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 the legal liability which arises through the promissory estoppel will be explained. Law commission report on promissory estoppels is dealt in the project. The sphere […]
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.
Law On Phone-tapping In India
By Priyan Garg, Amity Law School, Noida “EDITOR’S NOTE:- The recent times have exposed the diabolic methods used by government agencies all over the world for the greater good of national security. Deployment of such techniques is invasive of the fundamental right to privacy that citizens are entitled to. In […]
Critical Analysis of Selvi v. State of Karnataka
By Supallab Chakraborty, Symbiosis Law School, Pune “Editor’s Note: The paper is a critical analysis of the landmark judgment of Selvi v. State of Karnataka inasmuch as it deals with the evidence given by narco-analysis, FMRI and polygraphs to be inadmissible.“ INTRODUCTION “It has become appallingly obvious that our technology […]
Distinction between relevancy and admissibility
Prakhar Maheshwari, West Bengal National University of Juridical Sciences Editor’s note: In laws of evidence, relevant facts could depict any set of closely interrelated facts, to the extent that they rely on each other to establish an event. These facts make the event more or less likely than it would […]
Case Briefs| M.C. Mehta, Section 122 IEA, Defamation IPC and Compensation
By Vivek Singh, Institute of Law, Nirma University Editor’s Note: This paper is in the form of case briefs. The first case is the landmark M.C. Mehta case dealing with the Environment Pollution in the river Ganga. This case falls in the new category of tort where environmental tort has been committed […]
Doctrine of Res-Gestae
By Jibin Mathew George, Amity Law School, Delhi. Editor’s Note: The author explained the various facet of the Doctrine of Res-Gestae with the help of various case laws and its interpretation from the Indian Evidence Act, 1872. INTRODUCTION Section 5 of the Indian Evidence Act lays down that evidence may […]
Sting Operations as Evidence in India
By Palak Jain, NLIU Bhopal Editor’s Note: Sting operations can be classified into positive and negative sting operations based on their purpose. Positive sting operation takes place in the interest of the society, which helps to lift the purdah of the working of the government. On the other hand negative sting operation harm […]