INTRODUCTION In an era where law enforcement practices face heightened scrutiny, Body Cameras have emerged as a significant technological advancement with the potential to enhance transparency, accountability, and public trust. These small devices worn by police officers record audio and video evidence during their interactions with the public. The use of body cameras in law... Continue Reading →
Will Necrophilic Sexual Intercourse Amount To Rape And Unnatural Sex? An Analysis[Gargi Pant*]
Introduction The right to life is innate to every human being. Under the Indian democracy, the right to life of an individual is ensured in the constitution itself. The judiciary has interpreted the right to life from time to time and included the right to die with dignity. Merriam-Webster dictionary defines Necrophilia as “sexual attraction... Continue Reading →
Psychology of Criminals in the Corporate World [Divya Nimbalkar*]
Abstract White-collar crime, which refers to financially motivated, non-violent crimes committed by individuals in high-status positions, has become a pervasive and significant issue in modern society. White-collar criminals are individuals who engage in illegal activities to make money. They may work in a variety of industries, including finance, law, and consulting. Have you ever wondered... Continue Reading →
Making Section 125 of the Code of Criminal Procedure Gender Neutral: A Critical Analysis[Ananya Soni* and Vyshnavi Praveen**]
Introduction Section 125 of the Code of Criminal Procedure (CrPC) covers the concept of maintenance. The purpose of this statute is to provide a remedy against men who neglect or refuse to maintain their dependents, like their children, parents or wife. It is crucial to note that the provision for maintenance under the CrPC is... Continue Reading →
Restorative Justice System & Its Criminal Jurisprudence: Indian Analysis [Priya Sharma* and Shubham Singh**]
Restorative justice refers to different approaches that aim to minimise the harm caused by criminal activities. There is no universal definition of this phrase, resulting in various strategies being used worldwide. Tony Marshall provides a standard definition of restorative justice as a process where all those involved in a particular crime work together to determine... Continue Reading →
Safeguarding Witnesses: An Overview of Witness Protection Program[Kritika Vyas*]
INTRODUCTION The presence of witnesses is crucial in criminal proceedings, as the evidentiary foundation of a criminal case relies on their testimony. Without witnesses, the evidence may not be considered admissible. Their each and every statement is important as it can change the course of the case because the input provided by them may have... Continue Reading →
Understanding with Criminal Psychology — The Sudden Rise of Shraddha Walker Like Incidents [Himani Jha*]
Introduction Ever since the 2022 gruesome murder of Shraddha Walker, there has been a sudden rise in similar kinds of incidents throughout the nation. Shraddha Walker was not only murdered, but her body dismembered, kept in a fridge and slowly disposed of in Delhi’s Mehrauli forest by Aftab Poonawala, her live-in partner. The recent murder... Continue Reading →
Analysing Article 20(3): Adverse Inference Vis A Vis Right To Silence [Aditi Gupta* and Udai Yashvir Singh**]
An "accused" person has the option to remain silent, merely dispute the accusations, or provide an explanation for what transpired. Article 20(3) is violated if the accused is forced to provide information; however, if the accused provides the information voluntarily and without being compelled in any way, there is no infringement of this clause. The... Continue Reading →
Revelation of Truth: Police Brutality and Extrajudicial Killings in India[Vineet Priyadarshi*]
Overview of Police Brutality and Extrajudicial Killings in India "Police brutality isn't a 'few bad apples' or a case of 'a few rotten eggs.' It's an institutional crisis that demands a systemic solution. - Samuel Sinyangwe The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) are the primary criminal laws in India... Continue Reading →
Criminal Procedure (Identification) Act Versus Right To Privacy: From The Devil’s Advocate Perspective [Nishant Tripathi*]
Introduction In the ongoing phenomenon of decolonization all over the globe, India have taken baby steps to join the march .Decriminalization of homosexuality in Navtej Singh Johar case has been marked as beginning of end of Victorian morality. The Indian penal laws are metaphorically sword of lawmaker in order to shed it colonial legacy. Indian... Continue Reading →
Quashing Of Criminal Complaint: Delay As A Crucial Factor[Hans Rathi*]
INTRODUCTION The criminal justice system of India faces a major problem of long pending cases and the rapidly increasing number of future cases. Not all of these cases are maintainable or have any justifiable reasons to be maintained. The law gives the power to the courts to quash criminal complaints under Section 482 of the... Continue Reading →
CRITIQUING THE LEGAL CONUNDRUM SURROUNDING DNA TESTING IN INDIA [ADITYA MEHROTRA*]
Introduction The law concerning the ability of courts to order DNA testing is one of the most trustworthy forms of evidence used in court today and it has evolved through time. To ascertain property divisions, paternity, and other issues, it is used not only in criminal cases but also in civil and marital ones. As... Continue Reading →
DECODING THE PATRIARCHAL MOORINGS OF SECTION 376C OF THE INDIAN PENAL CODE [IPC], 1860 [by Gurkaranbir Singh*,  Anvita Bhardwaj**]Â
INTRODUCTION This article genealogically pays attention to the judicial grammar employed in adjudicating rape trials in India. Through historically reading some landmark judgements and amendments pertaining to the offence of rape, the authors draw critical attention to the word ‘consent’. From its almost absence to becoming the kernel of adjudicating rape trials, consent constitutes to... Continue Reading →
The safety of women of our society is threatened by voyeurism and stalking[Aastha Sahu*]
Introduction If a woman is watched or her images are captured while engaging in a private act where she usually does not expect anyone to observe her then such an act is termed voyeurism. Mumbai, Delhi, and Bengaluru topped the list of voyeurism-prone cities in India. According to the NCRB Report 2020 India has seen... Continue Reading →
Section 321 of CrPC and its Conundrum [Prakhar Bajpai* and Prakhar Singh**]
INTRODUCTION In criminology, an offence committed by a person is never directed at a specific person, but rather against the entire society (state). Therefore, the state itself is a party in Criminal matters. The prosecution of criminal cases is conducted by the PP on behalf of the State. Section 321 of the Criminal Procedural Code... 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 →
Inherent Powers of the High Court : Authority to Order further Investigation or Reinvestigation[Arpit Parakh*]
Introduction Section 482 The Code of Criminal Procedure, 1973 (CrPc) provides for the inherent powers of the High court. This provision enables the court to issue whatever order necessary to uphold justice. Narinder Singh v. State of Punjab explained that the inherent powers can be used to (a) Prevent abuse of the process of the... Continue Reading →
A Critical Study on Custodial Violence and Role of Magistrate[Visheshta Kalra* and Ritwik Prakash**]
Introduction Custodial violence and maltreatment of police power have arisen a significant issue of basic liberties concern and one of the root hindrances to a majority rules system and improvement of human prosperity in contemporary social orders. The term 'custodial brutality' incorporates a wide range of physical and mental torment caused upon an individual in... Continue Reading →
Victims and Criminal Jurisprudence; Past and Present[Shreyash Dube*]
Society and Crime; these terms sound antithetical to one another, yet both seemingly cannot exist without the other. No society that ever existed throughout time, regardless of its political, religious, or social structure, can claim to be crime-free. After all, it is society from which crime. There would be no crime against property if we... Continue Reading →
Marital Rape- Sexual Violence Under the Veil of Conservatism-What are Some Justifications Given and How can they be resolved?[Aadithya J Nair*]Â
Introduction On September 29, a bench led by Justice DY Chandrachud in X vs Principal Secretary, Health and Family Welfare Department, Govt of NCT Of Delhi, significantly held that the meaning of rape must be held to include "marital rape" for the purpose of the Medical Termination of Pregnancy Act and Rules. Marital rape... Continue Reading →