By Bharat Chugh. [1] First published one SCC Online Blog here. On the legality of compelling an accused to disclose his smartphone/laptop password, or open his phone through face-scan, or fingerprint and the constitutional protection against […]
Category: Evidence Law
MASTERCLASS ON HOW TO DEFEND AND PROSECUTE CRIMINAL CASES FOR YOUNG DEFENCE COUNSEL AND LAW STUDENTS
Q. What is the difference between ‘exhibition’ of documents and ‘marking of documents’ IN EVIDENCE?
Not much of a difference. Frankly, there has been much ado about nothing. The general belief is that a document which is given an ‘Exhibit’ number is usually held to be legally admissible. For instance, […]
‘Promissory Estoppel’ and ‘Legitimate Expectations’ : Same wine in different bottles?
Well, they are not. Supreme Court says so in the very lucidly written – State of Jharkhand & Ors v. Brahmputra Mettalics Ltd. Ranchi & Another (2020 SCC OnLine SC 968) that all students of […]
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 […]
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 […]
An A to Z guide to the new, time-less and important in law
Why an A to Z list of law/legal concepts/judgments etc.? As somebody wise said: A rear-view mirror is the best kind of crystal ball. Sometimes ‘looking back’ is ‘looking ahead’. Our choices and the effects […]
Rethinking ‘Fruits of the Poisonous Tree Doctrine’: Admissibility of Illegally Obtained Evidence
“If I want to deprive you of your watch, I shall certainly have to fight for it; if I want to buy your watch, I shall have to pay for it; and if I want […]