Punished Without Certainty? Why Section 10 of BNS Deserves Judicial Review

The Bharatiya Nyaya Sanhita (BNS), 2023, was introduced to replace the colonial-era Indian Penal Code (IPC). While the legislative intent was to modernise India's criminal legal framework, some provisions in the BNS have sparked legal and constitutional debate. One such provision is Section 10[1], which reads as follows:"In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is...

Rhyme And Reason Of 'One Nation, One Election': A Constitutional Inquiry

Over the past few months, the idea of 'One Nation One Election'(ONOE) which means the simultaneous elections of Lok Sabha and the State Legislative Assemblies on the same date has drawn widespread attention. The 129th Constitutional Amendment Bill, introduced in 2024, aims to lay the foundation stone for implementing simultaneous elections across India. On the face of the proposal, it looks cost effective, administratively efficient and fancy as one can vote for the House of People and State...

Handcuffing And Leg Shackling Of US Deportees: Legal Perspective

A series of migrant flights carrying hundreds of illegal Indian migrants from the US landed in Amritsar this year. This involved a group of Indian citizens being deported from the US. This began on February 5, when around 104 Indian illegal immigrants were deported to India from a U.S. military plane, and then the process continued to deport more than 300 Indians via a series of flights. The arrival of deportees attracted the most attention and condemnation as they were restrained with...

Judicial Deadlock: Inseverable Liabilities And Order XXII's Ambiguities

The death of any party during the pendency of a civil suit signifies a crucial procedural juncture—one that may either preserve the cause of action or result in the suit abating entirely. Abatement denotes the cessation of legal proceedings on the death of a party to a suit wherein the right to sue does not survive or the legal representative is not substituted within the limitation period. This procedural lapse can effectively nullify the suit, irrespective of its merits, making compliance with...

Psychology Of Breach: How Misreading Liquidated Damages Skews Contractual Behavior

Law is more than just a method of resolving conflicts. It influences the behavior of individuals and institutions as a precondition for those conflicts. The interpretation of a legal provision turns out to be as important as the law itself. This is evident from Section 74 of the Indian Contract Act, 1872, which deals with liquidated damages (“LD”). LD clauses are intended to provide a straightforward means of obtaining a reasonable and predetermined sum in the event that one party breaches....

Internships In Indian Legal Education: Real Learning Or Resume Tick?

In India, the Bar Council of India (BCI) makes the mandatory provision of internships for obtaining a law degree in India. The main aim of introducing mandatory internships is to provide law students with exposure to fieldwork in courtrooms, NGOs, Law firms, and various aspects of law practice, which helps students choose their career path and enhances their knowledge beyond the classroom, bringing it into the real-world practical knowledge. But nowadays, this question comes- Are internships...

Presidential References In India: A Rich Past, A Fraught Present

Are Presidential References the Constitution's Compass or the Government's Shortcut?Imagine: A law is passed by both Houses of a State Legislature. The elected representatives have done their job. But then the Governor refuses to act on the bill, neither giving assent nor rejecting it, leaving it pending for months, maybe even years. This delays the entire legislative process and causes frustration. Public anger grows, and the media begins to raise questions. Then, instead of directly addressing...

From Conflict To Compensation: India's Strategic Path To Ensuring Pakistan's Accountability Through An International Claims Commission

Receiving adequate compensation for victims of cross-border terrorism in India should be on the agenda.India's push to add Pakistan back on the FATF 'grey list' is aimed at ensuring economic repercussions. A case for establishing an international compensation mechanism, based on the 'due diligence' obligation under international law, further enhances that strategy. Holding Pakistan accountable for cross-border terrorism appears to be challenging through international adjudication.After the...

'Well-Known' To Consumers, Not So 'Well-Known' To Law

Hon'ble Bombay High Court's recent decision in TikTok Ltd. v. Registrar of Trade Marks raises a very fundamental question — can a registered trademark be denied 'well-known' status solely citing the policy decision of government to ban the service/website associated with such trademark?TikTok, through its constituted attorney, filed an application seeking inclusion of its registered trademark in the list of well-known trademarks under Rule 124 of the Trade Marks Rules, 2017. This application was...

Changing Judicial Climate Around Section 498A IPC And Sections 3 & 4 Of Dowry Prohibition Act

Section 498A of the Indian Penal Code[1] and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (DPA), were enacted were introduced to combat systemic exploitation and violence against women in marital homes.[2] Alarming figures - surge from approximately 400 dowry deaths annually in the early 1980s to nearly 5,800 annually by the mid-1990s - prompted these stringent measures.[3] However, recent years have seen mounting judicial and societal scrutiny due to alleged misuse of these provisions....

Should A Woman Be Granted Bail Solely Based On Her Gender?

The basis of Criminal jurisprudence assumes that every accused is innocent until proven guilty. It is indisputable fact that criminal trail goes for long and to balance the personal liberty of accused and interest of society bail is granted.Grant of bail in respect of non-bailable offenses lies within the discretion of the court. One of the key provisions guiding this discretion is Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or the erstwhile Section 437 of the Code of...

Do We Need a Right Against Automated Justice? Making the Case for Human Oversight in the Age of Legal AI

The pace at which artificial intelligence is entering our legal systems is both astonishing and transformative. What was once considered speculative; AI performing legal research, generating draft orders, predicting outcomes based on prior case data is now becoming routine in pilot projects, research prototypes, and even commercial tools. From automated document review and triage mechanisms to more advanced systems capable of assisting with sentencing recommendations or calculating compensation...