Category: Criminal Justice System
-
![[Guest Post] A Step Towards Restorative Justice: Delhi High Court on Victim Compensation under Section 357 CrPC](https://bharatchugh.files.wordpress.com/2020/12/pexels-photo-5668882.jpeg?w=867)
[Guest Post] A Step Towards Restorative Justice: Delhi High Court on Victim Compensation under Section 357 CrPC
This is a guest post by Sushant Kumar (undergraduate student at Dr. RML National Law University, Lucknow) Section 357 of the Code of Criminal Procedure, 1973 (CrPC) replaced its predecessor, Section 545 of the erstwhile Code of Criminal Procedure, 1898, based on the recommendations of the Law Commission (41st Report). An important distinction was that the […]
-
Key takeaways from the SC verdict in Arnab Goswami bail matter
The Court starts off by examining the scope of scrutiny & jurisdiction of the High Court – while acting under Article 226 of the Constitution and Section 482 of the CrPC. The Court then examines the true import of the decision in Habib Jeelani (SC) which advises judicial restraint in such matters and cautions against […]
-
Who really is a “police officer?”. A quick case comment on the Supreme Court decision in Tofan Singh v. State of Tamil Nadu (2020 SCC OnLine SC 882)
Isn’t it too late in the day to be deciding this, you ask? Shouldn’t something like this – which goes to the very basics of a criminal justice system – be settled for good by now? Well, the law on this point – as the discussion below would reveal – has meandered (instead of evolving!). […]
-
COVID and White Collar Crime
There’s hardly any webinar on the effects of the pandemic that gets concluded without the wise panelists exhorting us – in Churchill’s words not to “let a perfectly good crisis go to waste..”; while we may – or may not learn, white collar criminals seem to know this better than anyone else. Hate to sound like an alarmist, […]
-
Some Thoughts on Answer Writing and a Model Answer (DJS)…
A lot of you have written to me – the past few weeks, seeking guidance on answer writing. The importance of writing better and more clearly cannot be emphasised enough. This is the area where one can get a cutting edge; this is important given the fact that most of us have access to broadly […]
-
A Charter For Reform in Procedural Criminal Laws | Ensuring ‘Justice’ in the Criminal Justice System
Nothing affects our lives and our liberty more directly than criminal law, and yet, nothing has been treated with greater disdain as far as law reform is concerned. We’ve talked about it a lot indeed. It has just not been important enough to implement, for some reason. We’ve forgotten that what separates a ‘Criminal System’ from […]
-
Tips for Judicial Service examination preparation; A Guest Post by Mr. Pratik Sagar (Civil Judge, 30th Batch, Bihar)
This is a guest post by the very talented young judge – Pratik Sagar, (Civil Judge, 30th batch, Bihar). This is how it goes: Hello, hope you are doing fine! If you are reading this article, it means either you are preparing for coveted judicial service examination or maybe you are still in the decision making […]
-
Issues relating to Multiple FIRs/Chargesheets, Joinder of Charges/Accused and Splitting of Trials
This column is based on talk delivered by Bharat at the National Police Academy to a batch of 132 IPS officers/probationers, currently on training, with the very able assistance of Abhijay Srekanth (4th year, Jindal Global Law School.) ** Multiple FIRs, Chargesheets, Joinder of Charges and Accused and Splitting of Trials is an area of […]
-
Phone-tapping and Recording of a Phone conversation: Is it legal and admissible?
First published on LiveLaw at : https://www.livelaw.in/phone-tapping-and-recording-of-a-phone-conversation-by-a-private-party-issues-relating-to-legality-and-admissibility/ “Who are you? Why do you hide in the darkness and listen to my private thoughts?” William Shakespeare, Romeo and Juliet Is Privacy history? The sheer number of court trials where a telephone recording is sought to be used by either party as evidence, suggest that private thoughts […]
-
Can the accused rely on material beyond the chargesheet – at the stage of discharge?
First appeared at https://www.mondaq.com/india/court-procedure/680992/the-shifting-judicial-sands-on-accused39s-right-to-rely-on-exculpatory-material-at-the-stage-of-discharge A preliminary hearing in a criminal trial is one of great importance, and the right to seek a discharge (threshold dismissal) is an extremely valuable right that the Criminal Justice System guarantees to the Accused. This gives an opportunity to the Court to sift out meritless cases at the very threshold, […]
Bharat Chugh 