Journal of Criminal Law

LEXKHOJ INTERNATIONAL JOURNAL OF CRIMINAL LAW, ISSN 2456-2297

criminal law journal


VOLUME II ISSUE II


Rohingyas of Myanmar: Whether the Persecutions Constitute Genocide (!) By Md. Pizuar Hossain, Lecturer, Department of Law East West University, Dhaka, Bangladesh

The persecutions of the Rohingyas were being committed by the Myanmar army and other security forces under the guise of maintaining “national security” since years. Recently, one United Nations Special Rapporteur visited Myanmar and published a report on the interviews of 204 respondents who left Myanmar and are living at Cox’s Bazar, Bangladesh as refugees.  Read More

Why Long-term Debt Instruments Cannot Be Deposit Substitutes By Russell Stanley Q. Geronimo, University of the Philippines College of Law

The definition of deposit substitutes in Philippine tax law fails to consider the maturity of a debt instrument. This makes it possible for long-term bonds to be considered as deposit substitutes if they meet the 20-lender rule, taxable at 20% final tax. However, long-term debt instruments cannot realistically function as deposit substitutes even if they fall in the hands of 20 or more lenders. Read More

Initiatives Towards Police Reforms In India: An Analysis By Dr. Sarika Tyagi & Ms. Apeksha Choudhary, Faculty of Law, Swami Vivekanand Subharti University, Meerut (UP)

Police is the protector and executor of law and order in the society but in this present commercialized world, capitalistic theory is much popularized in which the main motto is to gain and gain only by hook and crook. Everyone is deviated from the path of dharma, whether a legislator, executor, judicator, journalist or a police personal because they all are human being and a human is an error by birth.Read More

The Role of Legislations in Abolishing Manual Scavenging By Vrinda Arora & Saloni Kabra Univeristy of Petroleum and Energy Studies

The practice of manual scavenging in India lives today in a milieu apparently antagonistic to its incidence as a country that has long been tagged the world’s largest democracy having a progressive and protective constitution forming the fundamental law of superior obligation with an apex court performing the function of a sentinel on the qui vive and a system of laws intended to forbid and penalize acts of discrimination on the basis of caste. Read More

Appeals: A Conceptual Discussion By Raj Krishna & Kumar Sushant, Chanakya National Law University, Patna

Human judgment is not infallible. Despite all the provisions for ensuring a fair trial and a just decision, mistakes are possible and errors cannot be ruled out. The Code therefore provides for “appeals” and “revisions” and thereby enables the superior courts to review and correct the decisions of the lower courts. Apart from its being a corrective device, the review procedure serves another important purpose. Read More

Rights of an Arrested Person By Keshav Gaur & Teejas Bhatia JEMTEC School of Law, Gr.Noida, Affiliated to GGSIPU, New Delhi

In today’s scenario where we talk about equality among people we should not differentiate between arrested person and other people of the society while providing certain fundamental rights. In this view the Indian Constitution and the Criminal Procedure Code, 1973 has provided with certain fundamental rights to the arrested person.Read More

Adultery Law: A Draconian Penal Provision in Today’s Era By Heer Shah, SVKM’s Pravin Gandhi College of Law, Mumbai

An out-dated law is considered to be a species of injustice- Section 497 of the Indian Penal Code, 1860 which deals with criminalizing Adultery is one such penal provision which needs to change. The author, in the course of the arguments mentioned in the paper makes an attempt to establish that the provision needs to be decriminalized, made gender neutral or altogether be abolished. Read More


VOLUME II ISSUE I


Criminal Case Resolution at initial hearing of the indictment: Kosovo Context By Mr. Azem Hajdari, Professor, Faculty of Law, University of Prishtina, Kosovo

Criminal case resolution during the initial hearing of the indictment constitutes an effective instrument that enables a definitive solution to a criminal case for which is conducted the criminal proceedings. The application of this instrument is a competence of the presiding judge, respectively of a single trial judge. As such it may be applicable to all types of criminal offences regardless of their social risk degree. State benefits through this criminal case resolution institute because by its application there shall be a cut of public money expenses as well as is dictated effectiveness in courts work, as well as benefit also the defendants because to them in these cases is imposed a more lenient punishment. Read More

The Criminal Liability of Corporations: The Mens Rea Behind By Mr. Deevanshu Shrivastava, Assistant Professor, School of Law, Jagran Lakecity University, Bhopal

Corporations can only act through their employees and agents.  Although we commonly consider that a bank makes a loan, in actuality it is the bank employees who gather information, check out security,  authorize the loan and transfer money to the customer’s account. The question becomes whether a bank making a loan to a borrower who uses the money for a criminal purpose like importing drugs, is committing a crime? Read More

Female Feticide: The Worst Criminal Intent By Ms. Yash Tiwari, Assistant Professor, Career College of Law, Bhopal

When a girl child is born, the emotional, sexual and psychological stereotyping of females begin when the doctor says, “it’s a girl.” In India infanticide feticide, lack of education to girl child, child marriage, dowry, child sexual abuse is rampant. The Indian girl child and a woman still continue to deal with the lack of basic human rights. Abortion is an apparition to end a pregnancy through the expulsion of the foetus from the womb. Read More

Compensatory Jurisprudence for Victims of Violent Crime- “RAPE” By  Mrs. Shagufta Anjum, Assistant Professor, IFIM Law College, Bangalore

Article 14 of the Indian Constitution, 1950 proudly lays down ‘right to equality’, which emphasis that every Citizen of this Country shall be treated equally in the eyes of Law and equal protection shall be given to him/her. Apart from this general fundamental freedom guaranteed, the State also ensures special protection to certain weaker sections of society against any form of violence. All these legal provisions make us feel safer in our own territory. Read More

Relevancy of Medical Termination of Pregnancy Act, 1971 with reference to the Rape Victims: An Analysis By Km. Arti, Research Scholar, School of Law, HNB Garhwal (A Central University) Srinagar

The medical Termination of pregnancy Act 1971(34 of 1971) provides for the termination of pregnancy by registered medical practitioners where its continuance would involve a risk to the life of the pregnant women or grave injury to her physical or mental health or where there is a substantial risk that if the child were born, it would suffer from such physical or mental abnormalities as to be seriously handicapped. Where the pregnancy is alleged to have been caused by rape or as a result of failure of a contraceptive. Read More

Rape Laws in India: Yesterday, Today and Tomorrow By Ms. Jhalak Shah & Ms. Sakshi Dhapodkar, National Law University, Bhopal

The article revolves around the developments that have taken place in laws established for the trial of offences relating to rape in India. It covers the landmark case laws under Section 375 and Section 376 of the Indian Penal Code, 1860 as the base. It takes into account the Sexual Offences Act, 2003 of England and the Criminal Law Consolidated Act, 1935 of Australia as well as the various reports of the Law Commission of India and the amendments made. Read More

Reforming the Criminal Justice System: Rights of the Accused By Ms. Ayushi Tyagi, Galgotias University, Noida

The three segments of Criminal Justice System viz., the police, the judiciary and the correctional institutions ought to function in harmonious and cohesive manner. But in practice, one often finds that it is not the case. The police, instead of protecting and promoting human rights, are often found to violate them. The National Human Rights Commission has been receiving reports of custodial deaths, non-registration of cases, arbitrary arrests, custodial violence etc.Read More

Protecting Women Rights against Domestic Violence By Ms. Shreya Mehta & Mr. Ashwin Ramdev, Raffles University, Neemrana

The subject of gender and media has been discussed quite frequently and good documentation available on portrayal of gender as a product and accompanying body politic in media. Media can act as both perpetrator and protagonist. Media’s power in no way can be undermined. People form opinions relying on the media reports. And it is quite disturbing when we see many times the media addresses Domestic Violence victims by portraying sexism, devaluation of women and most importantly giving them ‘the weaker sex’ tag.Read More

Evolution of Rape Law in India By Mr. Anant Raj & Ms. Sweta Ranjan, Central University of South Bihar

The word rape derived from Latin term rapio mean to seize. Thus rape literally means a forcible seizure. Rape is commonly known as ‘ravishment ‘or sexual intercourse with a women against her will or without her consent by force or by illegal means. By the very nature of the offence it is an obnoxious act of the highest nature. Besides being dehumanizing act, it is an unlawful intrusion on the right of privacy and sanctity of a female. It is a supreme blow to her supreme honor and offends her self-esteem and dignity.Read More

Analytical Rebuttal of Defense based on Automatism By Mr. Kaustav Sudarshan Nag, Shree P.M Patel College of Law and Human Rights, Sardar Patel University, Gujarat

India has long progressed from the laws that it was left with. The Judiciary of India should now cease to depend on laws that were made in the past century. Laws of India still are in the ambit of misinterpretation. Section 84 of IPC states that Unsoundness of Mind can result in excuse from Culpable Homicide and Homicide. The lunacy Act and Mental Health Act of India hasn’t been updated since 1912 and 1987 respectively.Read More


VOLUME I ISSUE III


Enforcement of Individual Criminal Responsibility on Individual Members of Armed Non-State Actors By Dr. Nadarajah Pushparajah

International criminal law criminalizes the violations of international norms, including international humanitarian law and international human rights law by imposing criminal responsibility on individual human beings whether part of state actors or armed non-state actors. This article examines the development of international criminal justice in criminalizing the serious violations of international humanitarian law and the cross violation of international human rights law by armed non-state actors Read More

Stalking: A Case Study with special reference to Government Maharana Pratap College in The State of Himachal Pradesh By Dr. Bhavana Sharma

Stalking is unwanted or obsessive attention by an individual or group towards another person. Stalking behaviors are related to harassment and intimidation and may include following the victim in person or monitoring them. The term stalking is used, with some differing definitions, in psychiatry and psychology and also in some legal jurisdictions as a term for a criminal offense. Read More 

Legal Principles Involving Dowry Death by Saunak Rajguru

Although various statutory laws provide a variety of enforcement mechanisms to curtail dowry death, proper enforcement mechanisms do pose a huge challenge. The most obvious problem associated with dowry death is proving the same and the shift of the burden on the accused persons whereby justice hangs in the balance. In addition to the impact of human livelihoods caused by the dowry menace, society in general gets affected. Read More

Law of Sedition: Conundrums and Others Paradoxes by Tejsav Anand

The Law of Sedition has always triggered debates around the nation as being violative of the fundamental right of freedom of speech and expression. Sedition is nowhere defined in any law but finds its mention in the marginal note of Section 124A of the Indian Penal Code. The definition of the law of sedition is plagued by vagueness and non-uniformity makes it even more vulnerable to misuse. Read More

‘#yakubhanging’ The Melodrama of the Human Rights of a Terrorist By Rishabh Bhojwani and Annesha Das

Even as the execution of the psychological militant sentenced for the Mumbai blasts of 1993, YakubMemon, occurred in July, 2015, the nozzles of saccharine ethical quality were completely opened. A few sound nibbles, supposition segments and publications showed up in the Indian media denouncing the foundation of capital punishment, particularly on account of YakubMemon Read More

Genocide  Man Plays God by Shivani Raheja

History, has proven to be the producer of the most unimaginable, terrifying and daunting stories the world has ever known. These stories portray the shocking evils that man is capable of. Man has been depicted as a beast who doesn’t care about bloodshed of its own kind, has painted barren land with blood and blanketed the fragrance of life with the foul stench of death. Read More

Forgery: A Conceptual discussion By Raj krishna & Rahul singh

Forgery usually involves a false document, signature, or other imitation of an object of value used with an intention to deceive another. Those who commit forgery are usually charged with the crime of fraud. Documents that can be used as the object of forgery include contracts, identification cards, and legal certificates. Read More

Internal Security Challenges For India A Role Of Security Forces by Parvesh Kumar Rajput

India has lost over so many lives to terrorism over the last decade in the major irregular and sub-conventional wars that have afflicted the country. A majority of these fatalities have occurred in J&K and in the Northeast alone as a result of the proxy war in the former, and a range of separatist insurgencies in the latter. Read More

Case Analysis – L.C. Golaknath and Ors Vs. State of Punjab & Anrs. By Dipankar Madaan and Urvashi Raina

It is commonly acknowledged that when a judicial pronouncement is made, it not only applies to any particular case but the ratio would apply to the future cases also. This is also the essence of the concept of precedent. In other words, the law declared by the court is not descriptive as the court holds it but also prescriptive in the sense the future judges have to use it. Read More

Marital Rape Is Not An Offence In India by Himanshi Srivastava

Marital Rape is more widely experienced by women, though not exclusively. It refers to the non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, domestic violence and sexual abuse. Now the question comes that Why MARITAL RAPE IS NOT AN OFFENCE IN INDIA? Read More

Legal Protection available to disabilities in India by Ranjan dube

The government enacted various laws for the protection and development disable person. The Constitution of India also provides the various provisions to deal with disability. Judiciary play an important role for the implementation of disability person right by the provision of Constitution and other Act enacted for the protection of right of disable person. Read More


VOLUME I ISSUE II


LGBT Rights and Decriminalization of Section 377 By Katiyani Juneja  & Kunal Vinayak, Advocate

Our Society is formed with vibrant traditions and customs which are foundational pillars. India, a country of cultural values cannot afford to fall into western ways. But since growing economy and people getting more and more aware, our country finally has to step out and walk with the rest of the world by confirming LGBT rights. Modernization has made life practical and has led to casting off our old morals and values.  Read More

India’s Criminal Justice System: Police and Prison Reforms: A Critical Analysis By Disha Pareek

The criminal justice system, be it of India or elsewhere, includes law enforcement, prosecution, defense, judiciary, police and correctional house. The productivity of the entire criminal justice system is judged by the productivity of corrections. It comprises of three major institutions; a case begins with law enforcement officials, who investigate the crime and also gather evidence in that regard. Then it continues with the court system, which weighs the evidence, and sees if the defendant is guilty or not then the correction system will work accordingly. Read More

Defence of Intoxication: Judicial Confusion By Apeksha Gupta

Intoxication is basically a state wherein the person becomes incapable of normal speech, thought or actions because of the ingestion of undue amount of drugs and/or alcohol. IPC interestingly has a provision that provides intoxication as a defence for the crime committed, though not completely. On perhaps none of the defences mentioned in IPC, courts had different views, as is the case with “intoxication”. If a person could easily get the defence of intoxication, then every other “somebody” will prefer getting intoxicated before committing a crime. Read More

Marital Rape: A Hidden Hurt By Neha Niharika

Marital Rape refers to undesirable intercourse by a man with his spouse by force, physical violence or when she is unable to give consent. There are different forms of rape and marital rape could be a force only, a battering rape or a sadistic rape. Marital rape is a non consensual act of violent deviance by a husband against the wife where she is physically and sexually abused.  Read More

Section 300 of the Code of Criminal Procedure, 1973 By Nilesh Bhardwaj & Komal Jain

The edifice of every civilized society establishes that a person must be answerable for his acts but another equally important principle is that a person shall not be made liable for his acts more than once. It is in the interest of justice that when a person is once tried for an offence by a court of competent jurisdiction and is either acquitted or convicted, he shall not be brought before the court of law again for the same offence. The principal is called Double Jeopardy. Read More

Parental Abduction By Dipankar Madaan

Parental child abduction is child abduction by a parent. It often occurs when the parents separate or begin divorce proceedings. One parent may remove or retain the child from the other seeking to gain an advantage in expected or pending child-custody proceedings or because that parent fears losing the child in those expected or pending child-custody proceedings; a parent may refuse to return a child at the end of an access visit or may flee with the child to prevent an access visit or fear of domestic violence and abuse. Read More

Death Penalty: Is it really a fetter on freedom? By Dr. Bhavana Sharma

In most of the countries of the world, Death Penalty is exercised as a mode of punishment since time immemorial. Whether death penalty should be abolished or retained is still a matter of debate and since this date no conclusion can be withdrawn.   The imposition of the death penalty allows society to express its moral outrage at the commission of the most outrageous of offenses. Death penalty tries to restore social order, which has been upset by the commission of a terrible crime. Read More

Admissibility of Electronic Evidences: Challenges for legal world By Aparna Tripathi and Raghav Rawat

As e-governance is growing at very high rate throughout the Public & Private Sector, Electronic Evidence have involved into a major pillar of processing, communication and documentation. These several forms of electronic evidence are progressively being used in both Civil & Criminal Litigation’s. During trials, Judges are often asked to rule on the admissibility of electronic evidence and it considerably impacts in the outcome of civil law suit or conviction/acquittal of the accused.Read More

Analyzing the Case Shanti B.K. v. HMG, in Establishing Sentencing Jurisprudence in Nepal: A Comparative Study By Prabhat Chhetri

According to Black Law Dictionary, sentencing is the judgment that a court formally pronounces after finding a criminal defendant guilty, the punishment imposed on a criminal wrongdoer. By providing the link between criminal law and the penal system proper, courts fulfill the key function of relating offences in general to the punishment of particular offenders. Sentencing policy is therefore a subject of great concern to the criminal lawyer and criminologist alike. The sentencing policy differs with nation. Read More


VOLUME I ISSUE I


Reformative Theory of Punishment: An Analysis by Akanksha Arya, National Law University, Orrisa

“An eye for an eye will turn the whole world blind”, this line by MK Gandhi is the essence of Reformative Theory. In ancient time punishment used to be very harsh but later with time people started to think about accused person’s rights also. The very basic purpose of this theory is to reform/rehabilitate the criminal into law abiding citizen. Read More

Emerging Trend in Cyber Crime by Sukriti Ghai & Vishnu Tandi, The Northcap University

Crimes, in whatever form, always affect the society directly or indirectly. Internet has become our necessity and we use it in every field of society. Misuse of computer with the help of internet further leads to illegal acts which are often categorized as Cyber Crime such as fraud, stealing identities or violating privacy etc. Cyber crime is not defined anywhere in any legislation under Indian law but Information of technology Act 2000 deals with offences related such crimes in India. Read More

Misuse of Women Oriented Laws- Need for the change By Vaibhav Mittal & Smiti Dubey, The Northcap University

‘Gender equality’ is enshrined in the Indian Constitution in its Preamble, the fundamental rights, fundamental duties and the Directive principles. The Constitution of India not only grants the women equality, but also empowers the State to make laws or to take such measures as to prevent the discrimination against women. This paper focuses towards the question of whether the laws which are meant to protect and empower women, are actually empowering them? Read More

Sedition Law: Origin and Judicial Interpretation by Yogita Lohia, The Northcap University & Ayush Maken, St.Soldier law college Jalandhar

In general term, Sedition is basically any form of speech; action or writing that incites the detestation against the established order and harms the systematic peace of the country. The term “Sedition” may include any commotion, though not aimed at direct and open violence against the laws. A seditionist is one who engages in or promotes the interests of sedition. Read More

Marital Rape within Prohibited Marriage  by Vishnu Tandi & Yogita Lohia, The Northcap University

Rape is rape, whether it is stranger rape or marital rape. Marital rape is also known as spousal rape, as it is committed by spouses without consent of his partner. It is a very serious worldwide problem that millions of women have to suffer and face on a day to day basis. It violates their right to life and liberty. This phenomenon has occurred because of the traditional view of marriage. Read More

Death Penalty: Contemporary Issues By Shruti Sharma, Attorney

Death sentence has always been a question of controversy, while on one hand it becomes a matter of human rights with respect to the accused; on the other hand it is one weighing the gravity of the crime and its impact on the society. The issue of death penalty has been debated and discussed from a prolonged time but till now no conclusion can be drawn about the retention or abolition of the provision. Read More

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