Transparency on Trial: The Right to Information Act and Judicial Accountability in India
Transparency on Trial: The Right to Information Act and Judicial Accountability in India A Critical Analysis of Transparency, Judicial Independence, and the Public’s Right to Know Abstract The Right to Information Act, 2005 (RTI Act) represents one of India’s most transformative legislative measures aimed at promoting transparency, accountability, and participatory governance. By recognizing citizens’ right […]
From Imprisonment to Restoration: A Critical Analysis of Community Service as a Non-Custodial Sentence under the BNS and BNSS, 2023
Introduction India’s prison system is in crisis. As of December 2022, the National Crime Records Bureau’s Prison Statistics India report recorded an overall prison occupancy rate of 131.4%, meaning that Indian prisons collectively held a third more inmates than their combined capacity. Undertrials persons awaiting trial who have not been convicted of any offence accounted […]
What are the legal boundaries of the ‘Right to be Forgotten’ for expunging past criminal records online?
Abstract In the digital age, information published on the internet often remains permanently accessible, creating significant challenges for individuals seeking rehabilitation after involvement with the criminal justice system. Search engines, online news portals, and legal databases continue to display criminal records long after acquittal, completion of sentence, or closure of proceedings, thereby affecting employment opportunities, […]
Arbitrary Arrest and Enforced Disappearance under International Human Rights Law And Criminal Law
Introduction Arbitrary arrest and enforced disappearance are two of the gravest human rights violations that exist under international law. They threaten the rule of law, violate fundamental rights, and serve to facilitate other serious human rights abuses like torture, extrajudicial execution and long-term, unlawful detention. In the past few decades, an extensive legal framework has […]
Immunities of State Officials before Foreign Courts:The tension between Sovereignty and Accountability for Atrocity Crimes.
Immunities of State Officials before Foreign Courts:The tension between Sovereignty and Accountability for Atrocity Crimes. Abstract The doctrine of State official immunity occupies a central position in international law by protecting certain State officials from the jurisdiction of foreign courts. Its primary purpose is to preserve the sovereign equality of States, facilitate diplomatic relations, and […]
A Comparative Analysis of India and the United States on DYING DECLARATIONS under BHARATIYA SAKSHYA ADHINIYAM 2023
ABSTRACT The law of evidence provides the foundation for the justice delivery system, as it is necessary for courts to have trustworthy and relevant material to consider in deciding cases. Dying declarations stand alone in the list of exceptions to the hearsay rule. The basis of the admissibility of such statements is the legal maxim […]
THE LIABILITY VACUUM IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ACCOUNTABILITY FRAMEWORKS WITH SPECIAL REFERENCE TO INDIA
THE LIABILITY VACUUM IN ARTIFICIAL INTELLIGENCE: A COMPARATIVE ANALYSIS OF ACCOUNTABILITY FRAMEWORKS WITH SPECIAL REFERENCE TO INDIA ABSTRACT : Artificial intelligence systems have shattered the foundational assumption on which liability law rests: that identifiable human agency lies at the proximate end of every harmful act. As autonomous systems make consequential decisions through processes that are […]
Evidentiary Admissibility of Electronic Evidence under Section 61 BSA: statutory certificate compliance, forensic imaging standards, and establishing chain of custody.
Introduction The advent of the Bharatiya Sakshya Adhiniyam, 2023 (“BSA”), which came into force on 1 July 2024 in substitution of the Indian Evidence Act, 1872, has reconfigured the statutory architecture governing the proof of electronic and digital records in Indian courts.[1] Electronic evidence today permeates virtually every category of litigation, criminal and civil alike, […]
Filing a Regular Bail Application under BNSS: Procedural Steps for Tax Evasion Allegations
A Practical Roadmap to Sections 480 and 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Economic Offence Litigation By Ankita Rana Abstract A Regular Bail BNSS application is often the first and most decisive step available to a person taken into custody on allegations of tax evasion. With the transition from the Code of […]
e-FIR Under the BNSS: Bridging the Gap Between Statutory Promise and Portal Reality
e-FIR Under the BNSS: Bridging the Gap Between Statutory Promise and Portal Reality Author – Asmi Sharma B.A. LL.B. (Hons.) Student Acropolis Institute of Management Studies and Research (Indore) Email – asmi.sharma390@gmail.com Introduction The nature of crime has changed faster than the procedure for reporting it. Recognizing this, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) […]