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 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 […]
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, […]
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 incarcerating first time offenders often does no good as they may come into contact with hardened criminals, and go their way. This is where the […]
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 of the Criminal Procedure Code is applicable with regard to the production and detention of a person arrested under the provisions of Section 35 of […]
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 […]
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 […]
By Divya Sharma, Symbiosis Law College, Pune 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 a policeman. It is […]
`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 […]
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 […]