Understanding the Historical and Constitutional Making of Right To Protest in India
In recent years, the right to protest in India has become a courageous exercise of upholding democracy and constitutional ideals. To protest then is not simply exercising one’s right. It is also an act of defiance, and a means to uphold other fundamental rights. Dhruv Vatsyayan and Arpit Saxena ask if the peaceful right to protest is indelible to other fundamental rights, then why does it face excessive executive action. Dhruv and Arpit also trace the history of the right to protest in India in colonial and post-colonial times.
The Siddique Kappan Case: How Freedom of Speech Got Incarcerated
Journalist Siddique Kappan case recently reignited after his video asserting his belief in the Indian Constitution and Judiciary went viral. Siddiquie Kappan got arrested while he was on his way to report the Hathras rape case in Uttar Pradesh. He is among many small and independent journalists who are wrongfully incarcerated under draconian laws like the Unlawful (Activities) Prevention Act and sedition. The latter is, in fact, a colonial leftover.
Both these laws reverse the burden of proof and are worded to warrant human rights violations. Shubhra Agarwal, a Lawctopus Writers Club member, breaks down the case with its timeline. She also explains how the case defies legal protections, abusing excessive state power to silence voices of dissent.
Academike Basics: All You Need To Know About Bail Jurisprudence in India
In a tell-all of ‘Basics’ by Academike, Dr Deepali Vashist breaks down for you Indian bail provisions, its practice and philosophy of granting bail.
Union of India vs K.A. Najeeb: A Trial Without a Trial
The recent pronouncement by the Supreme Court in Union of India v. K.A. Najeeb is being touted as a ray of justice for several accused arrested under the draconian Unlawful Activities (Prevention) Act (UAPA). Shivangi Banerjee analyses the judgement and highlights the implications it might have for future cases. She further elucidates the timeline of UAPA and narrates the story of its permanence.
Triple Test for Grant of Anticipatory Bail’s in India
By Kapil Chandna What purpose the prosecution would achieve by sending an accused in custody is an important point to be considered. Simply because an
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
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,
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
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
Scope and Extent of Amendment of Pleadings
By Kanthi Kiran Mamidanna, NALSAR University, Hyderabad “Editor’s Note: The court system in a nation usually operates to do justice. In light of this argument,
Probation under Criminal Law
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
Directorate of Enforcement v. Deepak Mahajan: Case Analysis
By Udisha Ghosh, Symbiosis Law School, Pune “Editor’s Note: The present analysis deals with a case that attempts to resolve issues such as if Section 167
Arrest And Detention Under Civil Law
By Harpreet Kaur, UILS, Chandigarh Editor’s Note: Arrest usually take place when a person is suspected of having committed a criminal offence. However, arrest and
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
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
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
Civil Procedure Code, 1908- More Effective and Justice Oriented
By Akash Mishra, WBNUJS Editor’s Note: The Code of Civil Procedure (CPC) is deemed to be one of the primary procedural laws in India which is
Inherent powers of the Court under the CPC
By Sunit Kumar Mondal, Prachi Thanvi & Shubhi Surana, GNLU Editor’s Note: This paper aims to analyze the inherent powers of the court as enshrined under
