Judicial Intervention in Compounding of Non-Compoundable Offences: ‘Inherent’ or ‘Indirect’ Power? (Part 2)

By: Lavya Bhasin (iii) Set III: Inherent Powers Viewed To Supersede Compounding Powers Due To Not Being Bound By Statutory Limitations To build on judgments from Set II, another set of judgments must be analysed, which not only say that the powers of quashing are different, but also that inherent powers, whether of the Supreme Court (hereinafter “SC”) or High Courts (hereinafter “HCs”); as a … Continue reading Judicial Intervention in Compounding of Non-Compoundable Offences: ‘Inherent’ or ‘Indirect’ Power? (Part 2)

The RMLNLU Law Review BlogNovember 26, 2025November 26, 2025Leave a comment

Criminal Law

Judicial Intervention in Compounding of Non-Compoundable Offences: ‘Inherent’ or ‘Indirect’ Power? (Part 1)

By: Lavya Bhasin INTRODUCTION Section 359 of the Bharatiya Nyaya Suraksha Sanhita (hereinafter “BNSS”) discusses compounding of offences, wherein on one hand, section 359(1) has a table of offences that can be compounded without permission of the court, and section 359(2) has a table of offences that can only be compounded with the permission of the court. On the other hand, section 359(9) states that … Continue reading Judicial Intervention in Compounding of Non-Compoundable Offences: ‘Inherent’ or ‘Indirect’ Power? (Part 1)

The RMLNLU Law Review BlogNovember 25, 2025November 26, 2025Leave a comment

Criminal Law

Rash and Negligent Interpretations: Historical Lack of Clarity of Section 106 BNS (Part 2)

Is our law too vague when it comes to punishing accidents? The Bharatiya Nyaya Sanhita’s failure to clearly define ‘rashness’ and ‘negligence’ has led to widespread confusion in courts. This ambiguity not only hinders consistent legal interpretation but also risks unjust outcomes by holding individuals criminally liable without a coherent framework for assessing their culpability in accidental deaths. In this article, the author explores the confusion around rash and negligent homicide under Section 106 BNS and why legislative reform is long overdue. Continue reading Rash and Negligent Interpretations: Historical Lack of Clarity of Section 106 BNS (Part 2)

The RMLNLU Law Review BlogJune 1, 2025June 1, 2025Leave a comment

Criminal Law, Posts

Rash and Negligent Interpretations: Historical Lack of Clarity of Section 106 BNS (Part 1)

The RMLNLU Law Review BlogJune 1, 2025June 1, 2025Leave a comment

Criminal Law

Analysing the Law around Constitution of Common ICs: A Practical Approach

In this article the author delves into the existing provisions that have been stated under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH ACT”) and primarily emphasizes on the law around constitution of separate Internal Committees (ICs) for multiple branches of an organisation set up in different locations. The author tries to highlight the drawbacks that emerge alongwith the attempts to bring the Act into a proper effect with such an ambiguous provision and suggests various amendments that could be incorporated into the Act around the constitution of ICs while also pointing out and citing examples on how the Judiciary has relatively showed its leniency and permitted the constitution of common ICs in some prior cases. The author seeks to make the suggested amendments as practical as possible to ensure the effective implementation of the POSH Act. Continue reading Analysing the Law around Constitution of Common ICs: A Practical Approach

The RMLNLU Law Review BlogMarch 24, 2024March 24, 2024Leave a comment

Criminal Law, Human Rights

Women of Manipur- The Collateral Damage.

In this article the author delves into the problem of sexual violence targeting women in areas affected by conflict, with a particular focus on the recent communal violence in Manipur. It underscores the widespread occurrence of various forms of violence against women, including abuse and rape, during times of armed conflict. The article advocates for the creation of a legal framework to acknowledge, confront, and deliver justice to female victims of sexual violence in conflict scenarios, as existing laws and international initiatives have fallen short in safeguarding these victims. Additionally, it explores the global perspective and suggests modifications to legislation and enhanced mechanisms to tackle this problem within India. Continue reading Women of Manipur- The Collateral Damage.

The RMLNLU Law Review BlogNovember 2, 2023November 5, 2023Leave a comment

Criminal Law

Orissa High Court on resistance in Rape Cases: A case of dangerous reliance on Rape Myths

In this article, the author Seerat Gill critiques on the judgement of Orissa High court in the case of Sanu Munda v State of Odisha. The author seeks to answer the question, can marital status and sexual experience be sound parameters while examining a victim’s level of resistance to rape? The piece answers this question in negative by offering a critique of the Orissa High Court’s reasoning for three reasons. First, it fails to take into account the Supreme Court’s prevailing jurisprudence which successfully debunks the existing rape myths. Second, the Court’s reasoning amounts to judicial stereotyping which is proscribed by the Supreme Court vide its judgment in the matter of Aparna Bhat v. State of Madhya Pradesh. Third, it puts additional pressure on the performance on victims and fails to take into account subjective reactions to an incident. Continue reading Orissa High Court on resistance in Rape Cases: A case of dangerous reliance on Rape Myths

The RMLNLU Law Review BlogNovember 1, 2023November 3, 2023Leave a comment

Criminal Law, Finance & Banking, Jurisprudence, Posts

Chanda Kochhar’s liability under IPC Section 409

In this post, the author highlights how Chanda Kochhar’s charge of “Criminal Breach of Trust” provides the courts an opportunity to develop an individualised jurisprudence for section 409 of the Indian Penal Code. The existent jurisprudence surrounding section 409 conceptualises it as a mere footnote to the more general provision of section 405. Although the courts have previously acknowledged the distinct nature of section 409, the same acknowledgement and understanding is not reflected in their interpretative exercise. The author, thus, argues that the courts must culminate the tradition put into motion by the courts in these previous cases by harmonising the general provision of section 405 with section 409’s unique characteristics.
Continue reading Chanda Kochhar’s liability under IPC Section 409

The RMLNLU Law Review BlogMarch 31, 2023March 31, 2023Leave a comment

Constitutional Law, Criminal Law, Criminal Procedure and Evidence, Human Rights, Public Policy

Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

The authors in this article have analyzed the privacy concerns of the recently enacted Criminal Procedure (Identification) Act, 2022 by examining the said legislation by subjecting it to the “proportionality test” further drawing a comparison with the laws of the European Union and the United Kingdom. Continue reading Breaching Proportionality, Tearing Constitutionality: The Privacy Concerns of the Criminal Identification Act, 2022

The RMLNLU Law Review BlogSeptember 28, 2022September 28, 2022Leave a comment

Constitutional Law, Constitutional Law, Criminal Law

A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

The intent of the author through this piece is to present a case in support of retaining Section 124A. To build the case, the piece is divided into two parts – Part –I give a brief legislative history and judicial interpretations of the provisions along with an understanding of the provision. Continue reading A CASE IN SUPPORT OF RETAINING SECTION 124A (Part-1)

The RMLNLU Law Review BlogJuly 24, 2022July 24, 2022Leave a comment