LIJCRL: 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