Tag: Criminal Law
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Understanding the conundrum: Forcing to give specimen handwritings during the investigation to subsume under ‘compelled to be a witness against himself’
Introduction Article 20(3) of the Indian Constitution provides an accused with immunity against self-incrimination. It is founded on the legal principle “nemo teneteur prodre accussare seipsum,” which translates to “No man is required to testify against oneself.” This right may extend to the accused’s testimony in court, compulsion on the accused to produce or permit […]
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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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Environmental Criminal Law: A necessity for the Indian justice system
The harrowing state of hazardous waste stemming out of different sources in the economy and the callous attitude of the perpetrators towards the same has led to a huge ecological imbalance. Can Environmental Criminal law be a solution to the same? In a recent order, the National Green Tribunal directed the Central Pollution Control Board […]
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Understanding Inquest and its Procedure
Investigation on an inquiry under Section 174 of the Code is distinct from the investigation as contemplated under Section 154 of the Code relating to commission of a cognizable offence. In the present case, the Mumbai Police has done nothing except attempting to stretch the purview of Section 174 without drawing up any FIR. Hon’ble […]
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Supreme Court unlikely to help Rhea Chakraborty – Understanding the Role of Courts during Investigation
The death mystery of Sushant Singh coupled with Supreme Court reserving its order in case of Rhea Charkraborty vs State of Bihar regarding transfer of investigation from Bihar to Maharashtra and competence of CBI to take up investigation has given unfortunate scope to many legal writers to write on different issues touching this case. The […]
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Need to make the Juvenile Justice Act more Juvenile Friendly – Overcoming the Limitations (Part II)
In the first part (You can visit first part here), I pointed out areas of concern that need immediate reinforcements. So in order to see the incidence of juvenile delinquency, child abuse and neglect getting reduced over the coming years and society moving towards development and staying free from the thick black marks of this […]
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