Category: due process
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ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE VIS-A-VIS RIGHT TO PRIVACY UNDER ARTICLE 21 OF THE INDIAN CONSTITUTION (GUEST POST)
This is a guest post by the very bright Mr. Ritwik Sharma, Advocate, Delhi. This is in the light of the recent order by the Hon’ble High Court of Chhattisgarh in Aasha Lata Soni v. Durgesh Soni (CRMP No. 2112 of 2022) whereby the Hon’ble Court overturned an application under S. 311 of the CrPC allowed by…
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Preventive arrest and security proceedings in CrPC (S.107/151 CrPC) and misuse abuse
Context Abuse of the criminal justice machinery is rampant in India. People are often wrongly implicated in criminal cases and deprived of their personal liberty. India – in fact – bears the dubious distinction of being a country with one of the highest number of pending criminal cases (relative to civil cases), where more than…
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Right of the Victim to be heard in a Revision petition filed by the Accused
Are we still arguing this? Wasn’t this decided already? Well, the answer is Yes AND No. Taking a step back for a moment and frankly speaking – apart from this specific problem, we have indeed come a long way; from the days when a Victim was relegated to being a mere footnote in a criminal…
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Mandatory to supply grounds of arrest (in writing) to an accused in PMLA case
The Supreme Court on 3rd October, 2023 passed a landmark judgment in the case of Pankaj Bansal v. Union of India. The judgment is on Section 19 of the PMLA which reads as follows: “19. Power to arrest.—(1) If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the…
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