BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage

Before taking cognizance of an offence, on a complaint filed on or after 01.07.2024, the Magistrate shall afford the accused an opportunity of being heard. Compliance with this requirement under the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'the BNSS') is mandatory. In short, this is the substance of the decision rendered by the Supreme Court in the case of Kushal Kumar Agarwal.1 Object of the provision The first proviso to...

Depriving Women Advocates Of POSH Protection - Disturbing Judicial Interpretation

On the 7th of July, 2025, the Bombay High Court [Alok Aradhe, CJ and Sandeep V. Marne J] held that since the Bar Council of India and the Bar Council of Maharashtra and Goa cannot be said to be employers of Advocates, hence they are not required comply with the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013, in respect of Advocates. It is the opinion of this author that the judges have extracted portions of the Act for perusal and arrived at a...

Resurrecting The Repugnancy: The Kerala HC's Misreading Of Coparcenary Law

IntroductionIn a recent ruling, the Kerala High Court struck down Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act, 1975 (hereinafter, 1975 Act), on the ground that they were repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005 (hereinafter, HSA). While the judgment appears well-intentioned in its commitment to gender justice, it suffers from serious constitutional and jurisprudential legal infirmities. The Court, in effect, discovered a repugnancy where...

The Quiet Death Of Deliberation In Parliament

In a country as diverse, complex, and populous as India, passing laws is no simple task. Every new policy or amendment affects millions of lives, intersects with existing legal frameworks, and often carries deep political and social implications. Ideally, such decisions should be made with care, consultation, and detailed analysis. But in recent years, India's legislative process seems to be racing against itself. Laws are often passed within days—sometimes even hours—without meaningful debate,...

Disclosure Of Identity: A Flagrant Violation Of Right To Privacy And Dignity

In Balasore (Odisha), a 20-year-old student set herself on fire on campus after her repeated complaints of harassment were ignored. She died unheard. But in her death, her identity has surfaced across newspapers and social media, which is equally distressing if not more. The revelation of her identity has not just violated law but the last shred of dignity. However, this not a one-off incident, where the identity has been revealed. Similar instances have taken place in RG Kar case, Anna...

Denmark Cracks Down On AI Deepfakes While Meta Hands You The Tools To Make Them

Summary: Here is a gist of the article: This article explores the growing tension between regulation and innovation in the age of AI. While Denmark introduces groundbreaking legislation allowing individuals to copyright their own facial features and voice to combat deepfake misuse, Meta is simultaneously launching “AI Twin,” a tool enabling users to create digital clones of themselves. The piece examines how these opposing developments reflect deeper legal, ethical, and societal questions about...

Special Intensive Revision In Bihar: Statutory Authority, Constitutional Limits, And Policy Concerns

In June 2025, the Election Commission of India initiated a Special Intensive Revision of electoral rolls in Bihar, invoking its powers under Section 21 of the Representation of the People Act, 1950. Ostensibly aimed at refining electoral records in the wake of urban migration and duplication, this revision departs sharply from established statutory frameworks by combining concepts of “special” and “intensive” revision not contemplated in either the Act or the Registration of Electors Rules,...

The Working Of The IBC – Some Thoughts And Reflections : Justice Anand Venkatesh Writes

1. The Insolvency and Bankruptcy Code (IBC), 2016 aims at timely reorganization and resolution of corporates, firms and individuals; to maximize the assets of such debtors for the benefit of all stakeholders. It has been said that introspection is a powerful tool for self-betterment. Aristotle is believed to have said that knowing yourself is the beginning of all wisdom. There is no doubt that what is true for individuals is true for institutions which they man and run. An institution which does...

The Section 138 NI Act Jinx : Critique Of 'Celestium' Judgment Allowing Complainants To File Appeal Under S.372 CrPC

Complainants in cases under Section 138 of the Negotiable Instruments Act, 1881 are a jinxed lot. Although a quarter of a century has passed since its enactment, it passes comprehension as to how frequently the interpretation of its provisions swing like the proverbial pendulum taking with it the fate of thousands of litigants. In the recent past, one can recall the decision of the Supreme Court in Dashrath Rupsingh Rathod v. State of Maharashtra[1], which altered the very basis of the...

Contract-Abiding Credit Cards & Usurious Consumers

The Posh China Shop Of Credit CardsIn Hong Kong Shanghai Banking Corporation v Awaz[1] the Supreme Court set aside an order of the National Consumer Dispute Resolution Commission (NCDRC). In its order the NCDRC held that “charging of interest rates in excess of 30% p.a. (and above) from the credit card holders by banks for the former's failure to make full payment on the due date or paying the minimum amount due, is an unfair trade practice.” Parenthesis mine.The Court sharply criticised the...

Reconsidering Fast Track Arbitration: A Legislative Case For Amending Section 29B Of Arbitration And Conciliation Act, 1996

The Indian arbitration regime has gradually changed over the last two decades, trying to promote efficiency, prevent judicial interference, and keep up with international standards. A big step forward in this process was the introduction of Section 29B to the Arbitration and Conciliation Act, 1996 by the 2015 Amendment. It intends to institutionalize a "fast track" method for time-bound arbitration. However, a close reading of Section 29B reveals that the legislative intent was good, but the...

Are Supreme Court Internships Only For Privileged? Making Judicial Internships Inclusive In 2025

Every year, aspiring interns-for-credit from law colleges across India dream of working under at the Supreme Court of India. It's not merely about prestige. It is a great opportunity to learn from the best minds in the legal fraternity of India. But here's a bitter truth: this opportunity remains almost unattainable for many students, not on grounds of merit, but due to systemic barriers.Being a student myself now who has to navigate through the system to get that internship, I have seen a few...