Introduction Section 313 of the Criminal Procedure Code, 1973 (“CrPC”) has a profane silhouette around it. After the prosecution has closed its evidence, the accused is given a chance to explain the incriminating matter in evidence against him or her. No matter how bleak or scanty the prosecution evidence is, the court has to provide an opportunity for an explanation by examining the accused. The examination tends to engineer a direct dialogue between the court and the accused and not only benefits the accused, but also the court in reaching the fundamental conclusions of the case. Its impetu ..read more

Recently, a three-judge bench headed by Justice DY Chandrachud in the case of X vs Principal Secretary of Delhi has stated that the definition of rape under the Medical Termination of Pregnancy Act (hereinafter, “the Act”) includes instances of marital rape as well. Additionally, it was held that the distinction between married and unmarried in determining the right to abortion of women is unconstitutional. While the respect accorded to the bodily autonomy of women is laudable, if not essential, the larger question that arises out of this judgment is whether it is a stepping stone to the even ..read more

The first case of sologamy of Kshama Bindoo in India has sparked debate across the region.[1] Sologamy unlike monogamy or bigamy is an unknown marriage practice in Indian legal system. Indian laws recognise monogamy and prohibits bigamy (unless permitted by customary laws). But sologamy or marrying oneself has taken hold in other places, but regional laws including that of India, have not recognized it. As such, this case would not have attracted the attention of public including women’s rights activists and speech right advocates if not there were unwanted consequences of privacy infringemen ..read more

Introduction The United Nations Office on Drugs and Crime (UNODC) recognizes five main theoretical justifications for criminal punishment: retribution, incapacitation, deterrence, rehabilitation, and reparation. Within the various forms of punishment, incarceration has been recognized as important owing to the twin purposes that it serves: the protection of society against delinquents, and the reformation and rehabilitation of offenders. While prisons around the world are steadily moving towards the status of correctional facilities focused on reforming and helping prisoners start a new life a ..read more

The Conundrum of Victims’ Rights in Indian Criminal Jurisprudence: Analysing the (Dis)-Position in Jagjeet Singh v. Ashish Mishra In the recent judgement of the Supreme Court in the Lakhimpuri Kheri Violence Case (Jagjeet Singh &Ors. v. Ashish Mishra &Anr.), the honorable Apex Court has reiterated the rights of the victim to be heard at every stage of a criminal proceeding including trial/appeal/revision. This is a landmark development in victim jurisprudence of criminal law which hitherto have been largely prosecution and State centric. However, a careful scrutiny of the judgement re ..read more

Our Indian criminal justice system works on the principle of ‘Fiat Justitia Ruat Cælum’ which means ‘Let the Justice be done though the heavens fall.' Despite this, the wrongful/malicious prosecution of an innocent person is a common practice in this democratic country. Besides dealing with the social stigma and absence of any statutory provisions for compensation and rehabilitative procedures, innocent people languish in prison for years. The term wrongful prosecution was defined in the case of West Bengal State Electricity Board v. Dilip Kumar Ray, wherein the Court held that when a judicial ..read more

“He’d literally proven himself to be unworthy of my trust...... There is no situation in which this is something I agreed to do” “He saw the risk as zero for himself and took no interest in what it might be for me ……That hurt” These are some of the excerpts of the transcript between Brodsky [1] and the victims of stealthing. This proves that stealthing is more than “a sexual trend”, it destroys lives. The act of stealthing or non-consensual condom removal was in plain sight hiding as none of the victims complain against their perpetrator as the victim readily consented for intercourse with th ..read more

Extra-judicial killings are becoming a norm for Indian society and its law and order. The citizens do not look at it as a possible criminal act but more of a reason to celebrate the establishment of "justice". The statistics of extra-judicial killings in India for the years 2001-2016 paints a miserable image of law and order in the state. A total of 1,557 custodial deaths were reported in the said period, and a case was filed only in half of these events. Out of the 294 charge-sheeted policemen, only 26 were convicted for their crimes. The recent cases of the dramatic encounters of the gangste ..read more

INTRODUCTION Feminist Criminology began to emerge due to the androcentric study (focused mostly on men) of crime till the late 1960’s. Criminology lacked a focus on gender and especially women until various feminist critiques noticed this pattern. Feminist criminology studies crime in terms of gender and intends to study certain factors like female victimization & sexism in the court system. Mainstream criminology ignored the relevance of both female victims and female criminals. Feminist criminology focusses on female offenders, female victims and women in the criminal justice system and ..read more

Introduction Section 482 of the Code of Criminal Procedure, 1973 is a very powerful provision by virtue of which, the Court can preserve and safeguard the ends of criminal justice. The Section in a bid to save the inherent power of the High Courts, states “,Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.” This provision can be regarded as a very salutary provision which can ..read more