SC Order On Extension Of Limitation: Should not apply to Section 167 (2) Cr.P.C

The COVID-19 pandemic has bought with itself unprecedented challenges for the judiciary. This has made the task of striking a balance between upholding the rule of law and preserving basic human rights, tougher than ever before. Bail is the principal right of an accused. The need to protect personal liberty is enshrined in the Indian Constitution through Article 21 and has been upheld by the … Continue reading SC Order On Extension Of Limitation: Should not apply to Section 167 (2) Cr.P.C

False promise of marriage and sexual intercourse: Is it always a rape?

Today, India is achieving great heights, however women security continues to be a pertinent issue. Number of crimes against women are on an exponential rise. One of the most common crimes against women today is that of rape. Rape is defined in Section 375 of the Indian Penal Code[i] as an act of a man having a sexual intercourse with a woman without her consent … Continue reading False promise of marriage and sexual intercourse: Is it always a rape?

Use of Forensic Evidences in India and their impact on the trial

Society is usually ever-changing and, therefore norms or regulations cannot be made stagnant and it also equally needs changes consistent with the social, economic and cultural condition of society. The criminal justice system additionally witnesses such reasonable changes with the span of our time which has been made by the investigation agencies by introducing technological advancement within the procedure for the gathering of evidence. These … Continue reading Use of Forensic Evidences in India and their impact on the trial

RECOGNIZING AND BALANCING THE RIGHTS OF THE VICTIMS WITHIN THE INDIAN JUSTICE SYSTEM.

Legal Provisions Regarding Victims’ Rights ICC statute defines victim as “natural persons who have suffered harm as a result of the commission of any crime within the jurisdiction of the ICC”[1]. Articles 1 and 2 of the UN General Assembly Declaration of the Basic Principles of Justice for Victims and Abuse of Power provide for the definition of the term ‘victims of crime’. UN Declaration … Continue reading RECOGNIZING AND BALANCING THE RIGHTS OF THE VICTIMS WITHIN THE INDIAN JUSTICE SYSTEM.

Exemption of Martial Rape: An Anachronistic Impunity

Introduction Marital rape is a disgraceful offence that has scarred the trust and confidence in the institution of marriage. Since inception, this term has led to hue and cry in India but has gained more pace recently. However, criminalization of marital rape still seems to be a distant dream in India, anticipating the bizarre and ignominious behavior of the present government. The harsh realization is … Continue reading Exemption of Martial Rape: An Anachronistic Impunity