The Delhi High Court Clarifies the Judgment in Choodamani
On 17.07.2023, a Division Bench of the the Supreme Court passed a curious judgment in State of Gujarat v. Choodamani Parameshwaran['Choodamani'] which seemed to hold that a person who had merely...
View ArticleGuest Post: Dharam Pal - An Oddity in the Law on Cognizance
[This is a guest post by Aadi Belhe]The Code of Criminal Procedure, 1973 (‘the Code’) provides for a hierarchy of courts with each kind of court in that hierarchy being empowered to try offences based...
View ArticleErrantry - Exploring the quotidian CBI archive
As is fairly well known, the Central Bureau of Investigation [CBI] traces its origins to the Special Police Establishment [SPE]. This agency operated without statutory backing at first, but then was...
View ArticleGuest Post: On Community Service as Punishment — A Proposal Not Thought Through
(This is a guest post by Ashwani Singh)The newly proposed penal code, Bharatiya Nyaya Sanhita Bill 2023 (the 2023 Bill), introduces ‘community service’ as a new punishment for petty offences. However,...
View ArticleGuest Post: Abuse of Discretion and Police Powers of Surveillance
(This is a guest post by Prasun Nabiyal)In India, police are responsible for carrying out a myriad of functions and roles. “Prevention of crimes” is one of them. Police agencies perform preventive...
View ArticleUnpacking the Judgment in Fahad Shah v. Union
A Division Bench of the Jammu and Kashmir High Court delivered its judgment in Fahad Shah v. UT of J&K & Anr. on 17.11.2022— a common judgment in petitions assailing orders passed by the trial...
View ArticleAnticipatory Bail and Jurisdiction - The SC Weighs in
A long time ago, this Blog discussed some issues arising in the law under Section 438 of the Criminal Procedure Code 1973 [Cr.P.C.], the provision which confers a right to seek bail in a case involving...
View ArticleStating the Obvious? Conspiracy as a Scheduled Offence
The crime of conspiracy was once famously called the "prosecutor's darling". The moniker has never quite gone out of fashion, because of how police and prosecutors the world over have continued to rely...
View ArticleFurther Dilution of the Grave and Sudden Provocation Test?
[For other posts on similar themes, see here]The Supreme Court delivered an interesting judgment last month in Markash Jajara v. State of Assam & Anr. [Crl. Appeal No. 3405 / 2023, decided on...
View ArticleGuest Post: Sanction to Prosecute under UAPA
(This is a guest post by Gokul K. Sunoj and Navaneeta Manu)“While the war against terror must be waged by the State with unwavering resolve, and every legitimate weapon in the armoury must be deployed...
View ArticleCall for Papers: National Law School of India Review Volume 36(1) and NLSIR...
Call for Submissions – Volume 36(1) and NLSIR OnlineIntroductionTheNational Law School of India Review (NLSIR) is the flagship student-edited law review published by theNational Law School of India...
View ArticleThe Criminal Codes are Dead; Long Live the Criminal Codes
[This is a long post]PrologueFor over a century, the foundations of the Indian criminal process have been identified by its three codes: the Indian Penal Code of 1860 [IPC], the Criminal Procedure Code...
View ArticleGuest Post: Section 65-B Certificates — Confusions Created, and Compounded,...
(This is a guest post by Anushka Kanabar)In 2020, a 3-judge bench of the Supreme Court in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal settled a conflict with regards to the application of...
View ArticleGuest Post: Choice, Volition, Participation, Consent — Appraisal of a Minor's...
(This is a guest post by Siddharth Malik and Navjot Punia)The Nagpur Bench of the Bombay High Court in Nitin Damodar Dhaberao v. State of Maharashtra [Crl Appln (BA) No. 724 / 2023 decided on...
View ArticleCall for Submissions - NLS Business Law Review
The Editorial Board of theNLS Business Law Review (NLSBLR) for 2023-24 is inviting original and unpublished submissions for the upcoming print Volume 10 of the Journal.About NLSBLRThe NLSBLR is a...
View ArticleGuest Post: The Curious Case of Last Seen Evidence
(This is a guest post by Manya Gupta)The doctrine of last seen evidence “LS” is one of the major kinds of evidence under the IEA “Act” which provides for an inference of guilt on the accused if they...
View ArticleGuest Post: The Supreme Court, Default Bail, and the Question of 'Incomplete'...
(This is a guest post by Kartik Kalra)The Supreme Court delivered its judgment in Central Bureau of Investigation v. Kapil Wadhawan on January 24 ('Wadhawan'). It held that the Respondent-accused’s...
View ArticleCall for Submissions: NLSIR Vol. 36(2)
(This is a call for submissions for the National Law School of India Review)NATIONAL LAW SCHOOL OF INDIA REVIEW (NLSIR)VOL. 36(2): DEMOCRACY, FREE EXPRESSION, AND PRESS CENSORSHIPINTRODUCTIONThe...
View ArticleJail is not the Rule - Contesting Restrictive Bail Regimes (new series)
Growing up, the soundtrack of Amar Premwas very popular in my house. I never understood it much, but as I grew older, I came to love it too. Why such a random start? Because it is a few lines from one...
View ArticleJail is Not the Rule — A History of Restrictive Bail Regimes Pre-Independence
(This is the second post in a series discussing restrictive bail regimes)This post looks at restrictive bail provisions through Indian legal history, drawing the line at India's independence. The next...
View ArticleJail is Not the Rule - Restrictive Bail Conditions, After Independence (Part 1)
(This is the third post in a series on restrictive bail regimes)The previous post considered restrictive bail regimes in India's pre-independence context. In the first of two posts, we travel through...
View ArticleGuest Post: On the Decision in Javed Ahmad Hajam v. Maharashtra
(This is a guest post by Prabash Pandey)A Bench of the Supreme Court recently delivered the judgment in Javed Ahmad Hajam v. State of Maharashtra [2024 INSC 187, decided on 07.03.2024 ('Javed Hajam')]...
View ArticleGuest Post: Legal Pitfalls in Combating Manual Scavenging
(This is a guest post by Nachiketh Patil)On 20 October 2023, the Supreme Court in Balram Singh v. Union of India issued various directions to ensure the proper enactment of provisions in laws to...
View ArticleGuest Post: The judgment in S. Harish and the CSAM Conundrum in India
(This is a guest post by Aaditi Sinha)IntroductionThe case of S. Harish v. Inspector of Police (2024) (“S. Harish”) brings to light critical questions regarding the interpretation and application of...
View ArticleGuest Post: Section 187 of the BNSS
(This is a guest post by Aadi Belhe)The President gave assent to the Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (‘BNSS’) on the 25th of December, 2023. This Act is intended to replace the Code of...
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