Category: Procedural Laws

Promissory Estoppel

By Madhubala Solanki Editor’s Note: This paper will explain the equitable doctrine of promissory estoppels and its evolution. Ingredients and applicability of the doctrine and the legal liability which arises through the promissory estoppel will be explained. Law commission report on promissory estoppels is dealt in the project. The sphere […]

Role of Judiciary in Rape cases

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.

Scientific Evidence in Criminal Trials- Narcoanalysis

Editor’s Note: Till recently, the courts had to rely on non-scientific evidences only because of the non-availability of proper technology. Scientific evidences are crucial to the fact finder in order to arrive at the logical consequence in deciding large number of issues brought before him/her. In the present era, they have almost become indispensable to them. However, a key issue which can be encountered by a judge/jury when ever scientific evidence is put before him/them is whether scientific evidence is worth believing or not. This is because due to the subjective nature of tests like narcoanalysis, the foremost criticism levelled against conducting the test is its conclusiveness. Therefore, there is a need for the Central government to make a clear policy stand on narco analysis because what is at stake is India’s commitment to individual freedoms and a clean criminal justice system.

The Concept and Historical Background of the Evidence Law

By Sumit Kumar Suman, CNLU INTRODUCTION The term “law” is used in different senses. In the plain sense, it means any rule, regulation or canon, a dogma or a norm to which the human actions are required to conform. The entire corpus juris (body of laws) is broadly classified into […]

The Use Of Case Diary In Investigation

By Sumit Kumar Suman, CNLU Introduction Under the provision of   Section   172   Cr.P.C., every   Police Officer conducting the investigation shall maintain a record of investigation done on each day in a Case Diary in the prescribed Form. Case Diaries are important to record the investigation carried out by an  Investigating Officer.   Any Court may send for […]

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, […]

Quashing of Proceedings and Direction to register F.I.R. – Shakuntala Devi v. State of U.P.

By Anonymous Editor’s Note: This is a report on one of the most important cases in recent criminal jurisprudence. Shakuntala Devi’s case led to a number of guidelines regarding registration of FIR, which, as a matter of legal right, was not implemented in certainty for the common man’s benefit. It […]

Inherent Powers of the Court under the CPC

By Rishi Jain, Vasu Jain & Shaurya Singh Rathore, GNLU Editor’s Note:  Law has always been an essential element of society. It was there even when men were uncivilized and it is even today when we have entered into much-sophisticated world. The presence of law is made much known to us […]

Suits brought by or against Government or Public Officers

By Shrikanth Bhaskar, Vinay Narayan & Vinayak Ojha, GNLU Editor’s Note: Section 80 of the CPC provides for sending a notice to the government or a public officer if one wants to institute a suit against the government or against a public officer in respect of any act purporting to be […]