Criminal Law

An Exigency to Revise the Offence of Criminal Contempt

By | September 7th, 2020|Adjudication and Judicial Process, Criminal Law, Supreme Court of India|

Editor’s Note: In this post, Sahiba Vyas and Varun Litoriya* critically evaluate India’s criminal contempt law against the backdrop of the recent Prashant Bhushan case. They point out that the criminal contempt law is vague, its “scandalising the court” standard needs a relook, and there is danger of criticism of individual judges also being adjudged [...]

Defining the Contours of the Right to Legal Counsel in India

By | July 31st, 2020|Access to Justice, Constitution of India, Criminal Law|

Editor’s Note: In this post, Prateek Joinwal* examines the right to legal counsel in India. After drawing parallels with American jurisprudence, he concludes that this right is a “limited right” in India, and proceeds to examine the ramifications of the same.  Introduction In a country like ours, which celebrates H.L. Packer’s ‘due process’ model of [...]

Towards Truth as the Only Goal (II of III)

By | April 13th, 2019|Adjudication and Judicial Process, Criminal Law, Evidence Law, Success in Litigation, Tricks of the Trade|

In the second part of his three-part series on truth as the normative goal of judicial process, Justice K. Kannan looks at two tools used in a trial to arrive at the truth – the casting of the burden of proof and cross-examination. He comments on the efficacy of raising certain presumptions in the trial [...]

Towards Truth as the Only Goal (I of III)

By | September 26th, 2018|Adjudication and Judicial Process, Criminal Law, Evidence Law, Judicial Ethics, Philosophising Litigation, Professional Ethics, Proving Cases, Tricks of the Trade|

This is the first part of Justice K. Kannan's three-part series 'Towards Truth as the Only Goal'. In a set of three articles, he shall analyse the function of the judicial process of arriving at the normative goal of truth. In this first article, he argues that while essentially all litigations are always exercises to [...]

Extradition Litigation | Dayan Krishnan

By | April 14th, 2017|Criminal Law, Guest Speaker Series, High Court of Delhi, Senior Designation|

Editor's Note: Extradition as Mr Krishnan explains is an intersection of the law, politics and foreign relations. It is hence of extreme importance for India, which has been rapidly approaching the global centre stage, to ensure that it extradition laws are both in conjunction with international standards, as well as watertight, The fact the Abu [...]