A poem on the Juvenile (In)Justice Act….

Here's a poem I wrote some years back on how retribution, penal populism and moral outrage are the prime features of our juvenile justice policy.  This is largely inspired from a series of encounters with many of these children, during my stint as a Magistrate.   Nobody taught me to speak-therefore, I can’t mince words, I … Continue reading A poem on the Juvenile (In)Justice Act….

Anticipatory Bail – whether for limited time, or not?

There is no terror in the bang, only in the anticipation of it"1 "One ought not to make a bugbear of the power to grant anticipatory bail."2 I. Introduction Whether anticipatory bail should be granted only for a limited period of time, or once granted, should it continue till the end of trial? This is … Continue reading Anticipatory Bail – whether for limited time, or not?

The Unconstitutional Vagueness Of The Personal Data Protection Bill, 2018’.

“What happens in vagueness, stays in vagueness…” Police Officer: “Hey, Mr.CEO, you’re under arrest! We’ve found that the website of your company displays….hmmm….what do you call it [Police Officer asks his slightly more informed sidekick]…oh..yes, yes..I know – ‘Data’; this can cause ‘harm’ to people, so I’ve been told [Police Officer grins] Mr.CEO: “What! Please wait a … Continue reading The Unconstitutional Vagueness Of The Personal Data Protection Bill, 2018’.

Data Theft and Indian Criminal Law.

Data Theft and The Indian Criminal Law.[1] Thou shalt not steal (Data)[2] A woman with her computer can steal more than a hundred women with guns[3] Data is the “new oil”, and has arguably replaced oil as the world’s most valuable resource. Internet and Smartphones have made data ubiquitous, plentiful and more valuable than ever … Continue reading Data Theft and Indian Criminal Law.

Understanding the Benami Law in India: Frequently Asked Questions

In the last few months, we have seen a major crackdown on Benami properties and their owners by the Government. Specialised Anti-Benami units have been set up by the Income Tax department across the country and in almost every state and thousands of properties already stand attached under the Prohibition of Benami Property Transactions Act, … Continue reading Understanding the Benami Law in India: Frequently Asked Questions

Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.

Issues relating to Electronic Evidence What is an Electronic Record ? Types of Electronic Records. Is an Electronic Record a ‘document’ ? Is a ’Hard Drive’ a document ? Admissibility of Hard Disk Proof of Electronic Record. Section 65B of the Evidence Act Effect of use of Non Obstante Clause in S.65B(1); Conditions : Section … Continue reading Issues relating to Electronic Evidence – Admissibility, Section 65B certificate and other frequently asked questions.

Role of a Magistrate in a Criminal Investigation

Authored by Bharat Chugh[1] INTRODUCTION A young bank official named Joseph is arrested by two policemen one fine morning, without even being informed why. Joseph is outraged. Till his death, Joseph does not get to know what is he being tried for. Joseph is the protagonist of Franz Kafka’s seminal work ‘The Trial’, which is the … Continue reading Role of a Magistrate in a Criminal Investigation

Supreme Court on Possession of fruits of crime in murder case

A decision on inference arising from possession of fruits of crime - soon after the occurence, in absence of reasonable explanation may lead to inference of complicity, also a preposition on Life Sentence means incarceration till last breathe and not 14 or 20 years. The possession of the fruits of the crime recently after it … Continue reading Supreme Court on Possession of fruits of crime in murder case

Tukaram v. State of Maharashtra 1979 SC

Largely hailed as a rare example of judicial insensitivity to a rape victim/gender outrage - the judgment paved path for various amendments in rape related laws - especially those catering to situations on dominance where a person uses his official/superior position to obtain advantage (see S.376A to D) also introduced was S.114A which raised a … Continue reading Tukaram v. State of Maharashtra 1979 SC

The difference between Consent & Submission in cases of Rape

Punjab-Haryana High Court Rao Harnarain Singh Sheoji Singh ... vs The State on 12 August, 1957 Equivalent citations: AIR 1958 P H 123, 1958 CriLJ 563 Author: T Chand Bench: T Chand ORDER Tek Chand, J. 1. This is an application under Section 498, Criminal Procedure Code, for release of the petitioners on bail pending … Continue reading The difference between Consent & Submission in cases of Rape