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, […]
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