Rape is one of the most heinous crimes and is often described as the “beginning of a nightmare” for the victim. In this paper, efforts have been made to identify how judiciary being the third pillar of the Constitution has played a vital role in finding the proper solution in rape cases. Sometimes through wide interpretations of the various provisions of legislation and sometimes by laying down landmark judgments where there were no specific laws.
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, […]
By Soumya Singh Chauhan, UILS, Chandigarh “Editor’s Note: The criminal justice system is slowly advancing from being retributive to reformative. It has been realised that incarcerating first time offenders often does no good as they may come into contact with hardened criminals, and go their way. This is where the […]
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.
By using the data of National Crime Records Bureau , the authors have examined the overall trends and characteristics of crime, crime rates and crime control techniques in each stage of the criminal justice system in India. From the data analyzed, it has been determine that economic, political, and societal factors have played a crucial role in the occurrence of crime and crime control practices. Recent phenomena, like the financial crisis and the current political stalemate in India, seem to have contributed to this disturbing increase in crime. If these factors can be stabilized, then we may anticipate the improvement of the crime situation in India.
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 […]
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 […]
By Vivek Singh, Institute of Law, Nirma University Editor’s Note: According to the author, a male employee who is in a higher position is always in search of taking undue advantages of a female employee.This research paper is based on real legal dispute at the trial court level with regards to the […]
By Prachi Verma and Yashika Sharma, Amity Law School, Delhi Editor’s Note: This paper discusses the controversial judgment of the Supreme Court in the case of Suresh Kumar Koushal v. Naz Foundation. It also discusses the 2009 Judgment of the Delhi High Court which decriminalised homosexuality. The Supreme Court has failed […]
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 […]