Articles
Is Not The Magistrate A Prisoner Of Section 175 (3) Read With Section 173 (4) Of BNSS?
What impelled me to pen this article is the grievance voiced by some members of the Bar to the effect that on receiving “private complaints” all Magistrates are seeking the report of the Police before deciding to order investigation under Section 175 (3) of the Bharatiya Nagrik Suraksha Sanhita, 2023 (“BNSS” for short). 2. For a better assimilation of the problem, it may...
Understanding Crime & Youth Delinquency By Revisiting The Movie 'Dev.D'
While cinema (or now OTT) is often critiqued for being a bad influence upon the society, or overly exaggerating some claims, there can still be some kernel of truth reflected in them. In this piece, the author would employ the learnings from 'Development of Life Course' (DLC) theory in the field of criminology to analyse the movie 'Dev.D' as a case study to understand youth delinquency in...
Exploring AMU Minority Judgment: A Legal Analysis Of Issues And Implications
The Aligarh Muslim University (AMU) case represents one of the most complex and prolonged constitutional debates on the minority status of educational institutions under Article 30 of the Indian Constitution. This article examines the historical and legal backdrop of AMU, the evolution of the case through pivotal amendments, judgments, and constitutional interpretations, and...
The Unintended Victims: How POCSO Affects Adolescents' Autonomy And Access To Health
In the last six months almost every High Court has faced the question of criminalization of romantic relationships under the Protection of Children from Sexual Offences Act, 2012 (here in after POCSO). Different high courts have adopted different measures while dealing with such cases, but what remains common is the recognition of need for reforms under the POCSO, to ensure no...
Zero FIR
“Zero FIR” is a concept which has already been prevailing in Indian law without any statutory backing now for a considerable length of time. The above concept allows the registration of a “Zero FIR” in any Police station within whose territorial limits a cognizable offence was not committed and subsequently transferring the FIR at the earliest to the appropriate police station having...
Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
Almost all weekend conferences on Arbitration- organized with the intent to promote India as a 'hub for arbitration'- witness stakeholders coming together to call for increased predictability vis-à-vis enforcement of arbitral awards. As is conventional wisdom, one primary factor to ensure certainty of execution is nominal judicial intervention in tribunal findings and...
Article 227 In Arbitration-Related Commercial Disputes: Scope And Judicial Boundaries
In India, the question of whether writ petitions can challenge arbitration decisions—especially dismissals of Section 34 petitions by Commercial Courts—is a sensitive balance between constitutional authority and arbitration's intended autonomy. The Commercial Courts Act, 2015 (Commercial Courts Act, hereinafter) provides a specialized framework for the adjudication of commercial...
Abetment Of Suicide – Applicability Of Law In Suicide Cases At Workplaces
The recent unfortunate incidents of suicide at workplaces, coerces one to discuss the reasons of such mishaps and to what extent the workplace ecosystem is to be blamed. This article delves into the intricacies of the law associated with abetment of suicide and recapitulates the jurisprudence applied by the Courts while deciding the cases of suicide at workplaces. Alongside, it also...
Understanding Arbitration And Conciliation (Amendment) Act, 2015: Whether Retrospective Or Prospective In Nature
The Arbitration and Conciliation (Amendment) Act, 2015 marks a watershed moment in the history of Arbitration in India. The idea of the Amendment germinated in a Law Commission Report submitted in 2014 which recommended an overhaul of the current framework of the Arbitration.[1] The Amendment aimed to reduce judicial interference and ensure the timely resolution of the Arbitration matters...
Images Of Justice: Open-Eyed Or Blindfolded?
In an attempt to re-imagine the representation of justice, a new statue of Lady Justice or goddess Justitia has been unveiled in the Supreme Court of India. It shows the Lady Justice donning a saree, with a scale in one hand, the constitution in the other, and without a blindfold. It replaces some of the symbols traditionally associated with the Lady Justice- the blindfold and the...
Closing The Gender Gap In The Higher Judiciary
As we celebrate 100 years of women in the law, with the first group of women lawyers getting their right to practice in 1924, its time we ask the question, what next? Where do we go from here? Is it progress enough that women are practicing in courts all across the country, are being appointed as judges and being designated as senior counsels? Have our legal institutions done enough?...
