Articles
Grant Of Custody Of Accused To Investigating Agency Under Section 167 Of CrPC
The criminal procedure code is principally procedural in nature laying down the procedure to be followed in criminal trials, however some of its provision contains trapping of substantive rights as well. In this context, the classic example of Section 167 Criminal Procedure Code (henceforth “CrPC”) needs special mention, which is uniquely positioned to contain hybrid structure...
New Criminal Reforms: Substantial Change Or Linguistic Imperialism?
On 11 August 2023, the Central government introduced three new Bills in the Lok Sabha to replace the Indian Penal Code, 1860 (“IPC”) as Bharatiya Nyaya Sanhita, 2023 (“BNS”), the Code of Criminal Procedure, 1973 (“CrPC”) as Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), and the Indian Evidence Act (“IE”) as Bharatiya Sakshya Bill, 2023 (“BSB”). This article...
The Basic Structure Doctrine - An insight
On August 7, in his maiden speech while defending the Delhi Services Bill[1] in the Rajya Sabha, the former Chief Justice, and a nominated member of the Rajya Sabha, Mr. Ranjan Gogoi said that the basic structure doctrine has a ‘very debatable jurisprudential basis’.[2] Though the current Chief Justice of India (CJI) DY Chandrachud, has dismissed it as “they are just opinions and...
Whether “Recovery Evidence” By Itself Is Substantive Evidence
The answer to this question can be in the “negative” in the majority of cases and “positive” in certain limited category of cases. The celebrated Pulukuri Kottaya v. Emporer AIR 1947 PC 67 (Lord Wright, Lord Simonds, Lord Uthwatt and Sir John Beaumont), itself contains the answer to this question. Supposing the accused is having in his possession or is concealing in his room...
The New Bills On Criminal Law Bring More Dissapointment Than Hope
When the constituent assembly finished drafting our Constitution, a new dawn awaited the people of India. It was a moment of proud metamorphosis that needed a realization that the words “We the people” have started to resonate with the citizens who no longer were the subjects of their colonial masters. The words in the opening quote were meant to warrant caution and were orated by...
Delhi High Court Issues Notice On Appeal Preferred By Sushant Singh Rajput’s Father Against Refusal To Stay Movie Based On Late Actor's Life
The Delhi High Court on Thursday issued notice on an appeal moved by the father of late Bollywood actor Sushant Singh Rajput against the single judge order refusing to injunct further telecast of the movie “Nyay: The Justice” based on his son’s life, which was released on OTT platform Lapalap in June 2021.A division bench of Justice Yashwant Varma and Justice Dharmesh Sharma sought...
Splinternet: New Domain Of ‘Network Sovereignty’
The rising cases of internet shutdowns and the spread of online misinformation have divided online users into numerous often hostile factions. “An intentionally divided internet is a threat to business, innovation, and democracy” emphasized an article recently on MIT Management Sloan School highlighting the ways in which ‘splinternet’ is damaging society. As the battles in...
Why GNCTD (Amendment) Act 2023 May Not Pass Constitutional Test Despite Changes From Services Ordinance?
On August 12, the Government of National Capital Territory of Delhi (Amendment) Act 2023, which seeks to diminish the powers of the elected government of Delhi over services, received the assent of the President and came into effect from May 19, 2023.It may be recalled that May 19 is the date on which the President promulgated the GNCTD(Amendment) Ordinance 2023 containing similar provisions,...
Electronic Evidence Under The Bhartiya Sakshya Bill, 2023: A Pandora’s Box To Be Reopened!!
With the introduction of new bill, the Bhartiya Sakshya Bill, 2023, the law of evidence in India is all set to change. With the new bill outgoes the law that ruled world of evidence for almost 150 years. Looking back at the jurisprudence, one can surely say that the evidence act in its present form did amazing job in dealing with the traditional cases pertaining to oral and...
Ligature/Strangulation Mark On The Neck – Is It Really Suicide/Murder?
It is often observed that on finding a ligature mark on the neck of a person, the investigating agency would be quick to carry out investigation prima facie treating the case to be of either homicide or suicide, unmindful of the fact that it could very well also be a case of natural death whereafter a scene of crime might have been meticulously created to simulate suicidal hanging...
Beneath The Ground, Where The Air Of Freedom Is Still Lacking: The Evil Practice Of Manual Scavenging
On 15 August 1947 India became independent from the British Rule and at the stroke of mid-night, India rose to freedom, but unfortunately even after 76 years there are some citizens who can’t even feel the air of freedom because in those septic tanks, even their dignity isn’t counted. Even today caste remains a major source of occupational and class division in our country, at a time when...