This post analyses the ambiguities brought about by Bharatiya Nyaya Sanhita Bill 2023 in defining “life imprisonment” as imprisonment for the remainder of natural life.
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. In the third installment, Project 39A has prepared the document comparing the proposed Bharatiya Nagarik Suraksha Sanhita, 2023 with the current provisions of the Code of Criminal Procedure, 1973.
The article borrows from the United States of America to examine whether lethal injections are an appropriate mode of execution and a feasible alternative to hanging by the neck in India.
This article proposes that the Supreme Court’s judgement in Enforcement Directorate v. Kapil Wadhawan is a well-reasoned opinion that strengthens statutory bail, whose interpretive preferences are capable of being invoked to undermine the extinguishing regime.
Can the criminal justice system, as it stands today, address complex needs and treat families of victims justly? In this podcast, Dr. Penelope Tong and Baljeet Kaur discuss the need for the criminal justice system to expand its imagination of justice for families of murder victims.
In the digital age, upholding justice is crucial, specifically in cases of NCII, where the current legal framework and terminology inadequately address the complexities, ultimately resulting in a lack of justice…The global outrage erupted in response to NCII has spurred concrete actions in various countries. India has no reason not to follow suit and can do so more efficiently
In this podcast, Project 39A’s Director (Sentencing) Neetika Vishwanath speaks to Dr. Mayur Suresh (Senior Lecturer, SOAS University of London) on his recently published book ‘Terror Trials: Life and Law in Delhi’s Courts’. The book is an ethnographic study of Delhi’s Tis Hazari court over 14 months during which Dr. Suresh followed 18 terrorism trials. In this conversation, Dr. Suresh reflects on the relevance of ethnography as a method of legal research and the value of studying everyday life in trial courts. Looking beyond the exceptionalism framework in academia that is often used to describe terrorism laws and trials, ethnography allowed Dr. Suresh to capture ways in which terror accused use legal procedures and technicalities to engage with the law.
With vast experience on a wide range of human rights issues since 1985, Enakshi Ganguly, the co-founder of HAQ: Centre for Child Rights recently published her first book, ‘Juvenile, Not Delinquents: Children in Conflict With the Law’. The book, co-authored with Kalpana Purushothaman and Puneeta Roy, is a thought-provoking account of her experience working on child rights, powerfully arguing that we have failed to support vulnerable children in their path to reform. In this conversation with Snehal Dhote, Associate (Sentencing) at Project 39A, Enakshi discusses the book as well as her thoughts on child rights discourse.
