Criminal Law Archives - Page 9 of 15 - Legally Speaking
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Bail is a matter of right, jail an exception

This is a judicial principle that was laid down by the Supreme Court during a landmark judgement of State of Rajasthan v. Balchand alias Baliya in 1978. The judgement was based upon... Read more »

Criminal liability of a foreign citizen under Indian Penal Code

On 4th February, 2021, Delhi Police lodged an FIR against the creator of the ‘toolkit’ which contained the steps and instructions on how to back the farmers’ protests. Though, the FIR has... Read more »

Revisiting the concept and constitutionality of plea bargaining

Section 320 of code provides for compounding of certain offences, as mentioned therein, on account of compromise between the parties and is somehow similar to the concept of plea bargaining except for... Read more »

SETTLING SCORES… AMICABLY

Three words, as Black’s Law Dictionary explains, would be essential to define for they assume heightened significance during the course of the article. Incarceration- Imprisonment or even confinement in a jail or penitentiary,... Read more »

Decriminalising adultery could lead to instability in armed forces, Centre tells Supreme Court

To start with, the Centre has in a measured, commendable and calibrated move very rightly sought a clarification from the Supreme Court to the effect that the 2018 order decriminalizing adultery would... Read more »

Satish Ragde vs State of Maharashtra: Misconceived interpretation of Section 7 of the POCSO Act contrary to the legislative intent

As a matter of intellectual exercise, even before delving into the judicial exposition on the subject, it would be prudent to understand the mind of the legislature in relation to the legislative... Read more »

PROSTITUTION: LAW & ANALYSIS

The word ‘prostitution’ derives from a Latin word called prostituere means to expose publically. It basically means providing sexual favors in return of money. Like other forms of violence it is generally... Read more »

Why life imprisonment must be abolished

“Supreme Court has said that life imprisonment meant behind bars for life. It is worse than death to keep a person confined for his entire life in jail rather than taking his... Read more »

Circumstantial evidence: A Herculean task for prosecution

All the circumstances pressed by prosecution must be fully established and all the facts so established must be congruent and consistent with the hypothesis regarding guilt of the accused. These circumstances should... Read more »

Indigeneity, land ontologies and ‘development’

It makes little sense to address deep-seated issues of coloniality with a Band-Aid when perhaps a ‘hit reset’ option is the better approach. Unfortunately, there is a long way to go in... Read more »
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