Non-criminalization of marital rape can be seen as a product of the patriarchal norms and ideologies that are still rampant in India.
Explainer | Notary Advocates & Oath Commissioners
An explainer on Notary Advocates and Oath Commissioners who form an integral part of the Indian Legal System.
Power u/ Sec 319 CrPC | Manjeet Singh v. State of Haryana – Comment
The power under Section 319 CrPC cannot be exercised in a casual manner. It is invoked in circumstances where strong & convincing evidence...
Explainer | Victim’s Right to Appeal, Sec 372 CrPC
A victim can file an appeal against an order of sentence of a criminal court on specific grounds as under Section 372, CrPC.
[Updates] Delhi Riots Conspiracy Case | Umar Khalid’s Bail Application
Senior Advocate Pais argues FIR against Khalid is a complete fabrication, says Khalid speaks on democratic power and unity in his speech.
Insufficiency of the Judiciary in Conducting Rape Trials
The derogatory manner in which the courts deal with rape victims is truly problematic. Stereotypes revolving around how an Indian woman should act are not just prevalent in our society but in our judiciary system as well, especially in matters relating to sexual offences.
Significance and Challenges of Criminology in Public Policy
Edwin H. Sutherland gave a comprehensive definition of the term criminology – the body of knowledge regarding crime as a social phenomenon..... It is important to understand and study criminology - to know why individuals commit crime, what are the social conditions out of which crime emerges, what provokes offenders, to improve the criminal justice system. Criminology is a science which deals with different aspects of human behavior that violate criminal law. Edwin
Conceptions of Criminal Liability: Individualism and Corporatism
This article aims to examine the corporate criminal liability framework. It highlights the individualistic bias of this framework and the problems this bias creates when imposing liability on corporations. The second part of this article focuses on the manner in which the judiciary has tried to mould this individualistic framework to impose criminal liability on corporations. It also proposes alternative punishments that could be imposed on organizations to make criminal liability more effective.
Capital Sentencing Framework in India: A History of Judicial Inconsistencies
The article explores the capital sentencing framework laid down by the apex court in Bachan Singh v. State of Punjab (1980). Beginning with an examination of contemporary developments surrounding death penalty sentencing, the author maps the inconsistencies and arbitrary application of the Bachan Singh framework through an examination of landmark judgments of the Supreme Court. The author's emphasis lies on how courts have erratically looked at the mitigating circumstances of the crime and the criminal.
Is Temperament of an Accused a Decisive Factor in deciding ‘Grave & Sudden Provocation’
The paper demonstrates the general theme of how courts have closely examined & interpreted the exception of grave and sudden provocation.