Every published post, from the latest to the oldest. Browse the complete collection below, or search for a subject, book or idea.
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Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse
Context Abuse of the criminal justice machinery is rampant in India. People are often wrongly implicated in criminal cases and deprived of their personal…
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Right of the Victim to be heard in a Revision petition filed by the Accused
Are we still arguing this? Wasn’t this decided already? Well, the answer is Yes AND No. Taking a step back for a moment and…
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Section 159 CrPC- Rarely used power of Magistrate (Guest Post)
This is a guest post by the very bright Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of criminal procedure. Introduction In continuation of…
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Mandatory to supply grounds of arrest (in writing) to an accused in PMLA case
The Supreme Court on 3rd October, 2023 passed a landmark judgment in the case of Pankaj Bansal v. Union of India. The judgment is…
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Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)
Weaponisation of the Criminal Justice System and Perjury is rampant in India. False criminal cases are routinely filed to settle scores. In these cases,…
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Whether an accused can be directed to disclose his phone password by the investigators?
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in…
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A few thoughts on the New Indian Criminal Laws. (Part 2)
This is Part 2 in a series on the analysis of the new proposed amendments to the criminal laws. You can find the 1st…
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A few thoughts on the New Indian Criminal Laws. (Part 1)
*Caveat : This piece was written on the first draft, that is, before the first draft went to the Select Committee and a new…
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Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting legal issue. Here’s how it goes Cognizance-…
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Openings for 2 ‘Legal Researcher’ positions at the Chambers of Bharat Chugh
The Chambers of Bharat Chugh has two openings for the position of : ‘Legal Researcher”. Experience : 1 to 3 years. With : 1) Proficiency…
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A few thoughts on drafting of written submissions:
1. Lay out what the case is about in the 1st para itself. For instance, in a contractual dispute, say, at the very outset,…
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A few thoughts on Court Craft:
1. Be fair & honourable. An advocate is a story-teller but she’s an ethical story-teller. You don’t take creative liberty with the facts. You…
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Some thoughts on the Art of Cross Examination
“Cross-examination is the greatest legal engine ever invented for the discovery of truth.” John Henry Wigmore 1. Failing to prepare is preparing to fail.…
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Some thoughts on 313 of the CrPC (The Art of Trial Advocacy)
1. Explain each incriminating evidence specifically and clearly. 2. Ensure that your narrative in S.313 is consistent with your defence in the case (as…
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ArtOfAdvocacy (100 Words): The Craft of addressing Final Arguments in Trials:
1. Your argument should, at the very outset, answer : WDWTW. Who did what to whom? Legal issues can come later. 2. Storytelling is…
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Suit Dismissed for default, Restoration Application also dismissed for default- What are the Remedies Available?
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of civil law. Introduction It…
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A Judgment that I wrote in a case of false implication by the Police
Many of you have reached out to me, over the last few months and years, for copies of judgments and orders that I wrote…
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Defendant’s Claim for Injunction in Suit filed by Plaintiff (A Guest Post by Harshit Sharma)
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of civil law. The present…
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15 things that you must do when you get a new case file/brief (Young Lawyer Diaries)
*Part of the ‘Letters to a Young Lawyer’ series. This series is inspired by my conversations with my brilliant younger colleagues at the Chambers.…
