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Category: Criminal Law

Beyond the Blue Ticks: Why the Supreme Court Prohibited Police Notices via WhatsApp?

Although there can be many ways to achieve efficiency in the application of law by means of technology, there should not be any compromises in procedural fairness while doing so. In an important direction which protects individual freedom, the Supreme Court of India held that the police cannot issue any pre-arrest appearance notice or witness […]

How to File a Complaint for Criminal Defamation under BNS and BNSS: Detailed Legal Process on Social Media Character Assassination

GOVERNING LAW & RELEVANT SECTIONS Primary Offence: Section 356 of BNS, 2023 (formerly Sections 499/500, IPC) — Criminal Defamation Who May Complain: Section 222, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Complaint Procedure: Sections 223–226, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 Digital/Social Media Overlay: Sections 66A, 69A, 79, Information Technology Act, 2000 Evidentiary Requirement: Section 63, […]

Demanding Fees for an FIR Copy? Why the Police Cannot Charge You a Single Rupee

ABSTRACT The First Information Report (FIR) acts as the cornerstone of India’s criminal justice system, setting the machinery of criminal investigation into motion. Despite its importance, common citizens frequently encounter systemic barriers and illegal demands for money when attempting to obtain a physical copy at police stations. This legal article explores the absolute statutory entitlement […]

Rights of an Accused Person: Understanding the Right to Remain Silent and the Privilege Against Self-Incrimination

Rights of an Accused Person: Understanding the Right to Remain Silent and the Privilege Against Self-Incrimination Abstract The criminal justice system in a constitutional democracy is founded upon the principle that every individual is presumed innocent until proven guilty. While the State possesses extensive investigative and prosecutorial powers to combat crime, these powers are subject […]

Step by Step guide to filing a Private Criminal Complaint under BNSS for Extortion and Blackmail

Introduction; Extortion and Blackmailing are serious cognizable offence, and they have become a major concern in today’s society. With the rapid growth of digital technology, these crimes are also increasingly being committed through online platform, making cyber enabled extortion and blackmail one of the most significant challenges of the modern era. These criminal offences are […]

Stolen Voices: The Hidden Crisis of AI Voice Cloning Without Consent

Abstract A voice is the most intimate signature a human being carries more personal than a signature on paper, more immediate than a photograph. It carries a mother’s worry, a grandfather’s warmth, a celebrity’s charisma, a leader’s authority. For most of human history, a voice could not be separated from the body that produced it. […]

Balancing Privacy and Accountability: The Legal Debate on Social Media User Identification in India

Balancing Privacy and Accountability: The Legal Debate on Social Media User Identification in India INTRODUCTION The social networking applications such as WhatsApp, Facebook, Instagram, X (formerly Twitter), and Telegram are vital in terms of socialization, doing business, communicating, and being involved in politics. But then, the downside here is that social networking platforms provide an […]

Whether Fresh Material or Subsequent Developments Can Be Considered by Courts While Seeking Cancellation of Bail under the Bharatiya Nagarik Suraksha Sanhita, 2023

Whether Fresh Material or Subsequent Developments Can Be Considered by Courts While Seeking Cancellation of Bail under the Bharatiya Nagarik Suraksha Sanhita, 2023 Introduction Bail plays an important role in the criminal justice system of India. It attempts to strike a balance between the right to life enshrined under Article 21 of the Constitution and […]