LIJCRL: Volume II Issue III


Grave and sudden provocation: An analysis of K. M. Nanavati v. State of Bombay and the developments thereafter By Isha Singh & Raina Varma, NMIMS Kirti P Mehta School of Law

The case of K. M. Nanavati v. State of Bombay is one of the landmark judgments in the history of the Indian judiciary. The case received unprecedented media coverage, inspiring books and movies on the facts of it. It was also the last case to be heard as a jury trial in India, since the Government abolished jury system as a result of this case. This paper aims to understand the meaning and evolution of the defence of ‘grave and sudden provocation’ and the gradual change in judicial interpretation with respect to the same. Read More

Is Justice Always Delivered with Equity? By Ayush Gupta, Maharashtra National Law University, Mumbai

Justice, equity & good conscience‟ are the basic principles of common law. Indian judicial system boasts to follow these principles effectively. However, in reality, Salman Khan gets bail within hours whereas a poor man waits for years for his trial itself. This general trend of VIP culture is followed everywhere and courts are not an exception to this as well. While a celebrity like Sanjay Dutt spends half of his time on parole, a poor man from Assam is found spending 51 years in prison awaiting his trial for an offence punishable with not more than 3 Years. Read More

Protection Against Pursuit: Cyber Bullying As A Form of Online Harassment Against Women in India By Sonal Kalia & Dr. Garima Pal, Assistant Professor Symbiosis Law School, Pune

Women in India develop a variety of strategies to deal with the verbal threats they face. However, these strategies very rarely include the law, my research shows why there is a silence around the question of legal effectiveness and recourse for online verbal abuse. This research paper seeks to understand the extent to which law in India can help and whether or not there are enough laws to protect women from online harassment especially cyber bullying. Why women at large take legal help as the last resort or simply not a resort at all. Read More

Application of Impossibility Test for Differentiating Preparation With Attempt By Pratyusha Kar, West Bengal National University of Juridical Sciences

Execution of a crime comprises of four stages – mental stage, preparation stage, attempt stage and the final stage of actual accomplishment of the crime. The preparation stage of a crime is punishable only under certain circumstances. But the attempt stage is always punishable and often it becomes difficult to differentiate between preparations for crime with attempt towards commissioning of the crime. Impossibility test is one of the methods; the courts usually adopt to establish such differentiation. Read More

The Good Faith Exception to Defamation Under the IPC: A Critical Analysis By Syed Aatif, Advocate, Supreme Court of India

The Indian Penal Code (IPC) is the principal legislation governing substantive criminal law in India. With few exceptions, most of such penal provisions are stated therein. One such is defamation. The law punishes any act done intended to harm someone’s reputation. It has ten exceptions. In a scenario where a case falls under any of them, a person will be saved from the wrath of Section 500. Read More