Category: Code of Criminal Procedure

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. […]

Anticipatory Bail in India : A Critical Analysis

 Akshay Maheshwari                                                                           Anjali Bhatt[1]                                            UPES, College of Legal Studies “Editor’s Note: The paper deals with a basic introduction to Anticipatory Bail as contained in the various provisions of the CrPC along with its history of being included in the scheme of the code. The focus is then […]

In Re Ramlila Maidan Incident: Case Analysis

By Mounica Kasturi, Symbiosis Law School, Pune “Editor’s Note: Fundamental Rights are the most integral part of any democratic Constitution. These rights have been enshrined in Part III of the Indian Constitution. Along with rights bestowed, citizens are expected to conform to certain duties, known as Fundamental Rights, imbibed in […]

Community Policing

By Divya Sharma, Symbiosis Law College, Pune Editor’s Note: Introduction Every citizen is a policeman without uniform and every policeman is a citizen in uniform. This is the main philosophy of Community Policing. It is a philosophy of bringing out policeman out of citizen and citizen out of policeman. It […]

Sexual Harassment At The Workplace

By Aarti Goyal, UILS Chandigarh Editor’s Note: Sexual harassment and other forms of sexual violence in public spaces are an everyday occurrence for women and girls around the world—in urban and rural areas, in developed and developing countries. Before 1997, women experiencing sexual harassment at workplace had to lodge a complaint […]

Case Brief: Vadlamudi Kutumba Rao v. State of Andhra Pradesh, AIR 1961 AP 448

By Bhavani Kumar, SLS Pune Editor’s Note: All crimes under the Indian Penal Code are categorized as either cognizable offences or non-cognizable offences. Cognizable offences are those offences that the police may take cognizance of or commence investigation on without there being a First Information Report filed or without the permission […]