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.
Victims and Prosecution: Bridging the Gap between Expectations and Justice
The article aims to analyze the position of victim advocacy in India. It further aims to analyze whether allowing for private prosecution in India, in these situations, is an efficient solution.
Section 219 CrPC: Judiciously Bypassing a Provision
Background In a letter addressed to the Finance Minister, Nirmala Sitharaman, the Confederation of All India Traders (CAIT), requested the expediency of cases relating to dishonour of cheques through the setting up of fast track courts and adequate amendments to the Negotiable Instruments Act, 1881 (“The Act”). The letter cited the 213th report of the … Continue reading Section 219 CrPC: Judiciously Bypassing a Provision
Revisiting the Constitutionality of Reverse Onus Clauses in NDPS Act: A Jurisprudential Analysis
The article briefly analyses the flaws in the reasoning adopted by the court in Noor Aga v. State of Punjab and the principles from the criminal jurisprudence that the court could have looked into in deciding the outcome of the case.
Non-release of Prisoners in Bihar on Interim Bail/Parole during the Pandemic: Violation of Article 21
It must be clarified that the order of the Hon’ble Apex Court is a directory and gives autonomy to the High Powered Committee of the States to determine the category of prisoners who shall be eligible to be released....
Section 377, IPC & the Curious Case of Necrophilia in India
Introduction -Necrophilia Finding little to no recognition in most countries, the bizarre act of Necrophilia means the sexual desire and attraction towards a corpse. A deplorable act in which the perpetrator gets sexual pleasure in having sex with a corpse. With lamentable lust being the absolute motive, Necrophilia is often found to be done by … Continue reading Section 377, IPC & the Curious Case of Necrophilia in India
Trade-Based Money Laundering: The Need To Review Prevention of Money Laundering Act, 2002
The article focuses on a relatively less addressed method of money laundering: Trade-Based Money Laundering (“TBML”). Money launderers have opted for TBML because of two major reasons: (i) the massive boost in the global trade in the past couple of decades, and (ii) because of the increased inspection and detection techniques for other commonly practices money-laundering methods.