Category: Criminology and Victimology

Sexual Offences: Liability and Punishment

Sex related offences are a universal phenomena, which take place in every society in different circumstances and social settings. It may take the form of sexual violence, which sometimes cause severe and irreparable damage to the physical and mental health of the victims. Physical injury includes an increased risk of a range of sexual and reproductive health problems. Its impact on mental health can be equally serious as that of physical injury. Sexual offences, when they assume the form of sexual violence may lead to murder, suicide, acute depression, etc. of victims. It entirely disturbs the social well being of the victims because of stigmatisation and the consequential loss of status in their families and the neighbourhood. Theredore, it is vital that measures are introduced to end India’s tolerance of violence against women and girls. Policy and legal reform are needed to address the pervasive and damaging stereotypes surrounding rape. However, as the author has aptly put it, we must look beyond the natural human desire for retributive justice to seek comprehensive solutions, including sex-offender treatment programmes and restorative justice approaches that provide a true and lasting legacy of change.

Female foeticide

By Gayatri Loomba The West Bengal National University of Juridical Sciences, Kolkata Editor’s note: Female foeticide is the gory practise of sex-selective abortion, which renders the girl child a victim of the highest degree of gender-rooted prejudice. This paper examines the factors leading to the continuance of this practice despite […]

Victimology and Emerging Trends of Compensation

By Gurratan Wander, RGNUL and Harsimrat Kaur, Army Institute of Law, Mohali “Editor’s Note: More often than not, most discourses pertaining to criminal law, or the commission of mass crimes involve the element of criminology, and the principles of criminal law, including basic concepts such as mens rea or actus reus. However, […]

Public Opinion in Sentencing Policy: The Need of the Hour

Sentencing of a convict basically embarks the culmination of the judicial process which begins with the detection, enforcement of the law, prosecution and adjudication. Thus the importance of Sentencing lies in the fact that it becomes the face of Justice and a future deterrent for the prospective offender of law. Informed Public Opinion should be involved right at the beginning of the formation of Sentencing policy so that a consensus can be arrived at about its actual objective. A well-managed Public debate should be initiated by the authorities on various platforms as it will not only help to remove the Iron Curtain between the Courts and the society but will also improve the level of acceptance of the Court’s decision regarding sentencing by the people at large.

Theories of compensation in criminal law

 Prakhar Maheshwari, West Bengal National University of Juridical Sciences Editor’s note:  Offences against the State fall under the domain of criminal law. Relief is usually granted, in criminal cases, by punishment of the offender, unlike civil cases, where relief may take the form of injunction, compensation and/or punishment. This paper […]

Retributive Theory of Punishment: A Critical Analysis

By Abhishek Mohanty, WBNUJS Editor’s Note: The issue of punishment of criminals has been a well debated topic for societies since time immemorial. This has been debated by jurists like Hart, Anthony Flew and Stanley Benn. The broad theories of punishment are divided into consequentalist and retributivist theories.  In this paper, the author […]

The Corroding Faces of Indian Women: Acid Attack

By Shatrunjay Bose, UPES Dehradun Editor’s Note: Acid attacks have become a menace in India for women. The inappropriate use of acid on human body causes devastating effects on the body of the person. The most notable effects of an acid attack are the lifelong bodily disfigurement. The acid can rapidly […]

Sexual Harassment: Breaking the Wall of Silence

By Akshya, USLLS Editor’s Note: This paper begins by discussing the landmark Visakha case and later analyses the changes that the judgment brought in. There is also a brief discussion on Justice J.S Verma Committee Report and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The […]

Comparative Analysis of the Phenomena of Death Row and its Unconstitutionality

By Naveen Kumar Gautam, RMLNLU ‘Editor’s Note: Death Row phenomenon is an attribute of the long and slow infamous trials of Indian judiciary. It is a new phenomenon which throws light upon the double punishment a death sentence convict has to undergo. It talks about the duration of days a […]