- The One-sidedness of Disclosure & Discharge hearings in India
by Bharat Chugh
India’s discharge hearing—meant to filter out baseless prosecutions—is structurally one-sided. Courts rely solely on what the prosecution presents, while exculpatory material stays hidden. This piece traces the legal evolution of that imbalance and argues for a fairer, more transparent system grounded in global due process standards.
- 2025 in Books
by Bharat Chugh
This year’s reading felt less like a sprint and more like a long, deliberate walk—through history, conscience, exile, law, love, and the quiet corners of human fragility. I moved from the moral and legal claustrophobia of The Trial to the aching tenderness of a lost child’s story in Foster; from the grand sweep of American history in These Truths and—arguably—the most accessible telling of world history in A…
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- Book Review – Flesh by David Szalay
by Bharat Chugh
This book doesn’t manipulate.
Its omissions are not laziness but craft.
A strategic silence in a negotiation.
An awkward pause at dinner.
A shadow that makes the body visible.
- How courts distinguish between rape and consensual sex: Adv Bharat Chugh explains
by Bharat Chugh
First published in the Indian Express here Written by Ashish Shaji. The Karnataka High Court recently quashed a rape case against a man in which the aspect of consent was argued. The aspect of consent often becomes a contentious point of argument in the cases of sexual offences with several constitutional courts ruling on the subject. Even as courts from time to time have…
Read more: How courts distinguish between rape and consensual sex: Adv Bharat Chugh explains
- Book Review: These Truths by Jill Lepore
by Bharat Chugh
Jill Lepore’s These Truths is a sweeping yet intimate portrait of America’s 500-year journey—its ideals, contradictions, and constant reinvention. Part history, part moral inquiry, it reminds us that democracy, like truth itself, is never settled. Reading it, one understands America—and perhaps India—just a little more deeply.
- The Question as a Weapon: How Suggestions Shape (or Misshape) Truth in a Criminal Trial
by Bharat Chugh
Cross-examination is not mere questioning—it is confrontation with purpose. The duty to “put one’s case” ensures fairness, prevents ambush, and tests truth itself. From Browne v. Dunn to modern Indian rulings, the law demands not silence but speech—a disciplined challenge where suggestion becomes the voice of justice.
- Lacuna in Section 8 of the BNS, 2023: The Missing Framework for Default in Community Service (Guest Post)
by Bharat Chugh
Section 8 of the Bharatiya Nyaya Sanhita, 2023 governs fines and imprisonment in default of payment — but it falls silent on what happens when a convict fails to perform community service, a new form of punishment introduced by the Code. This article highlights that silence: it neither defines how long imprisonment may last for such a default nor when it should terminate if the service is later performed. The gap may seem technical, but it strikes at the heart of fair sentencing and legislative coherence — and urgently needs rectification.
- Litigating Lost Love & Affections ? – The revival of the outdated tort of Alienation of Affection
by Bharat Chugh
The Delhi High Court’s decision to entertain a claim for “alienation of affection” — a tort abolished across much of the world — risks pulling Indian family law back into a moralistic past. Once common in Victorian England and early-20th-century America, these so-called “heart-balm” actions were outlawed for being intrusive, unprovable, and contrary to modern notions of personal freedom. India should not revive what the world has wisely buried: the idea that love lost can, or should, be compensated in damages.
- Why Every Indian Trial Judge Needs a Law Clerk/LR | Strengthening the Foundation
by Bharat Chugh
India’s trial courts decide the fate of millions yet carry nearly 90% of the backlog without any research support. Overworked judges juggle bail, dying declarations, and full trials alone. Law clerks could transform this frontline of justice — improving quality, reducing appeals, and restoring faith in the rule of law.
- Bookshops in London & Edinburgh
by Bharat Chugh
I’ve visited at least one bookshop in every city I’ve ever been to. For me, books—and by extension, bookshops—are sanctuaries of stillness. Travel, though exhilarating, can often be a sensory onslaught. There’s so much to absorb, so much that demands awe. Like a museum or gallery, the experience can be emotionally overwhelming—devastating even—in the best, most mind-expanding way. You find yourself empathising…
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- My take on the recent SC judgment on mandatory 3 years practice
by Bharat Chugh
Drawing from experience as a young judge, Bharat Chugh critiques the push for mandatory bar experience before joining the judiciary. He argues that early judicial entry, with robust training, nurtures adjudicative skills better than a few years at the Bar—especially in a saturated, unequal profession where access isn’t guaranteed.
- Equal Pay for Equal Work Prevails: Supreme Court Upholds RMSA Teachers’ Right to Parity
by Bharat Chugh
In a landmark judgment, the Supreme Court upheld the right of RMSA teachers in Nagaland to equal pay for equal work, striking down arbitrary wage disparities. Reinforcing Article 14, the Court held that the State cannot justify unequal treatment based on labels like “contractual” when the work performed is identical.
- Applicability of Rule 4 of Delhi High Court (Original Side) Rules, 2018, legal uncertainty & resultant injustices. (Part 1)
by Bharat Chugh
Rule 4 of the Delhi High Court (Original Side) Rules, 2018, has triggered a wave of uncertainty. While meant to streamline procedure, its rigid interpretation risks unjust dismissals and procedural unfairness. Conflicting judicial views now demand clarity—on whether the Rule is mandatory or directory, and its prospective or retrospective effect.
- Proving the Invisible: New-Age Crimes and the Trial of Truth
by Bharat Chugh
New-age crimes—from deepfakes to metaverse assaults—demand an urgent rethink of our evidentiary rules and investigative methods. In this piece, Bharat Chugh explores the challenges of proving cybercrimes in court, using real-life examples and outlining a roadmap to make justice fit for the digital age.
- Defects in Criminal Investigation: Lessons from the Trenches
by Bharat Chugh
This article examines critical defects in criminal investigations through landmark case studies, exposing how sloppy procedures and forensic lapses derail justice. Drawing from judicial pronouncements and the author’s firsthand experience, it underscores systemic issues and offers practical reforms under the new criminal codes to ensure accountability and investigative integrity.
- Biometric Leaks and Absolute Liability: Drawing Parallels with the Oleum Gas Leak Case (Guest Post)
by Bharat Chugh
Biometric data leaks threaten identity, privacy, and liberty — rights enshrined in Article 21 of the Constitution. Drawing from the Oleum Gas Leak case, this piece argues for imposing absolute liability on corporations mishandling such sensitive data, echoing the Court’s stance: fundamental rights deserve uncompromising protection, digital or physical
- Book Review on Tareekh Pe Justice: Reforms for India’s District Courts
by Bharat Chugh
Tareekh Pe Justice by Bharat Chugh spotlights India’s district courts—the real trenches of justice—through powerful storytelling, deep analysis, and a call for meaningful reform. It exposes systemic challenges and makes a compelling case for judicial independence, better evaluation metrics, and procedural integrity. A must-read for anyone invested in justice and reform.
- Arrested, But Why? The Vihaan Kumar Case and the Fight for Transparency in Arrests (Guest Post)
by Bharat Chugh
In Vihaan Kumar v. State of Haryana, the Supreme Court reaffirmed that arrest without disclosing reasons violates Article 22(1) of the Constitution. The case exposes alarming procedural lapses and custodial misconduct, demanding structural reforms, digital safeguards, and judicial accountability to ensure transparency and protect individual liberty against arbitrary detention.
- THE ENFORCEABILITY OF ARBITRATION CLAUSES IN DRAFT AGREEMENTS (Guest post)
by Bharat Chugh
At the heart of arbitration lies the principle of consent—without it, arbitration loses its voluntary and contractual character. This article examines whether an arbitration clause in a draft agreement, exchanged during negotiations but never formally executed, can be enforced. Through key judgments such as U.P. Rajkiya Nirman Nigam Ltd. v. Indure Pvt. Ltd. and Orissa Stevedores Ltd. v. Orissa Mineral Development Co., the paper highlights that a mere inclusion of an arbitration clause in a draft does not constitute a binding arbitration agreement unless there is absolute and unqualified acceptance by both parties. In the absence of consensus ad idem, arbitration remains a hope—not a right.
- Statutory Presumption, Foundational Facts, and Quashing: A Legal Analysis (Guest Post)
by Bharat Chugh
This article explores the nuanced interplay between statutory presumptions, foundational facts, and the courts’ power to quash criminal proceedings. It analyzes how exceptions to the presumption of innocence operate in grave offences like those under POCSO and NDPS Acts, and when such presumptions can be invoked—even at the pre-trial stage. Drawing on key judgments, including the recent Just Rights for Children case, it offers a clear framework for understanding the shifting burdens of proof in serious criminal cases.
- DECODING THE RATIO OF PRABIR PURKAYASTHA ON ARREST (GUEST POST)
by Bharat Chugh
The Supreme Court’s landmark judgment in Prabir Purkayastha v. State has redefined arrest protocols in India by mandating the furnishing of written grounds of arrest in all cases. This article examines the judgment’s retrospective applicability, its impact on procedural safeguards under Articles 20-22, and its implications for cases under UAPA, PMLA, and routine offenses like NDPS and bribery trap cases.
- Game Over Before It Begins: The Unfortunate Case of Unilateral Appointment of Arbitrators.
by Bharat Chugh
Justice is rooted in confidence. A party cannot and must not choose its own judge. The same principle applies to arbitration. Yet, the practice of unilateral appointment of arbitrators—where one party selects the adjudicator—has been, pardon our French, a persistent legal nuisance, violating the very core principles of neutrality and fairness. Fortunately, the jurisprudence on this issue is now fairly well-settled and the pernicious practice…
Read more: Game Over Before It Begins: The Unfortunate Case of Unilateral Appointment of Arbitrators.
- BNSS : Mandatory Videography of Search & Seizure – A few thoughts.
by Bharat Chugh
The BNSS (Bharatiya Nagarika Suraksha Samhita) brings about several notable reforms in the criminal justice system. One of the changes that stands out, and perhaps redeems BNSS in a significant way, is the mandatory videography of search and seizure operations. This reform addresses a long-standing flaw in the system that has facilitated abuse of power, particularly by law enforcement. In my years…
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- All India Judicial Services: A Remedy Worse Than The Ailment?
by Bharat Chugh
Judicial reform in India has always been a fraught terrain, where idealism meets the stubborn realities of culture, language, and local politics. Among the more controversial proposals making the rounds is the creation of the All India Judicial Services (AIJS), a centralized recruitment process designed to improve efficiency and inclusivity within the judiciary. On its face, it seems an idea whose time has come. But as with many well-intentioned reforms, the question remains: will it truly address the deep-rooted issues it seeks to resolve, or will it end up compounding them?
- The Criminal Justice System Reforms India Actually Needs (Part 2)(Repost)
by Bharat Chugh
First published on Bar & Bench here. This is the 2nd part in a two-part series, where I seek to lay out a few criminal justice reforms which we actually need (and deserve!) and on which the new laws say nothing at all. I spoke about 10 major issues in the last column (here). Here are a few more. Case Management: Most cases…
Read more: The Criminal Justice System Reforms India Actually Needs (Part 2)(Repost)
- SECTION 148: THE HIDDEN GEM OF THE CPC (LAW IN 100 WORDS)
by Bharat Chugh
This is a guest post in our series titled ‘Law in 100 words’ where we try to simplify complex legal provisions/concepts & put them crisply. One of the hidden gems that often go unnoticed is- Section 148 of the Code of Civil Procedure, 1908 (hereinafter “The Code”). This section provides for the ample discretionary power of the court to enlarge time not…
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- Understanding Benami Law in India (Repost)
by Bharat Chugh
Reposting this FAQ we did a few years back.
- PERIOD OF LIMITATION IN SUITS SEEKING RELIEF OF PARTITION (LAW IN 100 WORDS)
by Bharat Chugh
*Guest post by Advocate Prerna Dhingra There are different periods of limitation prescribed for suits, appeals and applications in the Schedule to the Limitation Act, 1963 read with Sections 2(j) and 3. However, the most sought-after relief of partition in civil suits, astonishingly, has no period of limitation prescribed in the Schedule under “First Division- Suits”. Now, it may seem that partition…
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- Criminal Justice Reforms India Actually Needs (& Deserves!) (Part 1)
by Bharat Chugh
First published at Bar & Bench here ** Introduction The dust on the new criminal laws has not settled yet. And it won’t, if you ask me, for a very long time. Some of the amendments raise far more questions than they answer. Let alone the substantive provisions, even the ‘savings clauses’ (ironically, a clause that should – as the name suggests…
Read more: Criminal Justice Reforms India Actually Needs (& Deserves!) (Part 1)
- Provision relating to handcuffing under the BNSS
by Bharat Chugh
The relevant provision i.e S. 43(3) of the BNSS. reads : To summarise, now a person may be handcuffed while being arrested or on production before Court when: Comment: It appears that no prior application to the Court is needed now (as was the case earlier) before handcuffing a person arrested. Having said that, we believe that the Courts would (and should) insist on…
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