Cover Stories

Breaking; Two Judge Bench (SC) Lets off Rapist with the ‘sentence already undergone’ citing a Judgment which was held as ‘no longer a precedent’ by Three Judge Bench [Read Jt]

Breaking; Two Judge Bench (SC) Lets off Rapist with the ‘sentence already undergone’ citing a Judgment which was held as ‘no longer a precedent’ by Three Judge Bench [Read Jt]

A two Judge Bench of the Supreme Court in Ravindra Vs State of MP, while upholding the conviction of an accused in a Rape Case, sentenced him to the ‘sentence already undergone’ by reducing the mandatory minimum sentence for Rape. The Bench comprising of Justices M.Y.Eqbal and Pinaki Chandra Ghosh held that a rape convict can be awarded lesser punishment if courts find "adequate and special" reasons for doing so. For invoking the proviso to S.376 IPC which states “provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years." , the Bench relied on Justice …

BREAKING: SC again violates privacy of a rape victim; mentions her name and age – ironically, voices concern over violence against women! [Read the Judgment]

BREAKING: SC again violates privacy of a rape victim; mentions her name and age – ironically, voices concern over violence against women! [Read the Judgment]

Violating the mandate against identity disclosure of a victim of rape, a 2 judge bench of Supreme Court has published not only the name of the petitioner but also her age and area to which she belongs. In a clear breach of the spirit of Sec. 228A of IPC, the judgment title mentions the full name and the very first line mentions her age and resident state. (which could have been easily avoided). Further Para 2 mentions her home district and all the places she has been are in detail in further paragraphs. The judgment also unfortunately mentions the names of 2 women who had been cautiously awarded her custody by lower courts. What the statute book says! Sec 228A was added to the statute …

National Judicial Appointments Commission is a greater disaster than Collegium system ;  In Conversation with Iqbal Chagla, Senior Advocate, Bombay High Court

National Judicial Appointments Commission is a greater disaster than Collegium system ; In Conversation with Iqbal Chagla, Senior Advocate, Bombay High Court

Mr. Iqbal M. Chagla is one of the most sought-after counsels in civil litigation and company matters and the successor to the very illustrious Lt. Justice M. C. Chagla. Recently, he completed 50 years at the Bombay Bar and has appeared in many high-profile cases as one of the most distinguished Senior Advocate of the Bombay High Court. He represented Mr. Cyril Shroff against Mr. Shardul S. Shroff, who was represented by Mr. P. Chidambaram in the well-known Amarchand Mangaldas dispute. In this conversation, he talks about his career, the life at Cambridge, experience of working under Lt. Nani Palkhivala and so on.  Live Law: Being the son of a commendable diplomat, a renowned jurist, a …

Re-writing the Concept of Burden of Proof; Supreme Court Judgment in Sher Singh @ Partapa Vs. State of Haryana requires re-consideration

Re-writing the Concept of Burden of Proof; Supreme Court Judgment in Sher Singh @ Partapa Vs. State of Haryana requires re-consideration

The golden rule that runs through the web of civilised criminal jurisprudence is that an accused is presumed to be innocent unless he is found guilty of the charged offence. Presumption of innocence is a human right as envisaged under Art.14 (2) of the International Covenant on Civil and Political Rights 1966. Art.11(1) of the Universal Declaration of Human Rights 1948 also provides that any charged with penal offences has a right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. Even before, it was part of English Common Law as observed by Viscount Sankey in Woolmington v. Director of Public …

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