The Blog is an initiative of the Criminal Law Research and Review (CrLRR). The Blog solicits original & unpublished work from students, legal practitioners, and academics in the field of criminal law.
The Indian criminal justice system immediately needs to be made more victim-centric. Ending the backlog of cases in the judiciary, abandoning overcriminalization, ensuring police accountability and giving up colonial tactics are the way forward.
The legislation governing disclosure of evidence is inefficient in our country in a manner that the law paves way for abuse of power by the law enforcement authorities.
The paper analyses major factors that impact convictions under the POCSO, provides a parallel analysis with provisions of the IPC that serve the same/similar purpose, and provides a possible roadmap for the path ahead.
The jurisprudence of Section 311 CrPC, in the absence of defined rules, has to be traced through the judicial decisions which from time to time have defined the principles on which the wide discretionary power has to be exercised by the Courts.
The article examines challenges encountered by victims in submitting compensation claims and proposes ways to improve the existing system.
The article examines the implications of any dependence on the formal criminal justice system, whether good or bad and what role alternative means of social control can play in bringing about the ends that criminal laws aim to achieve
Recently, the Supreme Court has affirmed that a Magistrate cannot grant extensions to investigation agencies for the purpose of carrying out investigations under Sec167, CrPC when the accused is charged under the UAPA. This decision was made by relying on the case of Bikramjit Singh v State of Punjab. This post seeks to enquire into the law on this point by adverting to a textual analysis of relevant provisions and discussing the said case law.
Non-criminalization of marital rape can be seen as a product of the patriarchal norms and ideologies that are still rampant in India.
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.