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 →
Capax and Incapax: A narrow distinction between innocence and guilt [Ritik Sinha*and Punyarth Shukla**]
Introduction The term Doli Capax is of Latin origin and means ‘capable of doing wrong’, i.e. a person’s capability of committing a criminal or a tortious act. It literally means that an individual is capable of distinguishing what is right and what is wrong. The maxim deals with the mental ability of a person to... Continue Reading →
Decoding the Protection of Children From Sexual Offences (Amendment) Act, 2019 [Anirudh Vijay]
INTRODUCTION On Aug 5, 2019, the Protection of Children from Sexual Offences (Amendment) Act, 2019 received its assent from the President. Earlier, this gender-neutral amendment was passed by the Parliament on Aug 1, 2019. It amends the Protection of Children from Sexual Offences Act, 2012. It seeks to protect children from offences such as sexual assault, sexual... Continue Reading →
Evaluating the Suitability of the Death Penalty for Child-rape: A Comparative Analysis [Natasha Singh]
INTRODUCTION In August 2019, the Protection of Children from Sexual Offences (Amendment) Act, 2019 was promulgated. This Act altered and strengthened many of the existing provisions relating to child sex abuse laws in India, but most notably, introduced a death penalty for the aggravated sexual assault of a child.[1] As the POCSO (Amendment) Act came... Continue Reading →