Money Laundering : A Process Or A Punishment

Money laundering is something as engaging “proceeds of crime” in any matter projecting as untainted money. It's pandemonium; concealing a transaction a sham transaction to put together a legitimate coffer. The act catches money laundering. Thus, money laundering is “parasitic” and hence cannot arise if there is no scheduled offense and/or if there are no proceeds of crime. He added that it is only when proceeds of crime are sought to be projected as clean money, the separate offense of...

Reshaping The Canvas: The Thaler Echo

In a recent legal development, the United States District Court for the District of Columbia adjudicated upon a pressing question at the crossroads of Artificial Intelligence (“AI”) innovation and Copyright Law. The case, Stephen Thaler v. Shira Perlmutter, Register of Copyrights and Director of the United States Copyright Office, et al.[1] (“Thaler”), has gained additional significance due to its occurrence amidst an ongoing strike by Hollywood workers, bringing to the forefront not only...

Bhartiya Nagrik Suraksha Sanhita: Worse Than The British

While tabling The Bhartiya Nagrik Suraksha Sanhita, 2023 as a replacement for the Code of Criminal Procedure, 1973, the Home Minister announced that the new law governing procedure in the criminal justice system would get rid of a backward colonial legacy and bring an Indianised law more appropriate for modern India. Even a casual comparison of the old and the new however would show first, that the Criminal Code as existing pre- independence and even after its adoption by Parliament...

With Several Delhi Riots Cases Collapsing In Courts, Delhi Police Must Face Questions On Accountability

"When history will look back at the worst communal riots since partition in Delhi, it is the failure of investigating agency to conduct proper investigation by using latest scientific methods, will surely torment the sentinels of democracy," a Delhi Court observed in September 2021.Three years on, courts in the national capital have continuously passed strictures against the Delhi Police highlighting the loopholes in investigations and fabrication of evidences in the FIRs registered in 2020...

LGBTQIA+ Rights In India: Struggles, Progress, And The Road Ahead

Article 15 of the Indian Constitution stands as a beacon of hope, vowing equality and protection against discrimination on diverse grounds, including sex. Unfortunately, the LGBTQIA community in India has grappled with substantial hurdles in rephrasing this indigenous pledge into reality. This article embarks on a journey through time, exhuming the literal acknowledgment of LGBTQIA individualities. Despite India's rich shade of gender and sexual diversity, the draconian grip of colonial- era...

A Bright Student Of HNLU Raipur Is No More

Trigger Warning – Mentions of suicide, self-harm, depression.A final year female student of HNLU, Raipur, who hails from Bihar, was found in an unconscious state in the hostel washroom by her friends on 24th August 2023 noon. She was taken to the nearby hospital immediately but was declared brought dead. The University authorities have suspended all classes till 3rd of September and have rescheduled examinations and other events in light of the unfortunate incident. Her battle with...

13 Years On, Central Information Commission Is Held Together Only By An ‘Interim’ Order

The Central Information Commission (CIC) is the apex body at the central level to ensure proper implementation of the Right to Information Act, 2005. The Delhi High Court had ruled in 2010 that its method of functioning is illegal and needs to be changed. This was stayed by the Supreme Court, and CIC’s current functioning is hanging just by this ‘interim’, unreasoned order, even 13 years later, with no final decision by the Supreme Court. Central Information Commission – How It...

Grant Of Custody Of Accused To Investigating Agency Under Section 167 Of CrPC

The criminal procedure code is principally procedural in nature laying down the procedure to be followed in criminal trials, however some of its provision contains trapping of substantive rights as well. In this context, the classic example of Section 167 Criminal Procedure Code (henceforth “CrPC”) needs special mention, which is uniquely positioned to contain hybrid structure of procedural underpinnings concerning procedure for investigation and substantive right of default bail or ...

New Criminal Reforms: Substantial Change Or Linguistic Imperialism?

On 11 August 2023, the Central government introduced three new Bills in the Lok Sabha to replace the Indian Penal Code, 1860 (“IPC”) as Bharatiya Nyaya Sanhita, 2023 (“BNS”), the Code of Criminal Procedure, 1973 (“CrPC”) as Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), and the Indian Evidence Act (“IE”) as Bharatiya Sakshya Bill, 2023 (“BSB”). This article analyses the new Criminal Bills in light of the debates surrounding Linguistic Imperialism.The new Criminal Bills have been introduced...

The Basic Structure Doctrine - An insight

On August 7, in his maiden speech while defending the Delhi Services Bill[1] in the Rajya Sabha, the former Chief Justice, and a nominated member of the Rajya Sabha, Mr. Ranjan Gogoi said that the basic structure doctrine has a ‘very debatable jurisprudential basis’.[2] Though the current Chief Justice of India (CJI) DY Chandrachud, has dismissed it as “they are just opinions and are not binding”,[3] Mr. Gogoi’s comment about an established doctrine in Constitutional jurisprudence, is...

Whether “Recovery Evidence” By Itself Is Substantive Evidence

The answer to this question can be in the “negative” in the majority of cases and “positive” in certain limited category of cases. The celebrated Pulukuri Kottaya v. Emporer AIR 1947 PC 67 (Lord Wright, Lord Simonds, Lord Uthwatt and Sir John Beaumont), itself contains the answer to this question. Supposing the accused is having in his possession or is concealing in his room an “unlicensed firearm” or some “narcotic substance”, that by itself is an offence under the relevant penal statutes....

The New Bills On Criminal Law Bring More Dissapointment Than Hope

When the constituent assembly finished drafting our Constitution, a new dawn awaited the people of India. It was a moment of proud metamorphosis that needed a realization that the words “We the people” have started to resonate with the citizens who no longer were the subjects of their colonial masters. The words in the opening quote were meant to warrant caution and were orated by K Hanumanthiah in the Constituent Assembly. He graced the assembly as one of the founding fathers and was...