BNSS – A Case Of Missed Opportunity

The recently tabled Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which aims to replace Code Criminal Procedure, 1973 (Cr.P.C.) misses out a great opportunity to reform our criminal procedure system. This article discusses two significant issues from a common man’s perspective: (a) registration of FIR/Complaint leading to initiation of the investigation; and (b) Bail. Registration of FIR/Complaint: Section 154 (1) read with Section 156 (1) of the Cr.P.C. cast a positive...

Electronic Evidence In The Bharatiya Sakshya Bill, 2023 – Regressive Or Progressive?

As the world started communicating electronically by way of emails and text messages, mutual obligations crystalized without putting pen to paper, admissibility of electronic evidence was introduced by way of Section 65A and 65 B in the Indian Evidence Act, 1872 (IEA) in the year 2000. Section 65 B of IEA: The interpretation of Section 65 B of IEA has resulted in several interesting decisions. In State (NCT of Delhi) vs. Navjot Sandhu alias Afsan Guru (2005) 11 SCC 600, the Supreme...

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

C O N T E N T SSl. No:I N N E R T I T L E SPARANO.ATHE IMPELLING PROVOCATION FOR THIS ARTICLE. 1BWRONG VERDICTS AT THE TOP MAY BREED MYRIADS OF ILLEGALITIES AT THE BOTTOM.2CPERNICIOUS TREND OF CONFLICTING VERDICTS FROM THE APEX COURT, DESPITE ALL TECHNOLOGICAL FACILITIES. The functional privileges at the disposal of the Judges. The reference order of Justice M. P. Menon when confronted with conflicting verdicts.334DCHIEF JUSTICE IS NO MORE “THE FIRST AMONG EQUALS” BUT HAS HEAVIER...

Leniency Plus: Excessive Generosity Or A Shiny Armor In The Indian Leniency Regime?

In a bid to aid the Competition Commission of India’s (“CCI”) cartel enforcement efforts, the Competition (Amendment) Act 2023 (“Amendment”) has introduced the ‘leniency plus’ tool in India.[1] Leniency means discounts on fines for disclosing an anticompetitive cartel. Leniency plus means firms coming forward to reveal one cartel can get additional discounts if they reveal another undisclosed cartel. Leniency plus thus can waive the entire penalty in the second cartel and grant a discount...

Are Deep Fakes Digital Chameleons?

In an era dominated by artificial intelligence (AI), a new breed of mischief has emerged - deepfakes. These cunning concoctions, born from the marriage of “deep learning” and “fake,” are causing quite a stir. They have become a riddle wrapped in a puzzle, challenging our perception of reality and posing a profound question: How do we grapple with this digital deception that threatens the very bedrock of truth and authenticity? Let us explore some examples to gain a better understanding of...

CCI Can Scrutinise PSUs: A Stepping Stone Towards Competitive Neutrality

Recent decision in the case Coal India Limited(“CIL”) v. Competition Commission of India (“CCI”) by the Supreme Court of India (“SC”) has revived the discussion around the principle of Competitive Neutrality in the Indian market. A full bench of SC settled the ongoing tussle between CCI and CIL over the reconciliation of Coal Mines(Nationalisation) Act, 1973 (“Nationalisation Act”) with the Competition Act, 2002 (“Competition Act''). The SC recently ruled that State Owned Enterprises (“SOE”)...

Is Section 17 Of The Senior Citizens Act Void?

Legal aid is everyone’s right for securing justice. On the authority of Article 39-A of the Constitution of India, the State shall secure that the operation of the legal system promotes justice based on equal opportunity and shall in particular provide free legal aid by suitable legislation or schemes or in any other way to ensure that opportunities for securing justice are not denied to any citizen because of economic or other disabilities. Articles 14 and 22 (1) of the Constitution also...

Search And Seizure – The Best Practices

Search and seizure are an important tool in the hands of law enforcement agencies (LEA) to properly investigate a case. The power to search and seize can be exercised by the police either suo moto under section 165 of Code of Criminal Procedure, 1973 (hereinafter referred as CrPC) or under a warrant issued by the court under section 93 CrPC. While the law authorizes the police to conduct searches under their authority under section 165 CrPC, the police officer has to show that the...

The Election Commission Bill, 2023: The Way Far Away From Independence

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 (the Bill) was introduced unexpectedly in Rajya Sabha in the last days of the monsoon session of the Parliament. From the Statement of Objects and Reasons of the Bill, it can be understood that the Bill aimed to replace the selection committee for the appointment of Chief Election Commissioner (CEC) and Election Commissioners (ECs) temporarily constituted by...

Sequestering Digital Autonomy: How New Data Protection Act Affects Digital Accessibility

The much-awaited Digital Personal Data Protection Act, 2023 (DPDP Act, 2023) is reflective of the indispensable mechanism required to ensure the digital autonomy of the users at a time when India becomes the second country with the highest number of internet users (692 million). However, whether digital autonomy is available to everyone equally is the question to reckon with. Digital accessibility has become one of the primal issues while discussing the digital autonomy of the...

Impleadment Of Unnecessary Parties In Consumer Disputes: Akin To The Principles Of CPC?

Consumer disputes are an inherent part of the modern marketplace, and as e-commerce has grown in popularity, they have become even more common. The Consumer Protection Act, 2019 a social welfare legislation in India, deals with protecting consumer rights. The objective of the Act is to protect the interests of the consumers and for timely settlement of disputes so as to safeguard the rights of consumers, such as the right to be protected from the marketing of goods, the right to ...

Pornography v. Mother’s Cooking: A Rather Forced Match

Kerala High Court, in a judgment delivered on Teachers’ Day, on 5th September, while deciding the legal question of whether a person watching a pornographic video in his private time constitutes an offence, launched into a lecture on good parenting in the following words:“9. But before parting with this case, I must remind the parents of minor children in our country. Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all...