Category: Criminal Procedure
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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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Between Sunset and Sunrise: The Twilight of Women’s Custodial Rights in India
[This Article is authored by Vanshika Gupta, a 2nd year law student in National Law School of India University, Bangalore (NLSIU)] Deconstructing the Judiciary’s Directory Interpretation and Its Impact on Women’s Custodial Protection under §43(5) of BNSS. Introduction India has witnessed grave human rights violations in the form of Custodial violence for a long time now. The…
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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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Chats, Consent & Constitutional Chaos: The Legal Puzzle of Admitting Digital Evidence
[This Article is authored by Pankaj Nagar and Bhavika Maheshwari, 2nd Year students at Hidayatullah National Law University, Raipur] Introduction: Unpacking the Digital Evidence Dilemma In a recent case, a single-judge bench of the M.P. High Court allowed the husband to submit WhatsApp chats of his wife that were collected without her consent and held…
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Rubber-stamp Justice: Can a Review of Judicial Passivity at the Pre-Trial Stage Reduce India’s Trial Backlogs?
[This Article is authored by Devdeep Ahirwal and Shivansh Singh, Students, Faculty of Law, University of Delhi] Introduction The Supreme Court (SC) recently, in the case of Tapas Kumar Palit v. State of Chhattisgarh, put forth the right to a speedy trial as a fundamental right, grounded in Article 21 of the Indian Constitution. This…
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From Witness to Commodity: Victim Exploitation in the Race For TRPs
[This Article is authored by Khushi Jain, Law Student at Hidayatullah National Law University, Raipur] Introduction A recent terror attack in Jammu and Kashmir’s Pahalgam Valley has raised many questions that need to be addressed, but have long been ignored. The Pahalgam attack claimed the lives of innocent tourists, but one 10-year-old boy named Naksh Kalathiya…
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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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One Accusation Too Many: The Chilling Effect of BNSS Section 479(2)
[This article is authored by Mihir Teja Kalle, a Student at National Law Institute University] Introduction The presumption of innocence of an accused is one of the fundamental rights vested with an accused in Indian criminal jurisprudence. The legislature has only deviated from the same in cases of “extraordinary” offences that may require more stringent norms…
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Reinvestigating the Self-Incriminatory Landscape Under PMLA: The Need for Safeguards in Summon Proceedings
[This article is authored by Nandini Sharma, Student at Rajiv Gandhi National University of Law, Punjab] Introduction The challenge to the validity of summons proceedings citing the protection granted by the right against self-incrimination, as enshrined in Article 20(3), has been raised in several proceedings, particularly those of a quasi-criminal nature, under laws such as…
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Analysis of Pradeep Kumar Kesarwani v State of Uttar Pradesh & Anr
[This Article is authored by Arundhathi Ram, a 5th year student from Gujarat National Law University, Gandhinagar] Introduction The Supreme Court’s ruling in Pradeep Kumar Kesarwani vs State of Uttar Pradesh and Anr marks a significant development in Indian criminal jurisprudence. Hearing an appeal from the Allahabad High Court’s refusal to quash a summoning order, the…
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