Autopsy Of Truth: How Neutral Doctors Perform Postmortem On A Living Child's Testimony

In the prosecutions under the Protection of Children from Sexual Offences Act, 2012, the testimony of the child victim constitutes the primary evidence, while medical evidence is intended to play a corroborative role. Section 29 of the Act further strengthens this position by introducing a statutory presumption against the accused once foundational facts are proved.Despite this legal framework, trial courts repeatedly witness prosecutions falter, not because of the child's testimony becoming...

Section 36 After 2015 Amendment: Security As Price Of A Stay

It has been a decade since the Arbitration and Conciliation (Amendment) Act, 2015 (2015 Amendment) came into force and fundamentally altered arbitration in India. One of the most important changes the 2015 amendment brought in was the insertion of a new section 36, which removed automatic stays of awards upon the filing of a challenge under Section 34.Post the 2015 amendment, unconditional...

How 2025 Reshaped Boundaries Of Resolution Estate Under Insolvency And Bankruptcy Code 2016

November 2025, brought with it major advancements into the debt restructuring ecosystem of India that reshape the contours of India's resolution estate under the Insolvency and Bankruptcy Code, 2016 ('the Code')[1].First is the circular dated 4th November 2025 ('the Circular') issued by the Insolvency and Bankruptcy Board of India ('IBBI') which permits insolvency professionals to...

Cross-Examination of All Witnesses In One Go

During the course of the trial, a tendency frequently arises where the defence insists on the production of all the prosecution or plaintiff witnesses at the same time. The Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Sakshya Adhiniyam (BSA), the Code of Civil Procedure (CPC), and the relevant Rules of Practice outline the general framework governing the order of evidence...

India's Unfinished Reform: When The Shield Of Impeachment Becomes A Weapon

The Swaminathan motion exposes a vacuum: the old shield is brittle, and the new armour was never worn.

Understanding The Interplay Between Order XXI Rule 66(2) And Rule 90 CPC: SC Clarifies Limits Of Post-Sale Challenges

Execution proceedings under the Code of Civil Procedure, 1908 (CPC) often give rise to more litigation than the suit itself. One recurring dispute concern as to when a judgment-debtor may challenge an auction sale and what grounds may be raised. The Supreme Court's recent judgment in G.R. Selvaraj (Dead), through LRs. versus K.J. Prakash Kumar and others, has finally clarified the...

Capital Conundrum: Threading The Needle Between Governance And History

In the arcane world of Indian parliamentary procedure, it is rare for a mere listing in a legislative bulletin to trigger uproar in a state. Yet, that is precisely what happened recently. The inclusion of the Constitution (131st Amendment) Bill, 2025 in the tentative list for the Winter Session, aimed at bringing the Union Territory of Chandigarh under Article 240, set off a political...

Impeachment Motion And Judicial Independence

The recent move to present a motion before the Speaker of the Lok Sabha seeking the impeachment of Justice G.R. Swaminathan for his judgment in the Tirupparankundram Deepam case marks a disturbing moment in India's constitutional life. What was once an extraordinary remedy reserved for proven misbehaviour or incapacity is being invoked as a rhetorical and political tool to signal disapproval of a judicial outcome. Such a development raises troubling questions about the future of judicial...

'A Law That Doesn't Know What Law Is': The Conceptual Collapse of Juvenile Justice Act, 2015

The Juvenile Justice Act, 2015 is not simply a diluted criminal statute- it is a confused one. It does not know whether the child in conflict with law (CICL) is an accused or a beneficiary, a deviant or a victim. It borrows the architecture of adult criminal trials like inquiries, evidence, bail, and remand, yet insists it is not prosecution. It renames punishment as rehabilitation, jails as homes, and accused and guilt, both as conflict. But beneath the changed language, the procedure remains...

Acquittal In A High-Profile Case And Structural Crisis Of Criminal Justice Delivery

The recent acquittal of Malayalam film actor Dileep in the much-publicised abduction and sexual assault conspiracy case has once again placed India's criminal justice system under sharp public and legal scrutiny. Even before the detailed judgment has been uploaded and examined, public reactions across Kerala and beyond have been deeply polarised. While one section views the verdict as a complete vindication of the accused, another believes that justice has failed the survivor. This sharp divide...

India's Constitution: Present Tense, Future Tenser

Can the President acting on behalf of the Government seek to undo a judgment or a binding precedent of the Supreme Court by invoking the advisory jurisdiction of the Supreme Court under Article 143 of the Constitution?Can the Supreme Court under the guise of expressing its view of the law in a “functional reference”, cripple the essential functions and functioning of the elected legislature under the Constitution?Can the Supreme Court selectively re-write the Constitution while rendering its...

War Against Psychotropic Drugs – India's Policy Conundrums

Saddled with two of the World's largest cartels of illicit opium production, the Golden Crescent in North-West and the Golden Triangle in the North-East, with approximately four million psychotropic drug users[1], India's legal system faces a Herculean task.India's commitment on prohibition of intoxicating drinks & drugs is enshrined in Article 47 of the Constitution, mandating the State to endeavour “… to bring about prohibition of the consumption except for medicinal purposes of...