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Criminal Process & Procedure - Page 4

Articles

Asking the Jurisdiction Question: Inter-State Arrests and Criminal Process Protections

Legal anthropologists Shrimoyee Ghosh and Haley Duschinski argue that Kashmir’s “permanent emergency” is sustained through a system of “indefinite incarceration” materialised through

January 18, 2023
Articles

Back on Death Row: Anokhilal’s Experience with a Broken Justice System

Six years after being on death row a POCSO Special Court re-sentenced the accused to death in August 2022 in Anokhilal v.

December 6, 2022
Articles

Pulled in All Directions: Death Penalty Jurisprudence in the Last Year

A lack of clarity and unguided judicial discretion have led to the current pattern of sentencing failures in death penalty cases in

November 7, 2022
Articles

Standalone mental facts and disclosures under Section 27 of the Evidence Act, 1872

The SC does not allow standalone mental facts to trigger the exception under Section 27, but does not clearly explain why. This

September 23, 2022
Articles

Right to Remain Silent: Implications for Section 313 CrPC

The right to presumed innocence has not been given the status of a fundamental right in the Indian legal system. Yet, its

September 15, 2022
Articles

Vijay Madanlal Choudhary v. Union of India: An Opportunity Lost to Identify “Police Officers” 

One of the issues raised before the Court by the Petitioners was that the officers of the Enforcement Directorate [“ED”] were “police

September 7, 2022
Articles

ADM Jabalpur Is Dead – Long Live ADM Jabalpur

The judgement in Vijay Madanlal Choudhary v. Union of India has created a situation where the State can arrest anyone without telling

August 4, 2022
Articles

Judgment Summary [Challenge to the Prevention of Money Laundering Act]

On 27 July 2022, the Supreme Court of India in Vijay Madanal Choudhary v Union of India, upheld the validity of various

July 29, 2022
Articles

Money Laundering: Exceptional Procedure for an Unexceptional Offence

This justification when viewed with reference to the definition of money laundering and wide list of predicate offences in the Act is

July 27, 2022
Articles

An Analysis Of The Criminal Procedure (Identification) Bill, 2022

On March 28, 2022, the Lok Sabha voted for introducing the Criminal Procedure (Identification) Bill, 2022 (‘the Bill’). The Bill seeks to

April 1, 2022
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