Category: Criminal Procedure and Evidence

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

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Criminal Law, Criminal Procedure and Evidence, Information Technology

Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

In the second part of this series, the authors highlight the existing legal recourse available in India against sexual harassment in virtual reality and then discuss the limitations of these remedies and laws in general. They then suggest measures and a way further for dealing with sexual harassment in virtual reality before providing their concluding thoughts. Continue reading Expounding the Contours of Sexual Harassment in Virtual Reality: Applicability of the Penal Laws to State-of-the-Art Technology (Part 2)

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Criminal Law, Criminal Procedure and Evidence

Anticipatory Bail to Juveniles(?): A Dilemma Unresolved

In this post, the author analyses the applicability of Anticipatory Bail under section 438 CrPC to the Juvenile Justice Act, 2015. The author argues that in the absence of concrete guidelines and judgment by the Supreme Court on the issue, there is an absence of uniform approach adopted by the High Courts which has led to the divergence of opinion amongst them, which has resulted in the need for urgent judicial intervention of the apex court. Further, the author analyses both sides of the argument to and for application of section 438 CrPC to JJ Act and proposes a way forward.
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Criminal Law, Criminal Procedure and Evidence

To Repair a Damaged Rape-Shield

In this post, the author discusses rape-shield laws and how the recent Tarun Tejpal v. State of Goa judgment has wide implications for the confidence that survivors place in the justice system. The author also discusses the revictimisation of rape survivors, the need for reinforcing India’s rape shield laws, and how inspiration for the same may be drawn from other jurisdictions. Continue reading To Repair a Damaged Rape-Shield

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Constitutional Law, Criminal Procedure and Evidence

Computing the Time Period u/s 167(2)(a) CrPC – An Ongoing Judicial Conundrum

In this post, the author analyses how there has been a diverging view of opinion regarding the calculation of time u/s 167(2)(a) of the CrPC available to complete the investigation, which has been a source of contention for a long time. The author also discusses why this is a cause of concern and suggests measures to resolve this issue so that courts may apply the law uniformly across the country. Continue reading Computing the Time Period u/s 167(2)(a) CrPC – An Ongoing Judicial Conundrum

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Criminal Procedure and Evidence, Posts

Office of Public Prosecutor: A Much Needed Clarity

In this post the author seeks to discuss the pivotal role played by a Public Prosecutor in the criminal justice system. He further sheds light on the ambiguities in its definition and provides various guidelines to rectify the loopholes and protect the integrity of the office. Continue reading Office of Public Prosecutor: A Much Needed Clarity

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Case Comments, Criminal Procedure and Evidence

PV Anvar v. PK Basheer: A Critique

By: Natansh Jain Introduction The advent of Information and Communication Technology (ICT) has had a huge impact on the manner in which people transact and communicate business nowadays. There has been an enormous increase in the transactions which are electronic in nature. Such an impact is not limited to business transactions only but it extends to the law of evidence as well. One of the … Continue reading PV Anvar v. PK Basheer: A Critique

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