This explainer breaks down the meaning of the ICC arrest warrants against Benjamin Netanyahu and others in the Israeli establishment, and its implications for the attacks against Gaza.
The article explores judicial interpretations of “unsound mind” in the CrPC/BNSS. It demonstrates that the standard employed by the courts reflects the definition “mental illness” under the Mental Healthcare Act, 2017, despite the judiciary and legislature insisting that the two are not equivalent.
This article examines sentencing circumstances which must be considered while imposing life imprisonment without remission sentences in death penalty appeals, and argues that the Court’s attempt to clarify the doctrine in Navas v. State of Kerala (2024) is misguided given the nature of this punishment.
This article examines sui generis powers under the Maharashtra Special Public Security Bill 2024, arguing that these processes vest punitive powers. The operation of such processes outside the regular criminal process subverts fair trial and due process requirements.
This piece critiques the Rajasthan High Court ruling that disrobing does not amount to rape. The piece highlights the significant issues in judicial interpretation of the difference between ‘attempt to commit rape’ and ‘assault to outrage the modesty of a woman’ in Indian law. It argues that current judicial interpretations of what constitutes an attempt to rape are inconsistent and problematic, particularly in cases involving ‘disrobing’. It considers various factors from judicial precedent to propose a new, more comprehensive test for courts to determine attempted rape.
In the context of the Delhi Excise Policy case, this article problematises the practice of filing multiple supplementary chargesheets. It explains how this practice amounts to an illegal misuse of investigative powers and the effects of it on the accused person’s rights in a criminal trial.
This article examines the Gujarat Prevention of Anti-Social Activities Act, 1986 (PASA), highlighting the lack of constitutionally acceptable thresholds in the legislation to guide the exercise of preventive detention powers.
Drawing from Douglas Husak’s ‘theory of criminalisation’, this article argues that current criminal law is insufficient to deal with gender-based crimes in times of conflict in India and suggests reforms.
