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Category: Criminal Law

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Why Shashi Tharoor’s private member Bill demanding criminalisation of marital rape is a step in the right direction

RECENTLY, Dr Shashi Tharoor — a senior Congress leader and the Member of Parliament from Thiruvananthapuram — introduced a private member’s Bill No. 255/2018 titled ‘The Women’s Sexual, Reproductive and Menstrual Rights Bill, 2018’ in the Lok Sabha to amend certain legal provisions with the object to “emphasise on the agency of a woman in…
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Why the mass acquittal in Sohrabuddin Sheikh case is about grave systemic injustice

It has been 13 years since Sohrabuddin Anwarhussain Sheikh died. He was killed in an “encounter” with the Gujarat police, which is widely believed to be a case of “fake encounter”. He died on November 26, 2005 and since then his brother Rubabuddin has fought for justice. Rubabuddin filed a writ petition in the Supreme…
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THE LEAFLET DEBATE: Is MHA order a ‘licence to snoop’?

A look at social media trends and hashtags suggests that an Orwellian state or a police state has been unleashed by Ministry of Home Affairs (MHA). The Leaflet published a legal analytical piece ringing alarm bells. This current piece is an endeavour to examine the MHA Order dated December 20, 2018 solely from the point…
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The curious case of a cryptic notification: MHA’s mass snoop diktat is not only unconstitutional, but contrary to IT Safeguard Rules, 2009

On December 20, 2018 the Central Government through the Ministry of Home Affairs brought out a notification in exercise of its powers under Section 69(2) and Section 87(2)(y) of the Information Technology Act, 2000 read with Rule 4 of the Information Technology (Procedure and Safeguards for Interception, Monitoring, and Decryption of Information) Rules 2009 —…
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Understanding Criminal Law | Part 2: What constitutes ‘fair investigation’

As we discussed in the first column, to understand criminal law, we have to take into account the Indian Evidence Act as well as the Constitution. For the concept of “fair investigation”, we have to catch hold of the dual-stringed fundamental right of the complainant as well as of the accused persons, under Articles 20…
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Gujarat fake encounters case: Supreme Court says Justice H S Bedi (Retd)’s report not to be shared with petitioners until further order

A three-judge bench comprising Chief Justice Ranjan Gogoi, Justices S K Kaul and K M Joseph said that the report dated January 26, 2018 submitted by Justice H S Bedi (Retd.) shall not be furnished to petitioners until further order in the Gujarat fake encounters case. The Special Task Force, under the supervision of Justice…
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FIRs in cases of rape cannot be put in public domain to avoid disclosing the victim’s identity: Supreme Court issues fresh guidelines

A two-judge bench comprising of Justices Madan B Lokur and Deepak Gupta, in the matter of Nipun Saxena v. Union of India laid down guidelines regarding the disclosure of a victim’s identity in cases of sexual harassment. In the judgment, the bench acknowledged the social stigma associated with a victim who is often question as…
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