Modern Platforms, Outdated Laws
Explained: Aparajita Women and Child Bill, 2024
Explained: The ICC Arrest Warrant Against Benjamin Netanyahu
India’s New Criminal Laws: A Substantive Analysis
Of Unsound Mind Or Mentally Ill: Analysing Pronouncements In Procedural Criminal Law
How much remission is too much?
Maharashtra Special Public Security Bill 2024: An Exercise Of Penal Powers Through Administrative Processes
How Close is Close Enough: Rethinking Proximity in Attempted Rape Cases
Chargesheet 9/n: The ED’s Abuse of Supplementary Chargesheets in the Delhi Excise Policy Case
Problematising PASA
Voices Of Resilience: Combatting Violence Against Women In Conflicts In India
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In response to recent trial court proceedings in a case filed by the Delhi Police against members
of a news organisation under the Unlawful Activities Prevention Act, 1967 (UAPA), this piece
argues that an accused person has a right under Indian law to obtain a copy of the FIR
registered against her under S. 154 of the Code of Criminal Procedure, 1973 (CrPC). This right
is available at all stages of the criminal procedure, including prior to and during investigation.
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Three bills were introduced in the Lok Sabha that sought to repeal and replace the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and the Indian Evidence Act, 1872. This document is a substantive analysis of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Bharatiya Sakshya Bill, 2023, which aim to assess major changes being proposed to criminal procedure and evidence as they exist in the Code of Criminal Procedure, 1973 (CrPC) and the Indian Evidence Act, 1872, respectively. In this substantive analysis of provisions, fourteen issues have been analysed in-depth. Other changes that do not receive a detailed assessment have been identified for the reader’s convenience. The document also contains a comparative table towards the end that captures the introduction or modification of timelines through the BNSS for different stages of the criminal procedure under the CrPC.
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This article argues that Section 124-A (IPC) constitutes an offence of formal strict liability but fails to satisfy the philosophical justifications of strict criminal liability. It concludes by showing how Section 150 of the Bharatiya Nyaya Samhita Bill rectifies this defect by adding the mens rea element of knowledge or purpose.
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This post analyses the implications of the newly-inserted provision criminalising making or publishing ‘false and misleading information jeopardising the sovereignty, unity and integrity of India’.
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This post analyses the replacement of ‘sedition’ with the newly inserted provision seeking to penalise acts endangering the sovereignty, unity and integrity of India.
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Click to explore : Research Brief Annotated Comparison Editorials & Interviews Research Brief Bharatiya Nyaya(Second) Sanhita Bill, 2023 & Bharatiya…
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This post analyses the new provision prescribing punishment for ‘terrorist acts’, in light of the existing law and definitions in the UAPA.
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This post analyses the newly introduced provisions penalising organised crime and their comparison with existing state organised crime legislations.
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This post analyses changes introduced to the provision on death by negligence, including enhancement of punishment and obligatory reporting mechanisms.
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This post analyses the issues with imposing a mandatory minimum of a whole life sentence as punishment for murder and attempt to murder by life convicts.