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
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.
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.
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
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
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
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
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
Akshay Maheshwari Anjali Bhatt UPES, College of Legal Studies “Editor’s Note: The paper deals with a basic introduction to Anticipatory Bail as
By Ananya Khanna, Symbiosis Law School “EDITOR’S NOTE:- Section 482 of the Criminal Procedure Code pertains to the inherent powers of the High Court and