Atif Alam and Srijan S. Kashyap Abstract This article examines the use of the Unlawful Activities (Prevention) Act (UAPA),[1] focusing on the balance between State authority and individual rights in the context of public security. It analyses the expanding interpretation of “Terror Acts” and the bail framework in relation to pre-trial detention. The article traces […]
Tag: fair trial
Himanshu Yadav Introduction Courts have long relied on the doctrine of res judicata to ensure finality in adjudication and to protect the judicial process from repetitive litigation. Res judicata, however, is not a single rule, but an umbrella concept encompassing various distinct legal principles. An overemphasis on the label risks obscuring the substantive content and […]
Barbara Prem Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), formerly Section 397(2) of the CrPC, bars the revision of interlocutory orders to prevent trial delays. However, inconsistent judicial application of the ‘intermediate order’ doctrine, established in Madhu Limaye v. State of Maharashtra, has created a classification crisis. By miscategorising crucial mid-trial orders […]
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