High Time Supreme Court Acts To Stop 'Bulldozer Justice'

'Bulldozer justice' is a euphemism for instant retributive action against accused persons whereby their homes are demolished with much fanfare. In sensational cases where there is a lot of public outcry, authorities often resort to this 'short-cut' method to assuage public sentiments. The trend was initiated by Uttar Pradesh Chief Minister Yogi Adityanath, who is 2017 reportedly stated, “My government will bulldoze houses of anyone even thinking of perpetuating crime against women and...

The Temporal Scope Of The BNSS: A Legal Analysis Of Section 531(2)(a)

On July 1st, 2024, India witnessed a crucial transformation in its criminal justice system as the Indian Penal Code 1860, Code of Criminal Procedure 1973 (“CrPC/new Code”) and the Indian Evidence Act 1872, were repealed, giving way to three newly enacted laws, the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 (“BNSS”) and the Bharatiya Sakshya Adhiniyam 2023. Proponents of this legislative overhaul regard it to be a watershed moment – a deliberate effort to...

7th Anniversary Of Puttaswamy Judgment : Analysing Impact Of Privacy Right Declaration

Seven years ago, on 24th August 2017, 9 judges of the Supreme Court of India declared that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and is a part of the freedoms guaranteed by Part III of the Constitution. The genesis of the above declaration was a batch of writ petitions filed in 2012 in the Supreme Court challenging the constitutional validity of the UID (Aadhaar) Project and the January 2009 notification of the central...

Economic Reservation In India: Sub Classification Of SC ST

Scheduled Castes (SCs) and Scheduled Tribes (STs) in India represent some of the most socio-economically disadvantaged groups, as recognized under the Constitution to facilitate equality initiatives. Historically, these groups have faced systemic barriers to equal opportunities in education and employment, often due to their perceived social inferiority. To mitigate these disparities, certain states, like Punjab, have sought to extend additional protections to the most marginalized...

From The Courtroom To The Classroom: Lessons For The Lawyers Of Tomorrow From The Life And Work Of M.K.Nambyar

In the history of legal profession, certain figures emerge as key guides, influencing progress with their profound wisdom and unparalleled efforts. Among such figures, Mr. M.K. Nambyar stands not just as a notable name but as an enduring source of inspiration for future lawyers. It's essential for young legal minds and law students today to explore the teachings and views of Mr. M.K. Nambyar. Though the law is complex, its foundational principles remain surprisingly straightforward—a paradox...

Blockchain Empowered Online Dispute Resolution: A Decentralized Approach To Enhancing Trust And Efficiency

With the emergence and assimilation of AI, multiple industries are going through a paradigm shift. This wave of AI has impacted the legal sector too, which till now relied on human judgement and interpretation. Today, blockchain is recognized as a turning point in the history of technology, having been first introduced by Satoshi Nakamoto in 2008. Further, as it was made popular by cryptocurrencies such as bitcoin, it garnered interest of the corporate world and dispute resolution...

The Doctrine Of Judicial Comity In India: Challenges And The Need For A Consistent Approach

The doctrine of judicial comity frequently appears in legal discourse, particularly in cases involving cross-border disputes. Recently, the Delhi High Court invoked this principle in the case of TWC Aviation Capital Limited v. SpiceJet Limited (2024 LiveLaw (Del) 605), where the court upheld the enforceability of orders passed by a UK court in Indian proceedings, citing judicial comity. This principle, which is partially codified in Sections 13 and 14 of the Civil Procedure Code (CPC),...

Safe Harbour Exemptions Available To Intermediaries: Exception Or Norm Under Digital India Act?

With around 800 million active internet users, the number of internet users has increased by leaps and bounds in India compared to 5.5. million users in the year 2000. The year 2000, was a revolutionary year of the internet in India not only because it saw the advent of cable internet and launch of sites like Yahoo, and eBay but also because of enactment of the InformationTechnology Act, 2000 (“IT Act”). The IT Act was enacted keeping in view the country's digital landscape and technologies...

“Accustomed To Act” Test Under Indian Corporate Law – An Objective Critique Of The Inherent Subjectivity

Objectivity is a key attribute of any legislation. The element of objectivity is critical to ensure clarity in a way that there is little or no room for more than one interpretation. That said, history is witness to a plethora of cases of ambiguities in interpretation or legal “grey areas” which have been time and again evaluated and somewhat settled by judicial intervention. The interplay of subjectivity and objectivity in any statute lies at the core of such statute. While objectivity...

'What Is The Main Purpose Of Section 27 Of The Evidence Act? '

There is a popular misconception that the purpose of Section 27 of the Indian Evidence Act, 1872, is to lift the ban on “confession” made to a Police Officer as imposed by Sections 25 and 26 of the Evidence Act. It is not so. The essential purpose of Section 27 of the Evidence Act is not to render admissible a “confession” in the “disclosure statement” made by an accused to a Police Officer. Cases in which a “confession” in the “disclosure statement” becomes admissible under Section 27 of the...

Understanding SLAPP Suits Through The Lens Of Netflix Movie “Maharaj”

Currently featuring in the Top 10 on the Netflix charts, “Maharaj” is a courtroom drama based on the real-life Maharaj Libel Case. Set in 1862, it follows the life of a social reformer and journalist, Karsandas Mooljee who exposes the reality of a self-styled godman Jadunath Maharaj, also known as JJ. Ironically, the movie, which advocates for freedom of expression, was mired in controversy and faced a petition to halt its release for allegedly hurting religious sentiments. Fortunately,...

Assessing The Reliability & Admissibility Of AI Expert Opinion Report

The integration of artificial intelligence (AI) in the workings of various professions continues to yeild efficiency. However, the applicability of AI systems in the legal domain remains debated. One such debated aspect is around the admissibility of expert opinion report by AI. Under the Indian Evidence Act, 1872, the courts rely on opinion of the experts for issues concerning fields of science, art, and others in which the court does not have expertise. An expert, who gives his informed...