Editor's Note: In this post, the authors analyze the discordant views put forward by the Supreme Court concerning the admissibility of electronic evidence. The authors argue that the position finally adopted is neither tenable nor consistent and there is a need to reconsider the same. The digital revolution and the development in the information technology [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
