Category: Criminal Justice System
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Statutory Presumption, Foundational Facts, and Quashing: A Legal Analysis (Guest Post)
This article explores the nuanced interplay between statutory presumptions, foundational facts, and the courts’ power to quash criminal proceedings. It analyzes how exceptions to…
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DECODING THE RATIO OF PRABIR PURKAYASTHA ON ARREST (GUEST POST)
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…
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BNSS : Mandatory Videography of Search & Seizure – A few thoughts.
The BNSS (Bharatiya Nagarika Suraksha Samhita) brings about several notable reforms in the criminal justice system. One of the changes that stands out, and…
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Criminal Justice Reforms India Actually Needs (& Deserves!) (Part 1)
First published at Bar & Bench here ** Introduction The dust on the new criminal laws has not settled yet. And it won’t, if…
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Provision relating to handcuffing under the BNSS
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…
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Some time-lines under the new BNSS.
Here are few time-lines provided by the new CrPC avatar : The BNSS. Action Time limits Conducting Preliminary enquiry Within 14 days Electronic communication…
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Saving(s) grace? The New BNSS & its savings & repeal clause (Part-1)
Well, transitions are never easy. CrPC, with all our bragging rights on knowing the sections, sub-sections, rules and exceptions, is now gone. So is…
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Opportunity to the (Proposed) Accused before taking cognizance on a complaint | A Curious New Provision in the BNSS
The settled law with respect to Section 200 CrPC was : In a complaint case (private prosecution) an accused person does not come into…
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Navigating The New Criminal Laws | Part 2 | Community Service
Guest post by Kritika Malik (Research Head – Chambers of Bharat Chugh) Every saint has a past and every sinner a future Over time,…
