Recently, a three-judge bench of the Supreme Court in Opto Circuit India v. Axis Bank [2021 SCC OnLine SC 55] rendered a decision that potentially has far-reaching implications for the rights of an accused regarding the procedure of attachment/freezing of property under the Prevention of Money Laundering Act, 2002.
Wounded Government Pride: ‘Sedition’ discrediting the Voice of Dissent
This article gives an overview of how the State Mechanisms in India are using this law to create fear and quell dissent, while providing an analysis of specific instances of the same.
Sec 7, POCSO & Incorrect Application of Ejusdem Generis
Court did not take into account the exceptions of the principle of ejusdem generis, that it can be applied only as an aid in ascertaining or giving effect to legislative intent.
A Critique of Bail System in India
The Hon’ble SC, in Kamlapati v State of West Bengal, explains bail as a method which is developed for harmonising two fundamental concepts of human value, the liberty as enjoyed by the accused and the interest of the public at large which in turn depends on the release of accused
Is Criminal Transmission of HIV Attempt to Murder?
..HIV positive patient cannot be prosecuted for the offence of attempt to murder if they had sexual intercourse without consent.....
Revisiting Animal Welfare: Exigency of a Stronger Legislation
The article analyses animal welfare legislations (India) and why it is quintessential to effectuate a functional approach to animal welfare.
Constitutionality of Reverse Burden under POCSO
Constitutionality of reverse burden was upheld the Kerala High Court in Justin @ Renjith v. UOI the analysis of which is the objective of this article.
A Case of Sexual Assault or Outraging a Woman’s Modesty
The article critically analyses the Bombay High Court, Nagpur Bench, judgment where the Court held that skin-to-skin contact is required to establish the offence of sexual assault.
The Rule of Best Evidence: Stalwart of the Due Process Model of Criminal Justice System
The paper discusses the well renowned and celebrated doctrine of evidence law, the rule of best evidence. It endeavours to analyse the behaviour of the exceptions (including extrinsic evidence) to this rule and their impact on the rule itself.
Legal aid should be real and meaningful
The article analyses the Supreme Court judgment in Anokhilal v. State of MP where the Court noted that 'free legal aid should amount to real and meaningful assistance being extended to accused'
Criminal Law Research & Review 