Category: criminal law

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 […]

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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, […]

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Return of the Debtor’s Paradise? A case against Decriminalisation of Section 138 of the NI Act

A slightly abridged version of this first published at Bar and Bench – https://www.barandbench.com/columns/return-of-the-debtors-paradise-a-case-against-decriminalisation-of-section-138-of-the-ni-act Creditor, n. From the Latin for “believer”; someone who lent money to a borrower and believes the loan will be repaid in full. That belief turns out to be true – most of the time  (Devil’s Financial Dictionary – Jason Zweig) Let’s face it: […]

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The Passcode on your phone, the right to privacy and protection against self incrimination

An interesting guest post by the very talented Shreyash Sharma (4th Year, National Law University Odisha) & Gultash Guron (Final Year, Campus Law Centre Delhi) where they examine a rather vexed question relating to the scope of the protection against self incrimination in the context of phone passcodes (face scans, finger prints) and the fundamental right to privacy.

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