LIJCRL: 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