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 […]
Category: Criminal Justice System
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
For 420 in cheque bounce cases – dishonest intention at time of giving cheque necessary
This decision basically states that merely because cheque gets dishonoured – won’t automatically give rise to liability u/s 420 for cheating – the prosecution/complainant has to prove that at the time of giving of cheque […]