The Criminal Law Blog
-Prasun Nabiyal Last week, the centre presented its revised version of the new CrPC Bill (also known as the “Bharatiya Nagarik Suraksha (Second) Sanhita, 2023 ”) in the Parliament. The purpose of such revised editions is to incorporate changes suggested during the legislative process. These changes may arise out of any phase of the legislative … Continue reading The Section 187 Dilemma in the New CrPC| The Criminal Law Blog
-Shruti Mishra Introduction Premature release entails a prisoner’s release before the completion of his judicially ordained sentence. States may grant premature release to convicts owing to several factors, as laid down in the case of Bir Singh v. State of Himachal Pradesh, which includes good conduct by the prisoner, no commission of jail offence, prisoner’s … Continue reading Unconstitutionality of Premature Release: Examining the Abuse of Remission Policies| The Criminal Law Blog
– Vedant Choudhary The Law Commission of India in its 283rd report, titled, ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has recommended against amending the age of consent under the POCSO Act. This negative recommendation comes in light of growing cases of romantic relationships between minors, where de facto … Continue reading The 283rd Law Commission Report – Better If Not Implemented| The Criminal Law Blog
~ By Khushi Neb On the suggestion of the court in the case of Ram Babu Mishra v. State of Uttar Pradesh, where the court extensively examined the need for enacting legislation along the lines of Section 5 of the Identification of Prisoners Act, Section 311A, CrPC, that focuses on the magisterial power of ordering … Continue reading SECTION 311A CRPC: UNEXPLORED ARENA OF POSSIBILITIES OF ARREST AND PRE-TRIAL DETENTION| The Criminal Law Blog
This blog has been authored by Anshuman Jhala and Vatshal Raval. The authors are 3rd year BSc LLB students at Gujarat National Law University. Introduction The Indian Penal Code [“Code”] can trace its origins back to the British colonial era. The necessity for the establishment of a complete and standardised criminal law system in British India … Continue reading SEDITION IN THE NEW PENAL CODE: A COMPARISON| The Criminal Law Blog
~By Paras Khetan The right to counsel of an accused has been constitutionally guaranteed under Article 22 of the Constitution of India. This right is available to the accused during the trial. However, the question arises whether the same is available to the accused at the time of police interrogation. There is ambiguity with regards to the … Continue reading Right to Counsel During Police Interrogation: An Analysis| The Criminal Law Blog
~ By KV Kailash Ramanathan & Vasishta Ganapathi K Introduction Incurring the ire of stakeholders prejudiced by their actions is an inexorable professional hazard in the life of public servants. Whether these acts are rectitudinous or condemnable, someone is aggrieved in the oft zero-sum game of governance. Mercy, while being a quality worthy of Shakespearian … Continue reading Denial of Sanction under Prevention of Corruption Act: A case for Expansive Interpretation| The Criminal Law Blog
~By Jugaad Singh Part I of the Blog dealt with the historical context and the legal background pertaining to prison food in India. Part II of the blog will be tackling the introduction of the Modern Prison Manual of 2016 as well as providing a global perspective of the problem along with possible solutions. THE … Continue reading NUTRITION BEHIND BARS: ELIMINATING FOOD AS A MEANS OF PUNISHMENT [Part II]| The Criminal Law Blog
~By Jugaad Singh “No one can understand the reality of the prison experience until they’ve actually walked in the shoes of those who are incarcerated.” – Bryan StevensonExecutive Director, Equal Justice Initiative INTRODUCTION Considerations about the quality, quantity and nutritional value of prison food are not something a person who has never been incarcerated loses sleep … Continue reading NUTRITION BEHIND BARS: ELIMINATING FOOD AS A MEANS OF PUNISHMENT [Part I]| The Criminal Law Blog
~By Vasundhara Mehta Introduction Recently, during my time at the chambers of the Hon’ble Mr Justice S. Ravindra Bhat, Judge, Supreme Court of India, I encountered the quagmire posed by consensual adolescent relationships in India. Almost every day at the Apex Court, I would hear the advocates state that the ‘victim’, a minor girl has … Continue reading On POCSO and the Need for a Balancing Act to Navigate the Quandary Posed by Consensual Adolescent Relationships| The Criminal Law Blog
~By Parth Kantak INTRODUCTION This piece deals with the issue of bail in the cases of the cyber-crimes given in the Information Technology (IT) Act, 2000. It has been a relatively muted issue however a really pertinent one due to the impact that it has on the investigation of cyber-crimes, which is an extremely crucial stage … Continue reading Bail in Cases of Cyber-Crimes under the Information Technology Act, 2000: A Critical Re-Evaluation of the Penal Framework.| The Criminal Law Blog
~By Niveditha K Prasad Introduction The recently introduced Bharatiya Nyaya Sanhita, 2023 (‘BNS’) has been touted for introducing wide-scale changes in the penal statute. Disappointingly, the Bill, under Section 86 and the corresponding Explanation, retains the criminalisation of abortion. As I argue in this piece, the Section ought to be revised as the criminalisation of abortion has … Continue reading Legal Moralism and the Case for Decriminalising Abortion in India| The Criminal Law Blog
~By Mr. Parth Birla and Mr. Garv Arora INTRODUCTION “Nudity should not be tied to sex. The mere sight of the naked upper body of the woman should not be deemed to be sexual by default.” The Kerala High Court in its judgment has made an aberration from the patriarchal view on the autonomy of women. The … Continue reading Solidifying the Perspective of Obscenity: A Closer View to the Quandary| The Criminal Law Blog
~By Tanya Verma Necrophilia, characterized by the pursuit of sexual satisfaction through engaging in sexual acts with corpses, has undergone a significant transformation in societal perception. The recent acquittal by the Karnataka High Court (HC) of a man accused of sexually assaulting the lifeless body of a 21-year-old woman following her murder highlights the concern regarding the … Continue reading Right of the Dead: Analysing the Legal Framework for Necrophilia in India| The Criminal Law Blog
-Navjot Punia Section 173 (8) of the Criminal Procedure Code, 1973 (“1973 Code”) deals with the discretion of the police with respect to conducting further investigation even after a report has been forwarded to the magistrate under sub-section (2). Though no such specific requirement of taking prior permission of court while conducting further investigation is … Continue reading Unfettered power of police to conduct investigation: can police be obligated to seek magistrate’s permissi...| The Criminal Law Blog
–Aparimita Tiwari An Introduction In the intricate tapestry of human society, our image and reputation hold immense value. It takes years of dedication to build a commendable reputation, yet its delicate existence can be shattered in an instant. This universal phenomenon is particularly evident in collectivist cultures, where individuals would go to extreme lengths, even … Continue reading The Hidden Dagger: Unraveling Defamation by Innuendo| The Criminal Law Blog
-Vedant Saxena Introduction ‘M3gan’, short for ‘Model 3 Generative Android’, is the latest in the line of movies involving Artificial Intelligence (AI) models going rogue. ‘M3gan’, hailed as a ‘marvel of artificial intelligence’, is an AI humanoid doll created by a skilled roboticist, Gemma, to give her recently-orphaned niece, Cady, a human-like companion to fill … Continue reading Machine Culpabilis: Assessing the Viability of Holding AI Criminally Liable| The Criminal Law Blog
– Rushil Batra On 13.02.2023, a single judge bench of the Allahabad HC gave a rather interesting judgment in the case of Suneeta Pandey v State of UP wherein it held that women can be prosecuted for the offence of gang rape under Section 376D of the IPC. This conclusion is interesting since generally rape as an offence is seen … Continue reading The Conundrum of Women being Prosecuted for Gangrape| The Criminal Law Blog
A person should not be condemned without knowing why. One would think that this precept is not a point of debate in the legal system of a constitutional, democratic, republic. After all what personifies the shift from a culture of impunity and subservience to one of justification than the ability of individual citizens to ask … Continue reading Justice in Courts of Inquisition? The Delhi High Court on UAPA Remand Extensions| The Criminal Law Blog
-Madhav Aggarwal INTRODUCTION The Supreme Court in its recent judgement in the case of Manoj v. State of MP laid down guidelines to be adhered to in cases pertaining to offences that can lead to a death sentence. It held that for sentencing, the jail authorities must produce a contemporaneous psychological and psychiatric report of … Continue reading EXECUTION OF DEATH SENTENCE AFTER TREATING MENTAL ILLNESS| The Criminal Law Blog
-Rushil Batra Introduction In 2022, the Supreme Court gave its much-awaited pronouncement in the case of Vijay Madanlal Chaudhary v Union of India on various aspects of the Prevention of Money Laundering Act, 2002 (PMLA)– inter alia the constitutionality of PMLA, conditions for bail, and the role of the Enforcement Case Information Report (ECIR). The … Continue reading Money Laundering and Predicate Offences – The Aftermath of Vijay Madanlal Chaudhary| The Criminal Law Blog
-Sofia Dash & Ahan Gadkari Introduction The recent Criminal Procedure (Identification) Act, 2022 (“CP Act”) has spurred nationwide debates amongst human rights activists and the government officials. The CP Act, which aimed at replacing the archaic Identification of Prisoners Act, 1920,permits law enforcement officers to collect identifiable information of all convicts, arrested persons, and detainees, … Continue reading A Not So ‘Fair’ & Lovely Criminal System| The Criminal Law Blog
– Abhinav Sekhri Recently, a Division Bench of the Supreme Court delivered its judgment in Central Bureau of Investigation v. T. Gangi Reddy [Crl. Appeal No. 337 of 2023, decided on 16.01.2023; “Gangi Reddy“]. The CBI had gone up to the Supreme Court against an order of the Andhra Pradesh High Court from March, 2022, and what it wanted was to … Continue reading Section 167, ‘Default Bail’, and its Cancellation| The Criminal Law Blog
-Sakshi Komal Dubey Arrests are so fundamental to how we view law enforcement; we frequently assess the effectiveness of the police by the number of arrests they make. The Code of Criminal Procedure, 1973 (“Code”) does not define the term “Arrest”. Having no standard definition, however, it can be defined as, when an officer takes … Continue reading ‘SHOWN ARREST’: A PRACTICE TO BE NIPPED IN THE BUD| The Criminal Law Blog
-Srinjoy Debnath INTRODUCTION For an act to be criminal, a person should not only commit an offense but should also have mens rea or guilty mind; but what happens when someone commits an illegal act but did not have the knowledge that it was criminal or illegal? The maxim Ignorantia Juris Non Excusat which … Continue reading MISTAKE OF LAW DEFENSE: A TOOL FOR SAVING INNOCENTS FROM INCARCERATION| The Criminal Law Blog
-Himanshu Ranjan Introduction The recording of ‘information’ under Section 154 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C) is one of the most important procedures, which inter alia sets in motion the criminal justice system as and when a cognisable offence is committed. Section 154, Cr.P.C is the inaugural provision of Chapter XII– … Continue reading “Uncovering the Implications of Recording Information in Criminal Justice System: An Analysis of Section 154 ...| The Criminal Law Blog
-Aarushi Jain Recently, the apex court in Tofan singh v. State of Tamil Nadu held that the horizons of Section 25 of the Indian Evidence Act, 1872 (hereinafter ‘IEA’) extend to the statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter ‘NDPS Act’). The definition of ‘police officer‘ under … Continue reading Judicial Quandary on ‘Police Officers’ Under Section 25 IEA and Special Statutes| The Criminal Law Blog
-Nehaol Sri L V Two criminal cases with conflicting versions arising out of the same incident are called as counter or cross-cases[2] These cases represent opposing views of the same incident happening at the same time and space, and are usually seen at the level of trial courts. There is no standard definition or procedure … Continue reading Procedure in the Trial of Counter/Cross cases| The Criminal Law Blog
-Abhinav Sekhri The Bombay High Court has re-affirmed the most elementary legal position — the mere power to do something does not act as a justification for doing it. That its order of 09.01.2023 directing the release of Deepak Kochhar and Chanda Kochhar by granting them interim bail on this very premise has generated such a buzz … Continue reading On the Bombay High Court granting bail to the Kochhars| The Criminal Law Blog
– Anushka Satya and Nishant Kumar In 2019, the Supreme Court judge bench of the then Chief Justice of India, Justice Ranjan Gogoi, and Justices Deepak Gupta and Sanjiv Khanna, has observed that “It is very apparent that what should not have happened has happened and the state has to give compensation”. This statement is remarkable because a … Continue reading CHALLENGING THE LEGALITY OF REMISSION IN BILKIS BANO CASE| The Criminal Law Blog
-Abhinav Sekhri “He was a humble man who shunned publicity and lived a quiet life. He was born in Cologne, Germany … [and] came to America as an immigrant with a middle school education. … He bought his first building in Los Angeles when he was 21, an endeavour that bloomed into a real estate … Continue reading A Cross-Country Caper and Constitutional Criminal Procedure| The Criminal Law Blog
-Avanti Deshpande Introduction In January 2022, a Division Bench of the Supreme Court set aside an order of externment against a man from Maharashtra who had been externed from the Jalna district for a period of two years, holding that, an order of externment was not an ordinary measure, but an extraordinary one, and it … Continue reading Evaluating Externment: Does the Anachronistic ‘Exile’ Continue to be an Effective Practice?| The Criminal Law Blog
– Nidhi Agrawal Sec. 354(3) of the Code of Criminal Procedure in 1973 introduced the requirement of courts to record “special reasons: for their choice of the death penalty or life imprisonment or imprisonment for a period of time if the offence provided for alternative offences. Rajendra Prasad v. State of Uttar Pradesh provided the first interpretation of “Special Reasons” … Continue reading Circumstantial Evidence as a Mitigating Factor| The Criminal Law Blog
–Devvrat Singh and Nishita Gupta Introduction The Supreme Court recently stayed an order of the Bombay High Court discharging Professor G.N. Saibaba in an alleged Maoist links case under the UAPA (Unlawful Activities Prevention Act). The effect of the order was that professor Saibaba who happens to be wheelchair bound and suffering from 90% disability … Continue reading Interpreting Sanction for Prosecution under UAPA in the light of GN Saibaba verdict| The Criminal Law Blog
-Saranya Ravindran Section 438 of the Code of Criminal Procedure [CrPC] empowers the Sessions Court and the High Court to grant anticipatory bail, i.e., the direction to release a person on bail in the event of an arrest on a non-bailable offense. Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities … Continue reading Restricting Anticipatory Bail under the Atrocities Act| The Criminal Law Blog
–Ms. Lovleen Sharrma & Sakshi Komal Dubey Introduction As per the Prison Statistics India Report, 2021 the figure of prison inmates in women’s jails adds up to 3,808. The Women In Prison Report, 2018 which sought to study the condition of women prisoners highlighted that the prison population increased drastically, and had therefore created challenges … Continue reading Addressing the Right of Female Prisoners (to Bleed): Menstrual Management Behind the Bars| The Criminal Law Blog
–By Shreyas Sinha Introduction The Latin term ‘mens rea’ refers to the mental element of a criminal act, i.e., a legally-determined state of mind required to convict an individual of a criminal offence. A person can be said to possess the requisite mens rea vis-à-vis a criminal offence when – (1) they are aware that … Continue reading The Mens Rea of Fraud: Lessons from the Great White North| The Criminal Law Blog
~By Abhinav Sekhri The Criminal Procedure Identification Act, 2002 [“CPIA”] was passed this April amidst significant criticism [see, for instance, here, here and here]. The issues identified with this law were across a wide spectrum — the attack on the right to privacy, the uncertain status of the forensic ‘science’ at play, the lack of clarity in terms of implementation. Some … Continue reading Taking a Closer Look at the Criminal Procedure Identification Act & Rules| The Criminal Law Blog
~By Mansi Pandey Introduction Section 102 of the Criminal Procedure Code (hereinafter referred to as ‘Cr.P.C.’ or the ‘code’), deals with the power of the police officers to seize “any property” that is either stolen or creates a suspicion of commission of the offense. Further, the police shall report the seizure to the Magistrate forthwith. It … Continue reading Evaluating the Judicial Interpretation of Section 102(3) of Cr.P.C| The Criminal Law Blog
~By Pragun Goyal Introduction Section 313 of the Criminal Procedure Code, 1973 (“CrPC”) has a profane silhouette around it. After the prosecution has closed its evidence, the accused is given an opportunity to explain the incriminating matter in evidence against him or her. No matter how bleak or scanty the prosecution evidence is, the court has to provide an opportunity … Continue reading Preserving the silence: Different spheres of Section 313 CrPC and Article 20(3) of the Indian...| The Criminal Law Blog
~By Devvrat Singh and Nishita Gupta Introduction The Prevention of Money Laundering Act (hereinafter referred to as PMLA) was enacted in 2002 and since then it has undergone several amendments. The stated object of PMLA was to combat money-laundering activities and confiscate the properties involved in or connected to the act of money laundering. Several … Continue reading Bail under PMLA: Comprehending the SC’s Imprimatur in Vijay Madanlal Choudhary vs UOI| The Criminal Law Blog
~By Abhinav Sekhri On 12.08.2022, the Supreme Court in XYZ v. State of Madhya Pradesh & Ors. [Crl. Appeal No. 1184 of 2022] set aside an order of the Madhya Pradesh High Court, and directed that a First Information Report [“FIR”] ought to be registered under Section 154 of the Criminal Procedure Code, 1973 [“Cr.P.C.’] by the local police on the … Continue reading Time for a Seven-Judge Bench Reference to resolve the FIR conundrum?| The Criminal Law Blog
~By Abhinav Sekhri The previous post in this two-part series considered how the Supreme Court’s judgment in Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl. No. 4364 of 2014; Judgment dated 27.07.2022 (“Vijay Madanlal Choudhary“) dealt with the offence of money laundering under the Prevention of Money Laundering Act 2002 [“PMLA”]. This post turns its lens to how the judgment … Continue reading Old Wine in New Bottles? – The Judgement in Vijay Madanlal...| The Criminal Law Blog
~By Pragun Goyal The presumption of innocence of the accused is an esteemed ‘golden thread’ in the criminal jurisprudence which is fundamentally tied to a reputation-related aspect of the accused in the criminal trial. The raisons d’être of this aspect is that no one can impute guilt to the accused before he is convicted beyond … Continue reading Reverse Burden of Proof and its Implications on Presumption of Innocence| The Criminal Law Blog
~By Abhinav Sekhri After marathon hearings, the Supreme Court finally pronounced its judgment on 27.07.2022 in a batch of over 200 petitions where the legality of various provisions under the Prevention of Money Laundering Act, 2002 [“PMLA”] had been challenged. This judgment — bearing the title Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. [SLP Crl No. 4364 … Continue reading Of Old Wine in New Bottles – The Judgement in Vijay Madanlal Choudhary (Part One)| The Criminal Law Blog
~By Abhinav Sekhri The Delhi High Court has passed a detailed judgment in the matters of Hi-Tech Mercantile and Prakash Industries [Order dated 19.07.2022 in WP(C) No. 14999 of 2021 (“Prakash Industries“], touching on issues pertaining to the Prevention of Money Laundering Act 2002 [“PMLA”]. Holding in favour of the Petitioners and terminating the PMLA proceedings, the High Court … Continue reading Prakash Industries and Interpreting the PMLA| The Criminal Law Blog
~By Abhinav Sekhri On July 11, 2022, the most recent clarifications were issued by the Supreme Court in respect of the bail guidelines which it had first issued in October, 2021 [MA No. 1849 of 2021 in SLP (Crl) 5191 of 2021, titled ‘Satender Kumar Antil v. CBI‘ (Order dated 11.07.2022)]. This blog had covered the guidelines in October, … Continue reading The Most Recent Clarifications to the Supreme Court Bail Guidelines| The Criminal Law Blog
– Prakhar Bajpai Arnesh Kumar serves to be the landmark judgement in the judicial history of India. The Supreme Court in this judgment made it clear that police must follow the “investigate first and then arrest” doctrine in the cases that are registered under section 498-A. The offence registered under Section 498-A of Indian Penal … Continue reading 8 years since “Arnesh Kumar Guidelines” what has changed ?| The Criminal Law Blog
-By Sahajveer Baweja Predictive policing is an application/tool that is supported by artificial intelligence technology. These tools are currently used by investigation wings and law and order agencies in many nations to curb the crime from taking place. Such applications work on the concept of using sets of data quantities which are processed by analytical … Continue reading Predictive policing: A criminal justice tool that threatens human rights| The Criminal Law Blog
By Kartik Shrivastava Introduction On 18th April this year, the President of India gave his assent to the contentious Criminal Procedure (Identification) Act, 2022. The Act was passed in both the Houses of Parliament on 6th April by a voice vote. The Act seeks to replace the 102-year-old colonial law on collecting “measurements” of the … Continue reading Identity Hunt: The Criminal Procedure (Identification) Act Needed more debate| The Criminal Law Blog
By Niharika Mukherjee Assessment of Common Intention under Section 34 In its previous part, this article traced the development of the law, following the Privy Council’s decision in Barendra Kumar Ghosh v King Emperor, on the nature of participation required to hold an individual liable under Section 34 of the Indian Penal Code 1860 [IPC]. … Continue reading Returning to Barendra Kumar Ghosh – Part 2| The Criminal Law Blog
By- Niharika Mukherjee (This article forms the first part of a two part series) Introduction This article shall review the case of Barendra Kumar Ghosh v King Emperor, with a focus on its interpretation and application of Section 34 of the Indian Penal Code, 1860 [“IPC”]. In this part, the article shall, first, shall briefly … Continue reading Returning to Barendra Kumar Ghosh- The Group Liability Conundrum (Part 1)| The Criminal Law Blog
By Vidhi Srivastava Introduction Legal Moralism is a criminalisation theory that advocates employing criminal law to penalise immorality per se and ‘wrong’ conducts, irrespective of whether they adversely affect others.[1] In India, ‘obscenity’ has been viewed from the lens of morality and decency. The law is embodied in s. 292 of the IPC. This provision … Continue reading Rethinking our Perspectives to Criminal Obscenity- From Moralism to Harm Principle| The Criminal Law Blog
By Srushti S Kekre & Udisha Surana A man is a man; an act is an act; rape is a rape, be it performed by a man the “husband” on the woman “wife” -Justice M. Nagaprasanna The prevalence of marital rape in India emanates from the archaic doctrine of coverture where a wife is considered as … Continue reading Marital Rape through the lens of Judicial Activism in India| The Criminal Law Blog
By: Abhinav Sekri Razorpay, a payments platform, got a request under Section 91 of the Criminal Procedure Code 1973 [Cr.P.C.] from Delhi Police asking it to furnish information in connection with an ongoing investigation in connection with the journalist Mohammad Zubair and the fact-checking platform Alt News. From news reports and public statements made by parties concerned, it appears … Continue reading On Section 91 Notices and the Razorpay Furore| The Criminal Law Blog
By: Kajal Jamdare Introduction The recent flux of headlines about celebrities and star kids being found in possession of drugs prohibited by law has brought the issue of possession offences to limelight in India. Another, often ignored case of possession offences in India is the detention of individuals for possession of fire-arms and ammunitions. Many … Continue reading Possession Offences: Of Strict Liability and The Indian Judiciary’s Take| The Criminal Law Blog
By: Aryaman Kapoor Introduction The Code of Criminal Procedure of 1973 [‘CrPC’] is applicable to the whole of India for investigation, inquiry and trial of every offence which is committed under the Indian Penal Code and most statutes which regulate offences that are criminal in nature. However, when it comes to the offence of money … Continue reading Comparing the Procedure of CrPC with PMLA| The Criminal Law Blog
By: Ria Goyal Introduction The Indian Penal Code (hereinafter referred to as “IPC” or “the Code”) contains several provisions imposing joint or constructing liability upon members of groups for criminal acts committed in furtherance of common intention. These sections do not create any distinctive offences – rather, they act as evidentiary principles rendering every person … Continue reading The “Presence of the Accused” Requirement under Section 34 of the IPC: An Analysis| The Criminal Law Blog
By Abhinav Sekhri It appears that by an interim order passed on 03.06.2022, the Delhi High Court has stayed operation of a portion of an order passed by the Trial Court whereby it had directed that Satyendar Kumar Jain, who has been arrested by officers of the Enforcement Directorate and remanded to their custody for ten … Continue reading Why the Delhi High Court is Wrong to Deny Satyendar Jain his Right to Counsel| The Criminal Law Blog
By: Shailendra Shukla Introduction The 21st century has seen a meteoric rise in the commission of white-collar crimes, which can be attributed to the rapid pace of technological advancement. Now, money can be transferred to any part of the world in seconds. Additionally, there is increased interconnectivity across the globe, which gives miscreants access to … Continue reading Resolving corporate successor liability through substantial continuity| The Criminal Law Blog
By: Saumya Shankar & Pratik Rath Section 122 of The Indian Evidence Act states that spouses shall not be allowed to reveal any communication between them, except with the consent of the other. The bar is not just limited to communications of a confidential character rather, the provision is applicable to all communications between the … Continue reading Extending Privileged Communication to Live-in Partners: Protecting Mutual Trust| The Criminal Law Blog
By Abhinav Sekhri In a much-publicised judgment, the Supreme Court set aside the order granting bail to the main accused in the Lakhimpur Kheri incident from October 2021 [Jagjeet Singh & Ors. v. Ashish Mishra & Anr., Crl. Appeal 632 of 2022 (decided on 18.04.2022) (“Ashish Mishra“)]. At the outset, it would be necessary to clarify that the court … Continue reading Victims and Bail — The Judgment in Jagjeet Singh v. Ashish Mishra?| The Criminal Law Blog
By Nishant Kumar INTRODUCTION The Criminal Procedure (Identification) Bill, 2022 got the approval of the President on April 18, 2022. The bill replaces The Identification of Prisoners Act, 1920 which allows the collection of identifiable information like fingerprints, footprints from the convicts. The primary motive cited behind the introduction of the bill is to increase … Continue reading Criminal Procedure (Identification) Bill 2022: A Necessary Evil?| The Criminal Law Blog
By: Aditi Roy & Sanjana Gupta I. Introduction Indian courts are bludgeoned under the growing number of criminal cases. The chronic delay in disposing of the cases has led to prisons filled with prisoners who are incarcerated without undergoing a trial. It was in response to this dismal status quo of the justice system that … Continue reading Plea Bargaining: A Comparison Between USA And India| The Criminal Law Blog
-By Abhinav Sekhri Prologue: The Budget Leaks of 1956 Aschara Lal Mehra was, presumably, one of many Sales Managers in Bombay’s Mercury Paints and Varnishes Ltd.; a pre-independence firm which continues to exist today. Perhaps Mehra was dissatisfied with the income Mercury Paints gave him, because when he was introduced to one Davinder Pal Chadha from … Continue reading Indefinite Incarceration of Approvers — In Need of Necessary Amendments| The Criminal Law Blog
By Abhinav Sekhri Six year old Lalita Kumari went missing from near her house on the night of May 5, 2008. When she did not come back, her father filed a missing persons report. A week later he was told that his daughter had been abducted, and so he filed a complaint with Police Station … Continue reading Lalita Kumari, and Police Discretion at the Stage of Registering an FIR| The Criminal Law Blog
By: Abhinav Sekhri As expected (mostly), parliament passed the Criminal Procedure (Identification) Bill 2022 in double quick time without referring the bill to a committee. It is disheartening, given the obvious flaws that are present in the Bill, but in an environment where courts are unable to hear matters pertaining to important matters of constitutional law … Continue reading Errantry — Further thoughts on the new Criminal Procedure (Identification) Act| The Criminal Law Blog
By: Aman Saraf The legal framework regulating Jammu and Kashmir can in recent terms be adequately referred to as protean and erratic – and for good reason. Post the Constitutional Order 273 passed by the President declaring that Article 370 of the Constitution of India ceased to be operative (barring the applicability of the Constitutional provisions to … Continue reading A Peculiar Problem Posed by the J&K Reorganisation?| The Criminal Law Blog
By: Abhinav Sekhri In a much-publicised judgment, the Supreme Court set aside the order granting bail to the main accused in the Lakhimpur Kheri incident from October 2021 [Jagjeet Singh & Ors. v. Ashish Mishra & Anr., Crl. Appeal 632 of 2022 (decided on 18.04.2022) (“Ashish Mishra“)]. At the outset, it would be necessary to clarify that the court … Continue reading Victims and Bail — The Judgment in Jagjeet Singh v. Ashish Mishra| The Criminal Law Blog
By: Hritik Merchant (This article is a Part I of the submission.) …| The Criminal Law Blog