Category: Uncategorized
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Tech Savvy Policing: Revolutionising India’s Crime Prevention
[This Article has been authored by Akansha Rai & Trisha Sharma]. Introduction “It’s not that we use technology, we live technology.” -Godfrey Reggio The world is witnessing a revolutionary shift in crime prevention, propelled by rapid technological advancements. This trend is exemplified by the increasing reliance on sophisticated tools like advanced CCTV surveillance, which now…
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Empowering Victims: Navigating the Significance of Victim Rights
“There was complete disenfranchisement. We were treating victims somewhat like inanimate objects to be present, to say their piece, and to then be removed from the process.” Robert J. Miller Introduction Our Constitution, founded upon principles of justice, equality, and fairness, bestows fundamental rights upon all citizens, safeguarding their equitable and unhindered enjoyment. Within this…
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Love Conquers All, Even Rape Charges? Decoding the Bombay HC’s “Love, not Lust” Conundrum
[This Article is authored by Rajyavardhan Singh]. Background In a recent development, a single-judge bench at Nagpur, comprising Justice Urmila Joshi-Phalke of the Bombay High Court, granted bail to a 26-year-old man booked for raping a 13-year-old child in the case of Nitin Damodar Dhaberao v. State of Maharashtra. The accused had approached the High…
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Analysis of Inadequate Regulation on the Search & Seizure of Digital Devices
Introduction The power of search and seizure is given to any investing agency to procure suspected or relevant ‘documents’ or ‘things.’ It is limited to the factual circumstances of each case and such power has its limits. However, such power is now viewed as attached normative behaviors of people in malversation. Of course, it happens…
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The Efficacy of Section 53A of the Indian Evidence Act – An Analysis of Relevance of Character and Character Evidence in Rape Trials.
Introduction On the 16th of August, the Supreme Court of India issued a 30-page manual named ‘Addressing Gender Stereotypes.’ This detailed document provides guidance on avoiding the use of derogatory language commonly employed in the courtroom when referring to women. This initiative holds significant importance as it seeks to mitigate the establishment of stereotypical beliefs…
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Strategies in Criminal Procedure: A Comparative Study of Revision (Sections 397-401) and Quashing (Section 482) under the Cr.P.C.
[This Article is authored by Madhav K Sareen] Introduction The legal landscape in the Indian judicial system pertaining to the interplay of Sections 397, 482, and 401 of the Criminal Procedure Code (Cr.P.C.) is intricate and continuously evolving. These statutory provisions serve as linchpins in the pursuit of justice and in the rectification of legal…
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Misuse of Matrimonial Laws
The misuse of matrimonial laws in India has become a subject of growing concern, raising questions about the intended purpose and efficacy of the legal frameworks designed to safeguard the rights and interests of married individuals. Matrimonial laws, which include provisions related to marriage, divorce, alimony, and domestic violence, are meant to ensure justice and…
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Explaining the Legal Tapestry: Test Identification Parades and Constitutional Safeguard Under Article 20(3) of the Constitution of India
Introduction In the labyrinth of criminal trials, where justice hangs in the balance, the identification of an accused emerges as a pivotal facet. Test Identification Parades (“TIP”) are a crucial mechanism among the multifarious methods employed during the investigation process. Governed by Section 9 of the Indian Evidence Act, 1872 and Section 54A of the…
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Criminal Victimisation of Dissidents: India’s Treatment of Protestors & Activists.
Introduction ‘Then they came for me- and there was no one left to speak for me.’ – Martin Niemöller The years 2019-20 have been described as the ‘year of protests’ for the numerous displays of dissent and protests organized worldwide, both on ground and on social media. The increase in the number of protests may…
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Homicide Of Unprejudiced Criminal Mechanism: Adversities & Need For Its Antidote
[This Article has been authored by Bhavya Anand]. Introduction With ageing generations, countless homicide of unprejudiced pronouncements has been revealed, but have major reforms proven new horrors to be inescapable or is there a necessity for a much more drastic and comprehensive restructuring of the criminal justice system? Let’s try to commiserate with the concept of “Miscarriage…
