Category: Procedural Laws

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.

Use Of Case Diary In Investigation

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

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. […]