Centre For Criminal Law Studies

Assessing the Quality of Legal Aid: Need for A Uniform Legal Framework:

This post by Harsh Panwar discusses that the conversation on legal aid mechanisms have only been centered around access to legal aid to an accused, but there exists hardly any conversation around guaranteeing the ‘effectiveness’ of the same. The author submits that the Indian criminal jurisprudence must now shift its focus towards ensuring the effectiveness of legal aid.

The article does so by first examining the current standards employed by Indian courts to adjudicate ineffective assistance claims. Second, it depicts how the reliance on American jurisprudence to fill gaps in the Indian legal framework can do more harm than good. Lastly, the article concludes and provides suggestions for reforms.

https://criminallawstudiesnluj.wordpress.com/2021/04/29/assessing-the-quality-of-legal-aid-need-for-a-uniform-legal-framework/

Assessing the Quality of Legal Aid: Need for A Uniform Legal Framework -By Harsh Panwar Introduction Access to legal aid is considered a pertinent issue by the stakeholders in the criminal justice system. However, much of the conversation on legal aid mechanisms have …

Exploring Holocaust Survivors’ Post Liberation Delinquency: An Analysis Through an Unexplored Theory of Neutralization of Crime:

This post by Sanjeet Aggarwal discusses the holocaust where the N**i extermination camps of Central Europe used to murder over 2.7 million people during, were among the most brutal and barbarous manifestations of human malice and cruelty that anybody could persist through. However, there were a few stout-hearted men who persevered through it all. They were rescued and liberated by the International Covenant of the Red Cross volunteers after the Soviet invasion of Hitler’s territory.

This article aims to probe these survivors’ behaviour post-liberation and analyze their delinquent actions in the context of a distinct neutralization theory of crime recently propounded by researcher Emily Bryant, Emilie Brook Schimke, Hollie Nyseth Brehm and Christopher Uggen.

https://criminallawstudiesnluj.wordpress.com/2021/04/19/exploring-holocaust-survivors-post-liberation-delinquency-an-analysis-through-an-unexplored-theory-of-neutralization-of-crime/

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Exploring Holocaust Survivors’ Post Liberation Delinquency: An Analysis Through an Unexplored Theory of Neutralization of Crime -By Sanjeet Aggarwal The N**i extermination camps of Central Europe, which used to murder over 2.7 million people during the Holocaust, were among the most brutal and barbarous manifestations of hu…

Virendra Khanna v State of Karnataka: Passwords and the Dilution of the Right Against Self-incrimination.

This post by Kashish Khandelwal critically examines the recent judgment given by the Karnataka High Court in Virendra Khanna v State of Karnataka, and further argues that the High Court proceeded on an erroneous interpretation of the law and thus, it reached an incorrect conclusion and that the Court's direction of asking an accused to reveal their password to unlock their smartphone violates the right against self-incrimination.

Virendra Khanna v State of Karnataka –Passwords and the Dilution of the Right Against Self-Incrimination -By Kashish Khandelwal In Riley v California, while holding that an accused cannot be forced by the police to reveal their password, the US Supreme Court observed that owing to the rapid developmen…

Crackdown on Dissent- A Call for Reform and Action

This post by Shraddha and Yana Gupta discusses how grave misreading of law coupled with dubious intents on the part of the Indian government has led to not only violation of its own constitutional commitments but also its international obligations. Further, this article gives an account of the reaction of the international community towards this conundrum and the paragons of change available before us to improve the situation.

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Crackdown on Dissent : A Call for Reform and Action – By Shraddha and Yana Gupta (This article is the second part of a two-part series) Introduction India is a democratic nation and recognition of dissent remains a sine qua non of a true and a…

Anticipatory Bail in Offences under CGST Act: A Developing Jurisprudence:

This post by Nitesh Mishra discusses the Central Goods and Services Act, 2017 which ushered in a novel tax regime in India. Owing to the recent enactment of the Act, there does not exist ample judicial interpretation of the substantive offences prescribed. However, the jurisprudence around granting of anticipatory bail in such offences has been deliberated by the courts at great length, and it is this developing jurisprudence that this article is essentially concerned with.

https://criminallawstudiesnluj.wordpress.com/2021/04/09/anticipatory-bail-in-offences-under-cgst-act-a-developing-jurisprudence/

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Anticipatory Bail in Offences under CGST Act: A Developing Jurisprudence -By Nitesh Sharma The Central Goods and Services Act, 2017 (“the Act” or “CGST Act”) ushered in a novel tax regime in India. Section 132 of the Act has prescribed certain offences which attract pun…

A Criminological Perspective on Sexual Crimes in India:

This post by Bhavya Sharma discusses some of the theories of crime causation including the environmental theory, routine activity theory, and Sutherland’s theory of differential association. This article studies only those acts that may come under the offence of ‘r**e’ as has been defined under Section 375 of the Indian Penal Code, 1860.

https://criminallawstudiesnluj.wordpress.com/2021/03/27/a-criminological-perspective-on-sexual-crimes-in-india/

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A Criminological Perspective on Sexual Crimes in India -By Bhavya Sharma Introduction Cases of r**e in India are reported in the newspapers almost every other day. A careful reading of these reports through a criminological perspective, keeping in mind…

Marry your ra**st: An unending saga of compromise in R**e Cases:

This post by Harsh*ta Dixit talks about a recent case where Chief Justice of India S.S. Bobde asked a r**e accused to marry her victim.
The author cogently forwards that any compromise in r**e cases, between a r**e victim and offender, compromises the woman’s honor. In the case of r**e or attempted r**e, the idea of compromise should not be considered, because these are crimes against the body of a woman, which is her own temple.

https://criminallawstudiesnluj.wordpress.com/2021/03/23/marry-your-ra**st-an-unending-saga-of-compromise-in-r**e-cases/

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Marry your ra**st: An unending saga of compromise in R**e Cases -By Harsh*ta Dixit Introduction Recently a Supreme Court bench headed by Chief Justice of India S.S. Bobde asked a r**e accused to marry her victim. The accused, who is a state government employee,…

Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity:

This post by Atreya Chakraborty and Aurin Chakraborty analyses Section 372 and Section 378(4) of Cr.P.C, they discuss that if the victim and complainant are the same person in a private complaint case, the appropriate remedy would lie in Section 378(4) of the Code. However, at the same time, there appears to be a lack of strong prima facie statutory evidence to suggest that the definition of ‘victim’ as provided in the Code would be applicable only to police cases and as such, no classification of the ‘victim’ class is, on the face of it, detectable from the statutory language.

https://criminallawstudiesnluj.wordpress.com/2021/03/22/proviso-to-section-372-or-section-3784-of-the-code-of-criminal-procedure-1973-which-remedy-to-avail-an-interpretative-perplexity/

Proviso to Section 372 or Section 378(4) of the Code of Criminal Procedure, 1973; which remedy to avail? – An Interpretative Perplexity -By Atreya Chakraborty and Aurin Chakraborty Introduction The Latin maxim of Ubi Jus Ibi Remedium embodies a settled principle of common law which essentially means that ‘where there is a right, th…

Rakhi as bail condition turns "molester into brother" by judicial mandate: Supreme Court gives directions to avoid "women asked for it" orders:

This article posted on Bar and Bench discusses the recent Judgment of Aparna Bhat v. State of Madhya Pradesh wherein the Court made certain pertinent observations while setting aside an order of Madhya Pradesh High Court which had directed a man accused of sexual assault to get Rakhi tied on his wrist by the victim as a condition for bail.

https://www.barandbench.com/news/litigation/rakhi-tying-bail-supreme-court-molester-into-brother-directions-to-court

Rakhi as bail condition turns "molester into brother" by judicial mandate: Supreme Court gives directions to avoid "women asked for it" orders Nine women lawyers had challenged the MP High Court to the effect that such bail orders often trivialized sexual offences.

Crafting Accessible Remedies to deal with Multiple FIRs and Complaints:

This post by Abhinav Sekhri discusses an obvious problem, one that has been a part of the system, and one which is only becoming more prolific over time — multiple complaints for the same alleged acts which not only expose a person to double jeopardy but also waste judicial time and taxpayer monies. It was identified two decades ago by the Supreme Court as well, but unfortunately, the remedies crafted by the Court have failed to keep up with the times.

https://criminallawstudiesnluj.wordpress.com/2021/03/14/crafting-accessible-remedies-to-deal-with-multiple-firs-and-complaints-2/

Crafting Accessible Remedies to deal with Multiple FIRs and Complaints -By Abhinav Sekhri 2020 (and January 2021) witnessed a series of high-profile cases where the potential accused persons were sought to be prosecuted across the country for their conduct. Arnab Gosw…

Legality of Hindutva Politics under Section 171C IPC: Scope of the Section and Hindutva’s Varied Interpretations:

This post by Vaibhav Yadav talks about how the right to vote freely can be affected by a number of factors, which include taking recourse to religious issues for gathering political support. This article specifically argues that the use of the Hindutva ideology causes undue influence at elections under section 171C of Indian Penal Code, when interpreted in light of the Section’s purpose/object and points out the limitations of the judgments given by the Courts on the matters so far along with a few suggestions.

https://criminallawstudiesnluj.wordpress.com/2021/03/12/legality-of-hindutva-politics-under-section-171c-ipc-scope-of-the-section-and-hindutvas-varied-interpretations/

Victim Assistance in India: Broadening the Scope of Victim Reparations in the Criminal Justice System:

In this post by Tanisha Prashant, the author discusses the impact of crime on the victim which often leaves them with no tool to deal with the tragic aftermath. Lack of coping skills coupled with traumatizing experience leads to no recovery and forces the victim into a vicious cycle of revenge and retribution. With increasing crime rates every year, there is a need for a victim-oriented approach in the justice system to heal the society internally.

https://criminallawstudiesnluj.wordpress.com/2021/03/06/victim-assistance-in-india-broadening-the-scope-of-victim-reparations-in-the-criminal-justice-system/

Victim Assistance in India: Broadening the Scope of Victim Reparations in the Criminal Justice System -By Tanisha Prashant Introduction The justice system does not provide any succor to the victims of crime. The concept of fair trial and justice embodies in itself a triangulation of rights and inte…