Editorial* Introduction The sentencing of female offenders is a contentious issue; primarily on account of claims of leniency in consideration of social and cultural biases. In ‘The Criminality of Women’, Otto Polak discusses the same in his chivalry hypothesis, which explains how representatives of the judicial system find it difficult to criminalise women and impose […]
Category: Criminal
Meemansha Choudhary Introduction The rapid advancement of technology and societal evolution often leaves the law struggling to keep pace. While this lag is understandable, given the gravity of legal decisions and their implications on society at large. However, it becomes imperative to question the relevance and manner of implementation of certain concepts in the modern […]
Shaurya Mahajan The Indian criminal legal framework has recently been overhauled, from the centuries-old Indian Penal Code (IPC) and Criminal Procedure Code (CrPC) to the new Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagarik Suraksha Sanhita (BNSS). This shift is an effort by the Parliament to decolonise the criminal law framework and make it more citizens’ […]
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 […]
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, […]
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 […]
Prinshul Agarwal & Anubhav Singh Introduction Imagine being granted bail but then asked to surrender your privacy rights by sharing your real-time location with law enforcement. This was the situation faced by Frank Vitus, a foreign national, in the landmark case Frank Vitus v. NCB. The Supreme Court delivered a pivotal ruling, declaring that such […]
Vishnu Sharma Recently, the Bharatiya Nyaya Sanhita, 2023, introduced the provision of Community Service as a punitive measure for certain offences. It is a remarkable step; however, a catena of shortcomings and challenges lie on the path of its implementation. This blog undertakes to critically analyse the provision of Community Service in India. Introduction ‘Punishment […]
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