Law


Section 377: Questionable exercise of Judicial Review Law

Delhi High Court’s ‘decriminalizing’ homosexuality has been an interesting event because the ‘relief’ that High Court granted does not really enable two consenting adults to do behind the closed doors anything that they could not do earlier. No person can be prosecuted without evidence and to gather evidence to support a charge of unnatural sex between two consenting adults, the authorities would necessarily have to...

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Terrorism: Force is no remedy, Mr. Modi Law / Politics

“They are not concerned about innocent people dying but are more concerned about innocents getting caught,” lamented Modi recently. Yes, Mr. Modi, that’s the priority and it’s certainly not misplaced. Innocents caught and punished howsoever mildly can only lead to more innocents getting killed. Perhaps, the saffron hues blind Mr. Modi to the unmistakable connection between the two. When innocents get killed, it’s sad, but...

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Gujarat Blasts: Payback Time Law / Politics

Gujarat was rattled with bomb blasts and the headlines cried murder. And then there were our very own netaswith their all too familiar rants about terrorists being a blot in the name of humanity and so on. Not to forget those sickening microphone-wielding TV journalists who walk around proclaiming in their almost-prophetic voices that no religion teaches hatred or endorses killing of the ‘innocents’. Wake...

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A NARCO STORY: Possibility of gross injustice Law

Acquittal of the guilty is certainly unjust, but conviction of an innocent is gross miscarriage of justice. A doubtful science like narco-analysis, with its status as a ‘science’, could indeed lead to such gross injustice. Here is a hypothetical case to demonstrate the point. The facts of the case are indeed fictional, but by no means fanciful. This could happen anytime, anywhere with disastrous results....

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Is Narco-Analysis A Reliable Forensic Science? Law

Using scientific evidence in a criminal trial is a serious affair because science by definition is exact, uniform and verifiable, and scientific inferences are logically unimpeachable. Therefore, scientific evidence cannot be easily brushed aside. The only way available to disregard a scientific finding or the testimony of an expert witness is to show by cogent reason that either the scientific finding in question has no...

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NARCO-ANALYSIS: Constitutionally Questionable Law

So, finally the Nithari Killings case seems to have been solved and the guilty brought to book – “thanks to the truth serum,” many of us are likely to add. Truth Serum is used to extract the truth but what is thus ‘extracted’ may not, necessarily, be the truth. But before we proceed to the efficacy and reliability of a method, the question of legality...

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The ‘Judicial Adventurism’ Judgment is Judicial Adventurism Law

Supreme Court’s ‘Judicial Adventurism’ judgment could not have come at a more inopportune moment and in no worse form than obiter dicta. At a time when the walls of Parliament are still trembling with the parliamentarians’ deafening cry for ‘judicial accountability’ and when the Indian legislature seems to be bent upon ‘reining in’ the judiciary that has been fiercely independent all these years, a two-judge...

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Beyond Reasonable Doubt Law

In an article titled Dance of the Wolves in Tehelka (weekly magazine; Vol. 5, Issue 17), the box declares: Many of the accused were given anticipatory bail even before they were arrested. The result: accused are roaming free. Well, for the sake of clarification, anticipatory bail can only, and only, be granted ‘before the arrest’. After the arrest, it’s regular bail. And ‘accused’ are ‘roaming free’...

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Jihadist Terrorism: Is Death Penalty Enough? Law

With Kasab’s judicially mandated death, if and when it takes place, we would finally have the satisfaction of having buried another drying leaf of the carnivorous forest of terrorism. Of course, none of us is naïve enough to believe that the forest would even do as much as spend a moment in silence at the burial. It’s business as usual. But the newly planted saplings...

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Matto Judgment: ‘Rarest of Rare’ on trial Law

The noose is off. Santosh Singh will live despite having raped and killed, thanks to the Supreme Court’s magnanimous approach and its merciful application of the ‘Rarest of Rare’ doctrine. Ever since the doctrine of Rarest of Rare was evolved in Bachan Singh v. State of Punjab to answer the mandate of Section 354 (3) of Cr.P.C., the question as to what constitutes ‘rarest of...

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