A Flawed Interpretation Of Section 468 Cr.P.C. By The Apex Court In Roma Ahuja's Case And An Equally Flawed Provision In The “Explanation” To Section 514(3) BNSS

A FLAWED INTERPRETATION OF SECTION 468 Cr.P.C BY THE APEX COURT IN ROMA AHUJA'S CASE (2026 LiveLaw (SC) 351) AND AN EQUALLY FLAWED PROVISION IN THE “EXPLANATION” TO SECTION 514 (3) BNSSC O N T E N T SSl. NoI N N E R T I T L E SPARA No1Facts leading to the above verdictChronology of relevant datesExtracts from the judgment in Roma Ahuja's caseNOTES BY THE AUTHORNOTES BY THE AUTHOR123332The fallacy behind the above conclusion of the Apex Court43THE MECHANICS OF THE CURIAL ACT OF TAKING...

Revisiting Age, Consent And Criminalisation Under POCSO Act, 2012

On 10 January 2026, the Supreme Court in State of Uttar Pradesh v. Anurudh[1] urged the Union Government to consider introducing a Romeo-Juliet clause under the Protection of Children from Sexual Offences Act, 2012. The suggestion reflects a growing judicial concern that a statute enacted to protect a “child” from sexual exploitation is increasingly being invoked against adolescents involved in consensual relationships. The challenge under POCSO is not the age of consent itself, but the...

When Punjab Pays Twice: Hidden Cost Of How State Arbitrates

Picture this. A contractor files a claim of about eleven crore rupees against the Punjab government. After a long arbitration, he is awarded six and a half crore — far less than what he asked for, a result the State should be relieved by. And yet, by the time interest at eighteen per cent is added on for the years before, during, and after the proceedings, the State ends up shelling out close to twenty crore rupees. The interest alone is more than twice the principal. The taxpayer pays. Quietly....

From Meme To Movement; Constitutional Anxiety Beneath India's “Cockroach Janta Party”

Democracies often reveal their deepest institutional anxieties not during elections, but during moments of ridicule. The recent rise of the so-called “Cockroach Janta Party” (CJP) may initially appear to be another transient internet phenomenon driven by memes and satire. However, the extraordinary public resonance surrounding the movement indicates that it reflects something far more significant than digital humour. Beneath the irony lies a serious constitutional conversation concerning freedom...

Disgorgement As A Regulatory Remedy Under SEBI Act

Disgorgement is a legal remedy that helps restore fairness and prevent future wrongdoing. It requires a court or regulatory authority to force a wrongdoer to give up profits or benefits gained through misconduct. Unlike compensatory damages, which are meant to repay victims for their losses, disgorgement aims to strip offenders of their unjust profits. The main idea is that no one should benefit from illegal, fraudulent, or unethical actions.In securities regulation, especially under the system...

After Article 370: Has Justice Reached Kashmir's Forgotten Detainees?

Ever since Article 370 was removed in 2019, the phrase “new Kashmir” has been repeated again and again. News channels spoke about development, integration, investment, tourism, and peace. Slowly, Kashmir started being shown more through beautiful tourist spots, hotels, tulip gardens, and growing business opportunities. Anyone looking from outside would think that Kashmir has finally moved ahead from its painful past and entered a completely peaceful and developed phase.But as someone coming from...

Harshit Sharma Case ; Paradox Of Colonial Honors In Democratic India

The Allahabad High Court judgment in Harshit Sharma v. State of U.P (Criminal Miscellaneous Writ Petition No. 4982 of 2026) that the honorific 'Hon'ble' is a legal requirement when it comes to referring to constitutional functionaries such as MPs, judges, and ministers in FIRs raises extremely serious constitutional issues as it justifies this requirement on the basis of protecting the dignity of constitutional offices. However, this challenges some of the core commitments of the...

Parental Alienation : Silent Struggles

A matrimonial relationship is nurtured through love, care and understanding. However, when this relationship turns bitter, the entire equation changes which affects not only the couple but also their families that leaves a trail of misunderstandings leading ultimately to distraught court battles and shattered emotions. The complication further arises when there is a child in between and then begins the complex battle of custody with high conflict dramas, with both parents amplifying even the...

India Needs An Anti-Sanctions Law, And It Needs One Now

The growing use of extraterritorial sanctions is challenging India's contractual sovereignty and strategic autonomy. According to a recent report, 'India is looking to enact an EU-like anti-sanctions law'[1], a blocking statute. The Indian government's deliberations on the anti-sanctions statute were prompted by Microsoft's unilateral suspension of Nayara's IT services last July. Though the suspension was short-lived, it raised a loud alarm bell for the Indian government. Microsoft's restoration...

Bombay High Court At Goa Addresses Challenges To Goa's Planning Regime

Goa has long been a ground for the tension between developmental needs and environmental concerns. On one hand, its coastline is commercially lucrative; and on the other, 54.06% of its land area fall under ECO I Zone, regions of such ecological importance that no development is permitted, with a further 26.29% designated as ECO II Zones where only minor interventions are allowed.1 In between these extremes is a planning framework that has struggled to balance competing stakes for decades. It is...

Technical Members In Judicial Robes: Dress Code Controversy In NCLT

It is observed that the Hon'ble Judicial Members and Technical Members of the NCLT wear identical dress codes. Ideally, the dress code for Judicial and Technical Members should be distinct. However, at the NCLT, the dress code for Judicial and Technical Members is identical, showing no difference. Technical Members wear attire similar to Judges, including robes and neckbands, despite this being legally impermissible. The dress code is highly significant as it often reflects a person's...

A Question Returns To Three Judges

In November 1941, in the second year of World war-II, the House of Lords decided a case about a man called Robert Liversidge. He had been locked up by the Home Secretary, Sir John Anderson, under a wartime regulation that allowed detention if the Secretary had “reasonable cause to believe” the detainee was of hostile association. Liversidge asked a simple question. What were the reasons? The Home Secretary declined to say. The Lords, four to one, held that he need not. Reasonable cause, in...