Author: Shubh Sharma, a student at Symbiosis Law School, Pune. George Bernard Shaw said, “He is a barbarian and thinks that the customs of his tribe and island are the laws of nature.” Introduction All practises involving partial or complete removal of the external female genitalia or other harm to the female genital organs for... Continue Reading →
Understanding Psychological Mechanisms & Legal Loopholes Behind False Confessions
Author(s): Srija Singh is a 3rd year law students at Amity Law School, Noida and Sandhya Prabhakaran is a 4th year law students at Amity Law School, Noida. Introduction Numerous individuals, innocent of crimes, have faced wrongful convictions, imprisonment, and, in tragic cases, even death after confessing to offenses they did not commit. This issue,... Continue Reading →
A Step Backwards: Analyzing Alabama’s Pioneering Use of Nitrogen Hypoxia in Capital Punishment
Authors: Shubhie Gupta and Sumedha Dewan are third Year B.B.A., LL.B. students at University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, Delhi. In a final statement, Smith said: “Tonight Alabama causes humanity to take a step backwards. ... I’m leaving with love, peace and light.” Background On January 25, 2024, Alabama... Continue Reading →
Revamping Indian Penal Laws- A Welcome Move or Not?
Author: Vidhi Kawrani is a second-year law student pursuing B.A. LLB (Hons.) at Institute of Law, Nirma University. “Punishment is justice for the unjust”- a rather hunky-dory version of reality we witness sitting behind the screens. A long-standing tradition of punishing the wrongdoer finds its place in how law should protect even one innocent person... Continue Reading →
Legal Standards for the Defence of Insanity
Author: Teesha Gupta is a third-year law student at Institute of Law, Nirma University. An odd character frequently appears on stage in the criminal justice theater where guilt and innocence clash: insanity. The defence of insanity entices us into the maze of the human mind with its elusiveness and the puzzling dance between mental health... Continue Reading →
Acid Attack: A Burn in the Face of Humanity.
Authors: Rahul Kuwar and Nidhi Kamath are 2nd year law students at the Institute of Law, Nirma University. Introduction ‘He changed my face, not my heart. He threw acid on my face, not my dreams’, said the invincible-spirited acid attack survivor Laxmi Agarwal. There are millions of people like Laxmi who fight every day not... Continue Reading →
Offences Against By Society Reimagining the relationship between ‘Crime’ and ‘Society’ Author: Shreyash Dube, a student at National Law University, Sonepat. Introduction One of the first concepts taught to a law student is the difference between private wrong and a public wrong. As Blackstone puts it, "Wrongs are divisible into two sorts or species, private... Continue Reading →
Law in Transition: Advocating for a Stronger Domestic Violence Framework
Author: Shrinidhi Subramanian is a fourth-year law student at Symbiosis Law School, Hyderabad. Introduction Domestic violence stands as an undeniable reality within patriarchal societies, serving as a stark reminder of an unfortunate truth. Often masked by the perceived sanctity of private life, it is an insidious cycle of control and fear that entraps victims into... Continue Reading →
Unveiling the Cracks: Exploring Gaps in India’s Victim Compensation Schemes
Authors: Keshav Kulshrestha is a 3rd year law student at Institute of Law Nirma University and Arihant Sethia is a 2nd year law student at Gujarat National Law University. “Law should not sit simply, while those who defy it go free and those who seek its protection lose hope”. INTRODUCTION In the intricate complexities of... Continue Reading →
Female Genital Mutilation By Bohra Community: An Abominable Act
Authors: Kanu Sharma & Raj Katar are students at Law College, Dehradun. The horrific practice of female genital mutilation/cutting, or FGM, has long been practiced in certain Middle Eastern, Asian, and African nations. This is mostly an ancient custom carried out by the Dawoodi Bohra group in India. FGM—also referred to as Khatna/Khafz—violates the privacy... Continue Reading →
Test Identification Parade: Tussle between Investigative Efficiency and Self Incrimination
Author: Shivang Monga and Prakrit Patro are 3rd year students of law at Maharashtra National Law University, Mumbai. Introduction Test Identification Parade (hereinafter referred to as ‘TIP’) is held at the investigation stage to test the veracity of the claims made by the witness of a crime. TIP tests the memory of the witnesses and... Continue Reading →
Unjust Inclusion of Defamation: A Double- Edged Sword
Author: Hashmita Ashiya is a student at Institute of Law, Nirma University. India’s defamation laws act as guardians at the intersection between a person’s reputation and right to free speech and expression guaranteed by the constitution. Defamation law, which has its roots in the intricate interaction of laws, court rulings, and constitutional clauses, aims to... Continue Reading →
Behind the Mask: Rising Issue of Deepnude- AI and Corresponding Legal Landscape
Author: Riddhima Gupta is a 2nd year law student at the Institute of Law, Nirma University. Introduction Artificial Intelligence, as an entity, is born from the dreams of silicon minds and nurtured by the digital dawn. The most prosperous period of artificial intelligence has been observed throughout the course of the past few years, mainly... Continue Reading →
Consent Conundrum: Legal Challenges in Determining Consent
Author: Shristy Gupta is a 2nd year law student at the Institute of Law, Nirma University. Extensive deliberation has been devoted to the legal framework surrounding rape in India, particularly regarding the parameters defining consent within this context. In contrast to other criminal acts, instances of rape frequently unfold in remote or private sphere, presenting... Continue Reading →
The Debate on Chemical Castration: Balancing Justice and Human Rights
Author: Shefali Awasthi & Shambhavi Upadhyay are students at the University School of Law and Legal Studies, GGSIPU. Introduction Sexual abuse especially related to children is considered to be one of the most heinous atrocities that is prevalent globally. Recently, the issue came to the limelight when the parliament of Madagascar, a nation in the... Continue Reading →
Exploring Section 311A of the CRPC: Arrest and Pre-trial Detention Possibilities
Author: Smita Kumari is a 2nd-Year student at Ram Briksh Benipuri Mahila College, Muzaffarpur, Bihar. Introduction On the court’s recommendation in the case of Ram Babu Mishra v. State of Uttar Pradesh, where the court thoroughly examined the necessity for enacting legislation along the lines of Section 5 of the Identification of Prisoners Act, Section... Continue Reading →
Dichotomy in Justice Delivery System: Bridge the Gap[Prachi Pallavi*]
It was in January, 2023 that the women wrestlers had begun protesting for investigation into the allegations of sexual harassment of female wrestlers by the President of the Wrestling Federation of India. However, on 20th July, a Delhi Court of Additional Chief Metropolitan Magistrate of the Rouse Avenue Courts has granted bail to the outgoing... Continue Reading →
Analysing the Blemishes: Unveiling India’s Witness Protection Conundrum [Lakshya Haritwal*and Aditya Bashambu**]
INTRODUCTION “Witnesses are the eyes and ears of justice” says Bentham. Any legal system in a civilized society requires them for the proper functioning of the criminal justice system. Every word spoken before the court holds the capacity to impact or affect the entire structure of the case. They are the driving pillar in the... Continue Reading →
Criminal Procedure (Identification) Act 2022: An Analysis Of Right To Privacy And Other Fundamental Rights [Abhinav Shukla*]
INTRODUCTION The Criminal Procedure (Identification) Act 2022 has been a topic of controversy since its introduction in parliament. This legislation permits law enforcement agencies to collect and retain biometric information from individuals suspected of criminal activity. The act is intended to strengthen the powers of the police and to make it easier for them to... Continue Reading →
Decoding The Dilemma Of Anticipatory Bail For Juveniles: An Exegesis Via Statutory Interpretation [Pratistha* and Arunav**]
nticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC). The rationale behind this recommendation was to prevent the unwarranted detention of an accused in police custody without reasonable grounds, which could negatively impact the investigation process, intimidate witnesses, and violate their constitutional right to liberty under Article 21. To address this... Continue Reading →