The Marital Rape Exception in India: A Constitutional Anomaly in Need of Abolition
Introduction Exception 2 to Section 375 of the Indian Penal Code, 1860 — now retained in a modified form under Section 63 of the Bharatiya Nyaya Sanhita, 2023 — provides that sexual intercourse by a man with his own wife, the wife not being under eighteen years of age, does not constitute rape. This provision, […]
The Magistrate as a Gatekeeper of Criminal Justice: Re-examining Remedies Against FIR Refusal
Introduction The registration of a First Information Report is the threshold act that admits a citizen into the machinery of criminal justice. Without a registered FIR for a cognizable offence, no formal investigation is triggered under law, no evidence is secured under statutory authority, and the informant’s account of the offence remains outside the legal […]
Behind the Bars, Within the Law: Prisoners’ Rights to Legal Aid and Family Communication Under the Model Prison Manual and the BNSS
Part I: Abstract and Introduction More than three in every four people in an Indian prison have not been convicted of anything. They are undertrials, awaiting a trial that, for many, will take years to begin. For this population, two questions decide whether incarceration remains within constitutional limits or slides into something closer to indefinite, […]
THREE DOORS TO JUSTICE : FIR vs ZERO FIR vs POLICE COMPLAINT
THREE DOORS TO JUSTICE : FIR vs ZERO FIR vs POLICE COMPLAINT Which door should you knock on? Understanding when to file FIRs, Zero FIRs and Police Complaints under the Bhartiya Nagrika Suraksha Sanhita (BNSS), 2023. 1. ABSTRACT: The enactment of BNSS (Bhartiya Nyaya SurakshaSanhita), 2023 marks a significant milestone in India’s criminal procedural framework, […]
SMASHED WATERLOGGED OR BURNED the legal status of electronic evidence from a ruined hard drive under the BSA
SMASHED WATERLOGGED OR BURNED the legal status of electronic evidence from ruined hard drive under the BSA Abstract This article looks closely at how Indian courts handle electronic evidence taken from physically broken digital storage device under the new bharatiya sakshya adhiniyam 2023 (BSA) as our legal world increasingly depends on digital footprint, hardware […]
When Words Become Weapons: A Legal Analysis of Abetment of Suicide.
Author Name: Ishu Tyagi Abstract Abetment of suicide is a serious criminal offence under Indian law. It occurs when a person intentionally encourages, provokes, or assists another person to commit suicide. The law aims to punish those whose actions drive a person to take such an extreme step. Under the Bharatiya Nyaya Sanhita, 2023 (BNS), […]
AI-Generated Content and Copyright Ownership
AI-Generated Content and Copyright Ownership: A Deep Dive into Indian Copyright Law Abstract: Artificial Intelligence (AI) has transformed the creative landscape by enabling the generation of text, images, music, software code, and other forms of content with minimal human effort. While these advancements have expanded opportunities for innovation and productivity, they have simultaneously raised complex […]
Between Guideline and Gap: Custodial Search of Transgender Persons After the 2026 Amendment
Introduction: Transgender rights discourse has long centered on dignity, privacy, and bodily autonomy, with self-perceived gender identity treated as a constitutional baseline rather than a privilege to be earned. Yet procedural law, specifically the law governing physical search, has lagged far behind this principle. India’s search provisions, both under the erstwhile Code of Criminal Procedure […]
TRANSIT Anticipatory Bail: Why the Law Took 43 Years to Catch Up With Geography
A man in Pune learns his estranged wife has filed an FIR against him in Patna. He has never lived in Bihar. He has no lawyer there. He cannot realistically appear before a Patna court within hours of an FIR being registered. So can a court in Pune, where he actually lives, step in and […]
They Can’t Speak—But the Law Can: A Guide to Legal Remedies under the Prevention of Cruelty to Animals Act, 1960
Introduction Meanness to animals is noticed too often, but in most cases the disregard. The cases of dumped pets, overworked street animals are not rare in India. Even more alarming than the incidence of cruelty is the fact that there is no timely reporting. This silence is usually based on not knowing what to do- […]