Nachiketa Narain & Aredla Praneet Reddy Introduction “Bail is the rule, jail is the exception” is what the division bench of the Supreme Court of India (SC), ruled in Prem Prakash v. Union of India (Prem Prakash) pertaining to bail provision under Prevention of Money Laundering Act, 2002 (PMLA). It is pertinent to note that […]
Author: nualslj
Priya Sharma Introduction Incorporating community service in the new criminal laws as a punishment for petty offenses is a progressive shift from the traditional retributive theory of justice to a restorative one. This approach to criminal justice is based on the principle of “abhor the crime and not the criminal”. As Gandhiji wrote in 1946, […]
Abiola Olajide Ogunsakin & Gbade Olomu Akinrinmade Abstract This paper evaluates the powers and qualification of the Deputy Governor of a state to hold office under the Constitution. It examines the process of their nomination and their role in government. It concludes with findings about gaps in the law and suggests measures to redress the […]
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 […]
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 […]
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 […]
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 […]
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 […]
Pragyan Sucheta Panda & Aryan Rawat Takeaways from Reports and Surveys of ICN The International Competition Network (ICN) is an informal organization which addresses various concerns regarding competition. Importantly, ICN is not a law-making body and it just recommends the best practices in competition law in various jurisdictions. Individual member countries can consider these recommendations […]
Pragyan Sucheta Panda & Aryan Rawat Introduction Confidentiality has been a prominent issue while dealing with cases of competition laws. In the current ethos, with the emergence of excessive reliance on data and information by businesses, the domain of safeguarding sensitive information remains an open challenge. This calls for the competition regulators to strike a […]
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