Category: Short Article
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After the Bharatiya Nyaya Sanhita, 2023: The Legal Vacuum for Transgender Victims of Sexual Assault
[This article has been authored by Kurzith Imran H, an advocate at Madras High Court.] Introduction On July 1, 2024, India’s criminal law underwent its most significant transformation since independence. The Bharatiya Nyaya Sanhita, 2023 (“BNS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), and the Bharatiya Sakshya Adhiniyam, 2023 (“BSA”) came into force, replacing the…
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Between Protection and Autonomy: Proposing a Two-Tier Age of Consent Model for India
[This Article has been authored by Avantika Kakran, a penultimate year student at Dr. Ram Manohar Lohiya National Law University, Lucknow.] Introduction In a recent ruling, the Supreme Court has suggested bringing a Romeo-Juliet clause into the Protection of Children from Sexual Offences Act, 2012 (The act) to exempt adolescents who engage in consensual sexual…
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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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Negligence and Recklessness: Unravelling the Ambiguities
[This Article has been authored by Nitin Kumar Sharma, a 2nd Year B.A.LL.B. student at National Law School of India University, Bengaluru.] Introduction In criminal law, understanding the state of mind of the accused person is an essential element besides the wrongful act, or the actus reus. The state of mind of the accused at the…
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Forged Orders and Frozen Accounts: The Supreme Court’s Battle Against Digital Arrest Scams
[This Article has been authored by Rishiraj Singh Shekhawat, a student at Hidayatullah National Law University.] Introduction Recently, the Supreme Court tasked the Central Bureau of Investigation (“CBI”) with investigating the rising number of cases of “digital arrest” scams, while granting it unrestricted authority to act against bankers involved in facilitating the opening of mule…
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From Tukaram to BNS: Critical Gaps in Indian Rape Law and the Myth of Legislative Reform
[This Article has been authored by Rea Agrawal, a student at RMLNLU.] Introduction Recently, a video clip featuring K. R. Ramesh Kumar has gone viral. The clip shows the Congress MLA saying “when rape is inevitable, lie down and enjoy it” in the Karnataka Assembly. This statement has garnered widespread outrage because the remark comes…
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Exceptional Laws, Exceptional Incarceration: How Special Statutes Have Normalised Bail Denial
[This Article has been authored by Shourya Singh, a 1st Year Student at NLU Jodhpur.] Introduction IThe Supreme Court’s latest ruling on Umar Khalid’s bail application brought back to the surface one of the main issues regarding India’s criminal justice system, which is the structural problem of bail under special penal laws. This case 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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