Category: Blog
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Evidentiary Challenges in Dark Pattern Cases Under the Bhartiya Sakshya Adhiniyam, 2023
[This Article has been authored by Avantika Jain, a 4th Year Student at University School of Law and Legal Studies, GGSIPU and Arnav Sinha, a 4th Year Student at Maharashtra National Law University, Mumbai.] Introduction In the digital age where the consumers are increasingly exposed to screens, User Interface and User Experience (hereinafter, “UI/UX”) have…
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Dignity-Based Retributivism: A Philosophical Basis for Penalising Necrophilia in India
[This Article has been authored by Laavanya Jain, a 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow.] Introduction In a contemporary pronouncement, the Supreme Court of India in February 2025 rejected a plea against Karnataka High Court ruling in Rangaraju v. State of Karnataka, wherein it was held that necrophilia, i.e.,…
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From Liberty to Restraint: Rethinking the Handcuffing Provisions of the BNSS in Light of Constitutional Values
[This Article has been authored by Sandhyashree Karanth, a Third Year B.A.LL.B (Hons.) Student at RV University.] Introduction The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”), which replaced the Code of Criminal Procedure (hereinafter “CrPC”), aims to bring India’s criminal process up to date. However, certain provisions embedded within it compromise constitutional values. One such provision…
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Victim’s Testimony or Procedural Lapse: What is at higher Position?
[This Article has been authored by Saloni Rani, a 2nd Year Student at Rajiv Gandhi National University of Law, Punjab] Introduction In the recent Judgement of K.P. Kirankumar @ Kiran v. State by Peenya Police (hereinafter, kiran), the Supreme Court dismissed the appeal filled by appellants and ruled their conviction for committing crime under Immoral Traffic…
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Less Lust, Less Crime?
[This Article is authored by Tanya Sara George, a 4th year student at Maharashtra National Law University, Mumbai] Introduction Recently, a PIL was filed in the Supreme Court, requesting that chemical castration be legalised as a mode of punishment for sexual offences. Chemical castration is the treatment of sexual offenders with drugs to reduce their libidinous…
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From Absolute Bar to Absolute Farce: The Supreme Court’s Misstep on Anticipatory Bail and Caste Oppression
[This Article is authored by Tvesha Chauhan & Arnav Singh, 2nd year students of BA LLB (Hons.) at NLSIU Bangalore] Introduction When the Parliament echoes “shall not”, the court replies by adding “unless”. The word “absolute” has lost its meaning in court transcripts. The Supreme Court’s recent judgement in Kiran v. Rajkumar Jivraj Jain &…
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Mens Rea Without a Mind? A Critical Examination of the Impossibility of Attributing Criminal Intent to Artificial Intelligence
[This Article is authored by Akhil Kumar K.S. and Lakshmi K Shanmughan are 3rd Year student at the National University of Advanced Legal Studies, Kochi] Introduction Artificial Intelligence (AI) is reshaping the field of criminal law jurisprudence. A person, whether natural or legal, is generally considered an offender, but what if AI commits a crime?…
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Why Talaq-e-Hasan Cannot Survive Constitutional Scrutiny
[This Article has been authored by Priyal Jain, Student, National Law University Odisha.] Introduction Banazeer Heena, a young journalist, and a mother of a four-year-old child filed writ petition in the Supreme Court of India in 2022, challenging the constitutionality of the talaq-e-hasan. She challenged Section 2 of the Muslim Personal Law Application Act, 1937 and…
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Lacuna Between Guidelines & Implementation Still Leaves Much to be Desired: Current State of the Indian Bail System after Satendra Kumar Antil v. CBI.
[This Article has been authored by Akshata Das, a Student at Damodaram Sanjivayya National Law University] Introduction India’s criminal justice system has struggled for years with overcrowded jails and long pre-trial detention. Courts have consistently iterated that “bail is the rule, jail is the exception”, but failures, like arbitrary detention and slow trials, have filled the…
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