Victim Compensation: From Figurative Justice to a Robust Support Mechanism

The article examines challenges encountered by victims in submitting compensation claims and proposes ways to improve the existing system.

Do Magistrates have Power to Extend Time for Detention & Investigation of UAPA Offences u/ Sec 167, CrPC?

Recently, the Supreme Court has affirmed that a Magistrate cannot grant extensions to investigation agencies for the purpose of carrying out investigations under Sec167, CrPC when the accused is charged under the UAPA. This decision was made by relying on the case of Bikramjit Singh v State of Punjab. This post seeks to enquire into the law on this point by adverting to a textual analysis of relevant provisions and discussing the said case law.

Power u/ Sec 319 CrPC | Manjeet Singh v. State of Haryana – Comment

The power under Section 319 CrPC cannot be exercised in a casual manner. It is invoked in circumstances where strong & convincing evidence...

Explainer | Victim’s Right to Appeal, Sec 372 CrPC

A victim can file an appeal against an order of sentence of a criminal court on specific grounds as under Section 372, CrPC.

Section 219 CrPC: Judiciously Bypassing a Provision

Background In a letter addressed to the Finance Minister, Nirmala Sitharaman, the Confederation of All India Traders (CAIT), requested the expediency of cases relating to dishonour of cheques through the setting up of fast track courts and adequate amendments to the Negotiable Instruments Act, 1881 (“The Act”). The letter cited the 213th report of the …

Power to Register FIR and Cognizance of Cognizable Offences u/ CrPC & Special Statutes – Time to Re-visit the Law

The article is in light of a Supreme Court judgment pronounced on 28th Aug, 2020 regarding power of Police to arrest, register FIR and investigate the cognizable offence mentioned under Chapter IV of the Drugs and Cosmetics Act. The author has also discussed the similar stand taken by the Supreme Court with respect to Cognizable offences mentioned under various other special statues.

The Tussle of Guards: Bihar & Mumbai Police on SSR Case

The unsettling question that arises here is that 'does Bihar police hold any authority to probe into the matter?' or only Mumbain Police has such authority?

Can a Second FIR Be Filed for the Same Offence?

Before understanding & answering the permissibility of filing of a second FIR on the same offence, it is crucial to appreciate the meaning...

Default Bail as an Indefeasible Right

Introduction  In the common parlance, we often come across terms like ‘regular bail’, ‘anticipatory bail’ etc. However, the pandemic, amongst other things has also brought to our attention, the term ‘default bail’. This term doesn’t find explicit mention in the Criminal Code Procedure (Cr.P.C.), (hereinafter the Code). Nevertheless, default bail is a statutory bail available …

Default Bail: An Indefeasible Right amidst Covid-19 Conundrum

Default Bail under the Criminal Procedure Code Article 22 of the Constitution of India along with Section 57 of CrPC lays the golden rule of producing an arrested person before the magistrate within 24 hours. Section 167 of CrPc carves out an exception, for there are many instances where the investigation cannot be completed within …