Articles

42 Articles
10

The presumption of innocence is a traditional principle of Indian criminal law. Generally speaking, every accused person is presumed innocent until proven guilty by the State. But some Indian statutes deviate from this principle. These deviations are a component of a larger move towards “special” criminal laws to deal with “extraordinary” offences which, it is sometimes suggested, ordinary criminal law cannot adequately deal with.

11

On March 28, 2022, the Lok Sabha voted for introducing the Criminal Procedure (Identification) Bill, 2022 (‘the Bill’). The Bill seeks to collect what it terms as ‘measurements’ from certain classes of persons and allows for its processing, storage, preservation, dissemination, and destruction, with the stated aim of identification and investigation in criminal matters and of prevention of crimes.

13

Over the past few years, police forces across States in India have started employing artificial intelligence technology. These ‘predictive policing’ softwares aim at overhauling the system of maintaining crime databases. The process entails collection and analysis of data regarding previous crimes for statistically predicting areas with an increasing probability of criminal activity, or for identifying individuals who may indulge in such activity.

7

On 24 February 2022, even as the UN Security Council held emergency meetings to try and resolve ongoing tensions between Russia and Ukraine, Russia launched a military invasion into Ukraine. Ukraine has filed claims against Russia before the International Court of Justice, and its leaders have also requested the International Criminal Court to open an investigation into the crimes committed during the military invasion. This blog looks at the possible avenues under international criminal law to respond to the Russian invasion of Ukraine.

12

Innocence-based crime dramas in their aim to present individual stories of injustice can undercut deeper criminal justice issues. Given the power of visual media in conveying ideas, it is very important that these ideas are carefully chosen. More so, when dealing with issues as complex as crime and punishment.

11

It is untenable that a prisoner’s caste identity and social status are used to burden them with degrading labour and unequal treatment in a free and democratic country. Casteist roles and discriminatory practices continue to be legally validated by various State Prison Manuals even today.