-By Jai Babaria While India is deemed to be a secular country, religion has always divided us. There is a constant tussle between various religious groups, be it explicit or [...]
Author: ILS
Preventive Detention: Anarchical LawPreventive Detention: Anarchical Law
-By Kumar Kartikeya and Avinash Kumar Yadav Preventive detention implies holding an individual in custody of the police based only on suspicion that they may commit some wrongful cognizable act [...]
Redefining the scope of Exculpatory Material at the Stage of BailRedefining the scope of Exculpatory Material at the Stage of Bail
-By Dev Bansal Introduction Recently, in Prashant Dagajirao Patil v. Vaibhav @ Sonu Pawar and Anr. Etc. (“Patil”), Hon’ble Supreme Court (“SC”) has observed that the High Court (“HC”) cannot [...]
POCSO Or Atrocities Courts: Which Jurisdiction Is More ‘Special’?POCSO Or Atrocities Courts: Which Jurisdiction Is More ‘Special’?
-By Abhijeet Shrivastava Introduction As is well known, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (“Atrocities Act”) was enacted by the Indian Parliament in 1989 as [...]
Preservation of Evidence: Need of our Criminal Justice SystemPreservation of Evidence: Need of our Criminal Justice System
-By Mujeeb Ur Rehman “A person is innocent until proven guilty” This is one of the most sacred principles of the criminal justice system, regardless of jurisdiction of which it [...]
Sexual Assault under the POCSO Act: A Flawed Interpretative MethodologySexual Assault under the POCSO Act: A Flawed Interpretative Methodology
-By Sarthak Bhardwaj and Rupam Jha Introduction: In India, every sensitive socio-political development finds its way to the judiciary. The Supreme Court and the various high courts are constantly grappling [...]
Solitary Confinement: A Temporary Measure Causing Permanent Isolation?Solitary Confinement: A Temporary Measure Causing Permanent Isolation?
-By Aditi Behura Introduction Solitary confinement is a penal form of confinement in which a prisoner is isolated from fellow prisoners and is under rigorous surveillance. It has been established [...]
Relevancy of Medical and Forensic Evidences in Sexual Offences – An AnalysisRelevancy of Medical and Forensic Evidences in Sexual Offences – An Analysis
-By Muskan Jhunjhunwala Introduction Sexual offences, in a general sense, are a rigorous attack on the body, particularly the molestation of genitals without the sufferer’s consent. It tends to outrage [...]
A Case against Chemical Castration for Sex OffendersA Case against Chemical Castration for Sex Offenders
-By Rajashri Seal Introduction Recently, a post on the blog argued in favour of chemical castration laws by hailing chemical castration as an effective and constitutionally sound measure against curbing [...]
‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging‘Retrospective’ Victim Compensation? Evaluating The Kerala HC’s Dworkinian Judging
-By Abhijeet Shrivastava Background This post concerns Bechu Kurian Thomas, J.’s recent judgment as a part of the Kerala High Court’s (“HC”) Single Bench in District Collector v. District Legal [...]