Category: Procedural Law
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Law in 100 words | Grounds of arrest not informed ? – Well, Arrest Invalid!
Guest post by Kritika Malik (Research Head – Chambers of Bharat Chugh) The Arrest Very quickly, the facts: On the Eve of 3rd October…
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Navigating The New Criminal Laws | Part 1 | Preliminary Enquiry
Amongst other things, BNSS has introduced a crucial amendment regarding preliminary enquiry (herein after referred to as “PE”). Here’s how the newfangled provision reads: …
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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…
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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…
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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…
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Section 159 CrPC- Rarely used power of Magistrate (Guest Post)
This is a guest post by the very bright Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting topic of criminal procedure. Introduction In continuation of…
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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…
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Deferment of cross examination of prosecution witnesses (Defence Counsel diaries)
Weaponisation of the Criminal Justice System and Perjury is rampant in India. False criminal cases are routinely filed to settle scores. In these cases,…
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Whether an accused can be directed to disclose his phone password by the investigators?
Background I’ve written on this subject earlier (see here) and primarily on the Karnataka High Court ruling (“Virendra Khanna”) on the subject. Ruling in…
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Judicial Magistrate’s Power to take Cognizance of Offence committed beyond his Territorial Limits and in Cases where it acts as a Link Court (Guest Post)
This is a guest post by the very bright young judge Harshit Sharma (https://www.linkedin.com/in/harshit-sharma-hs30/) on a very interesting legal issue. Here’s how it goes Cognizance-…
