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 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.
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
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
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
`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
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
By Tanu Priya Editor’s Note: Punishment is the coercion used to enforce the law of the land, which means it is one of the pillars of
By Shubhyanka Rao, RMLNLU ‘Editor’s Note: One of the basic steps in any criminal case is taking cognizance of such actions. Only after taking the