Whatsapp
Restorative Justice vs Retributive Justice in Indian Criminal Law
Introduction The Indian criminal justice system has historically operated predominantly on the foundations of retributive justice, where punishment and deterrence form the core obj
Judicial Discretion at the Intersection of Liberty and Process: A Treatise on Supreme Court Jurisprudence Regarding Anticipatory Bail During Pending Non-Bailable Warrants
1. Introduction: The Dialectics of Personal Liberty and Sovereign Compulsion The administration of criminal justice in India rests upon a delicate equilibrium between two competing
Motive Insignificant When Direct Evidence In Form Of Dying Declaration Exists: Supreme Court
Introduction The Indian judicial system places extraordinary evidentiary weight on dying declarations, recognizing them as one of the most reliable forms of testimony in criminal p
Preventive Detention Cannot Override Bail: Supreme Court’s Landmark Ruling on Public Order Requirement
Introduction The Supreme Court of India recently delivered a significant judgment reaffirming that preventive detention laws cannot be used as instruments to bypass bail orders gra
Bail Jurisprudence: Balancing Liberty and Justice in POCSO Cases
Introduction The Supreme Court of India has reiterated a fundamental principle in criminal jurisprudence that bail should neither be refused mechanically nor granted on irrelevant
The Fragmentation of Criminal Liability: A Critical Dissent on Sumit Bansal v. M/s MGI Developers and Multiple Cheque Bounce Cases under Section 138 NI Act
Executive Summary The intersection of commercial exigencies and criminal jurisprudence has long been a site of friction within the Indian legal framework. The Negotiable Instrument
The Indefeasible Right: A Jurisprudential Treatise on Default Bail and the Temporal Efficacy of Subsequent Chargesheet Filing
I. Introduction: The Constitutional Conundrum of Personal Liberty and Procedural Compliance The jurisprudence of criminal procedure in India operates within a delicate equilibrium,
Section 27 Evidence Act: Materials Handed Over During Police Check Cannot Be Termed Section 27 Recoveries: Supreme Court Analysis
Introduction In a significant ruling that clarifies the boundaries of evidentiary law in criminal proceedings, the Supreme Court of India has held that materials handed over by an
Section 311 CrPC: Judicious Exercise of Power to Summon Witnesses in Criminal Proceedings
Introduction The criminal justice system in India is fundamentally built upon the discovery of truth and delivery of justice through fair and transparent proceedings. Within this f
Section 149 IPC: Supreme Court Guidelines on Determining Membership in Unlawful Assembly and Common Object
Introduction The Indian criminal justice system operates on the foundational principle that guilt must be individually established beyond reasonable doubt. However, certain provisi
