Role of Spot map in criminal trials

By Madhav Lahoti* Introduction In India, according to List II, Seventh Schedule of the Constitution of India, 1950 ‘Police’ and ‘Public order’ fall under State List meaning thereby that the State has the power and primary responsibility to legislate for the purpose of detection, investigation, and prevention of crimes. There are various methods used by …

Not going legally blind in the case of Sushant Singh Rajput

By Kshitij Goyal*   Introduction Ever since the actor Sushant Singh Rajput was found dead on June 14, 2020, at his Bandra residence, there have been a lot of self-appointed judicial officers making regular appearances in the media trial of already guilty unless declared innocent Mrs Rhea Chakraborty, an accused and demanding how the jurisdictional …

Colonial Policing in Modern India

By Arushi Dokania*   Introduction  India still runs a system of the pre-independence style of policing based on the Police Act, 1861, where the police are controlled by the government to fulfil its oppressive desires.[i] The government has failed miserably to address the question of what ails the Indian police. The current Indian police stations …

Section 228A IPC And The Victims Of Deliberate Ignorance

By Shivam Kunal* The legal framework of our country is a pot of glorious uncertainties; the cognitive independence granted to the judges often leads to distinct interpretations of the law, and there persists no uniformity or standard yardstick for arriving at conclusions. Section 228A of the Indian Penal Code (hereinafter referred to as "IPC") places …

FROM THE GAVEL TO THE CLICK: DISPUTE RESOLUTION IN POST COVID-19 ERA

By Antariksh Anant*   The novel coronavirus, which broke out in 2020 in the Wuhan province of China has, in some way or the other, affected individuals almost across every horizon. The total number of cases reported has crossed the 10 million mark globally within six months of the spread of the virus. The pandemic …

THE SHADOW PANDEMIC: A CRITICAL ANALYSIS OF DOMESTIC VIOLENCE AMIDST LOCKDOWN

By AKSHAT AGRAWAL & ISHANIKA DAS* The trauma of domestic violence can be felt when we say that “as a victim of it, one lives in a constant state of alertness & anticipation in one’s own house waiting for the next attack to occur.” This is not an act which is just confined to a …

MUTUAL CONSENT VIS-Â-VIS ARBITRATION IN INDIA

By Srishti Nigam & Snehil Ajmera* “Discourage Litigation. Persuade your neighbours to compromise wherever you can. Point out to them how a nominal winner is often a loser in fees, expenses, and waste of time.” -Abraham Lincoln Introduction The heavy burden of the new, as well as the pending cases on the courts, has resulted …

The legitimacy of the ‘Aarogya Setu App’: An analysis of how an ungoverned application may breach our privacy

By Disha Mohanty & Satvik Mishra* Introduction As the country struggles to deal with the pandemic, the greater responsibility falls on the government to bring forward measures to effectively “flatten the curve” of the country. The use of technology in these situations is recommended and this strategy has been successful in many countries; however, what …

Constitutional Validity of Section 3 (2) (b) of the Medical Termination of Pregnancy Act, 1971: In the light of the Doctrine of Severability

By Sherry Shukla & Arpit Lahoti* Introduction Medical termination of Pregnancy Act, 1971 (the “Act”) was enacted to provide for the termination of certain pregnancies by registered medical practitioners and matters related in addition to that or accompanying that. Section 3 of the  Act provides for the instances where a medical practitioner can terminate the …

Right to trade in liquor- A fundamental right under the Indian Constitution?

The Supreme Court has time and again held that it is the doctrine of res extra commercium[1]which ensures that one cannot claim a fundamental right to trade in liquor and other related goods. In this write-up, we will try to understand what this doctrine is about and show how it is being misapplied by the …