Categories
Criminal

Cross – Jurisdictional Analysis of Deferred Prosecution Agreements

Divyam Shresth Sinha Introduction Criminal prosecution of a big corporation results in profusion of problems in the economic landscape of a country. Therefore, countries worldwide are willing to enter into Deferred Prosecution Agreements (DPAs) with these corporates. Various countries follow different approaches in their DPA regime. The present paper briefly analyzes the DPA regimes across […]

Categories
Criminal

Retrospective Application of Section 479 BNSS: A Crucial Step Forward in Alleviating Prison Overcrowding or Two Steps Back?

Debangana Nag and Sudha Ganesh Introduction The key purpose of a prison is to reform and rehabilitate the prisoners and make them responsible citizens of a nation. However, the reality on the ground emphasises that what is practised in our prisons is the theory of retribution and deterrence. The adverse conditions during long periods of […]

Categories
Criminal

Rethinking Witness Compensation: A Two-Pronged Approach to Reforming India’s Legal System

Aaditi Anand Sinha Introduction While discourse on Witness Protection Scheme has seen another development, with Assam drafting its own Scheme under Bharatiya Nagarik Suraksha Sanhita 2023 [“BNSS”], there is hardly any discussion on an equally important aspect–compensation provided to the witnesses for their statements although courts have reiterated its importance time and again. Mere safety […]

Categories
Family Law

Live-in relationships and the right of maintenance: Assessing legal recognition in light of Uttarakhand’s UCC

Advaith Agrawal & Abhishek Sanjay Introduction The number of people entering into live-in relationships in urban areas has significantly increased over the past few decades. There is a rapid shift away from the legal complexities associated with the institution of marriage. Young couples prefer to share a common household for some time before getting a […]

Categories
Constitutional Law

Proportionality Principle in India: A Hollow Promise?

Aditya Jain & Ayushi Shukla Introduction The proportionality principle today forms an integral part of review jurisprudence around the globe, and India is no exception. Tracing its origin from the German Constitutional Courts in the 19th century, the principle was developed in the context of administrative law to regulate police action while dealing with individual […]