Category: Criminal Procedure
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Data Pleads Guilty: A Critical Analysis of the Right Against Self-Incrimination in Digital India
[This Article has been authored by Nandana Shenoy, a 2nd Year B.A. LL.B. (Hons.) student at BITS Law School.] Introduction Grounded in the principle Nemon Tenetor Seipsum Accusare, the Right against Self-Incrimination, is a cornerstone principle of criminal law, upholding the presumption of innocence until proven guilty. Self-incrimination is the conveyance of information based upon personal…
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Whether the Absence of an FSL Report entitles an NDPS Accused to Default Bail?
[This Article has been authored by Angela Joe Manukat, a 3rd Year B.A., LL.B. student at National Law University, Jodhpur.] Introduction Can an individual be denied default bail for possessing a substance that has never been scientifically established to be a narcotic substance? This is the issue at the heart of a legal controversy that has…
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Beyond Compounding: Victim-Offender Mediation as a First Resort for Quashing Civil-Flavoured Criminal Cases
[This Article has been authored by Kritvee Sharma, a second-year, B.A. LL.B. (Hons.) student and Ritwik Sharma, a fourth-year, B.A. LL.B. (Hons.) student at Rajiv Gandhi National University of Law, Punjab.] Introduction In September 2025, Justice B.V. Nagarathna advocated expanding the scope of mediation beyond commercial disputes in India. Settlement agreements reached through mediation can reduce…
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The Ghost in the Machine: Admissibility of AI Evidence
[This Article has been authored by Rishi Nookala, a 3rd Year Student at NALSAR University of Law, Hyderabad.] Introduction We live in an era where our lives are increasingly governed by the invisible hand of algorithms. Over the last few years, Artificial Intelligence (AI) has significantly impacted various industries, and the legal system is no exception.…
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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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Unauthorised Non-Indian Citizen and Their Right to Default Bail under UAPA
[This Article is authored by Vaneet Kumar, a Fifth-Year Law Student at Jindal Global Law School] Introduction On 5 December 2025, the Supreme Court of India in Tonlong Konyak v. State of Assam granted bail to a person accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”). The distinct factor of this case is the prolonged…
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Justice or Just Delay? Analysing the “Mini Trial” under Proviso to Section 223(1)
[This Article is authored by Preeti Talreja, a 4th year student at Hidayatullah National Law University] Introduction The overhaul of India’s criminal justice system in 2024 was meant to be a structural reform aimed at delivering justice, not just punishment. Recently, on September 18, 2025, the Hon’ble Supreme Court of India in the case of Indra…
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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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