Category: Criminal Law
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Constitutionality of Marital Rape in India: From Law Commission Reports to Substantive Testing
Listen to the article here. In the process of the Delhi High Court on 10 January, 2022 continuing the hearing of petititons on Marital Rape, there is unclarity on its current legal stand. The main contentions raised are on the exemption – II of S.375 of the Indian Penal Code (IPC), and the state failure […]
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Arrest Warrant and Role of Magistrate
As a regular writer, I try to focus upon the problems that I as Magistrate regularly encounter in court. One such problem is the issuance of a Non-Bailable warrant, at what stage it can be issued, and can it be issued on mere asking by a Police officer and guidelines, if any, that need to […]
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Rape Laws in India: Things that need to change
In India, the history of rape laws began with the enactment of the Indian Penal Code (IPC), in 1860. Since then, there have been several amendments to deter and punish such heinous acts and make India a safer place. However, even after such amendments, the law lacks to address certain crucial issues of marital rape […]
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New Offences are Added: Whether Bail or Jail
Court is a place where every day you get the opportunity to learn new concepts. As a judge or Magistrate we on the previous day prepare ourselves to face the cases listed on next day. But it always happens that how much we prepare ourselves there will always be a situation that will force us […]
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Default Bail: Practice and Procedure
The concept of bail germinates from the presumption of innocence until proven guilty which is golden thread running throughout the criminal justice system. According to Black’s Law Dictionary, Bail is defined as “Procuring the release of a person from legal custody, by undertaking that he/she shall appear at the time and place designated and submit […]
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Rowlatt Act in disguise: The Preventive Detention laws in India
Introduction This article deals with the law of preventive detention in India. Preventive detention authorises any police officer to arrest or detain any person who is suspected to be committing a crime in the future in order to prevent him from doing so. Under preventive detention laws, a person could be detained for extended periods […]
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