The NUJS - SACJ Annual Newsletter 2019-20

The SACJ Annual Newsletter 2019-20 13 July 2020
THE SACJ NEWS

BULLETIN
The NUJS Society for Advancement of Criminal Justice - Annual NewsLetter (2019-20)
Containing news and updates of Crime, Cases and Much More!
1
About NUJS
The West Bengal National University of Juridical Sciences was established under the WBNUJS
Act, 1999 (West Bengal Act IX of 1999) adopted by the West Bengal Legislature in July, 1999.
The university was notified under Clause (f) of Section 2 of the UGC Act, 1956 in August 2004
and has been granted permanent affiliation by the Bar Council of India in July 2005. On 28
October 2002, the University’s present day campus was inaugurated by the then Chief Justice of
India, B.N. Kirpal. The NUJS, Kolkata, along with GNLU and NLSIU, Bengaluru remain the only
National Law Schools which have the Honourable Chief Justice of India as the Chancellor. This
set up provides an aura of exclusivity and a rare stature to these National Law Schools in India.
NUJS is considered one of the best amongst the elite National Law Schools in India which are
developed on the five-year degree model, as proposed and implemented by the Bar Council of
India. The university offers a five-year integrated B.A./BSc. LLB (Hons.) degree programme at
the undergraduate level and a Master of Laws (LLM) programme at the postgraduate level.
Admission to the former programme is through the Common Law Admission Test, a highly
competitive, nationwide common entrance examination, held jointly by the National law
schools.NUJS also offers MPhil & PhD. The Chief Justice of India is the Chairman of the General
Council, the supreme policy making body of the University, along with being the Chancellor.
Currently, Prof. (Dr.) Nirmal Kanti Chakraborty is the Vice Chancellor of the University. 
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About The NUJS Society for Advancement of Criminal Justice
The Society for Advancement of Criminal Justice (SACJ) is a premier academic society under the
Student Juridical Association (SJA) at the National University of Juridical Sciences (NUJS),
Kolkata. Having been founded in initial days of the University by Professor Dr. Kavita Singh, a
Professor of Law, who acted as the faculty advisor of the society till 2018-2019, the SACJ focuses
on contemporary issues concerning Criminal Law and Justice.
The principles governing the interplay of criminal laws with the society and its conception of
morality form the core of the Society. Considering the perennial importance of law and crime in
any civilised society and given the increasing awareness regarding individual and collective
human rights, the field of criminal justice has attained greater social significance than ever before.
The role of criminal justice interventions in producing safe and just societies cannot be
overemphasised upon, and the Society aims at fulfilling its greater responsibility towards the
society. It allows future lawyers and lawmakers an opportunity to develop a deeper and more
holistic understanding of the criminal justice system and the problems that plague it, so as to allow
remedial measures to be taken and mitigation mechanisms to be developed. In doing so, the
Society follows an interdisciplinary approach that extends to sociological and jurisprudential
aspects of criminal justice, as well as to the non-criminal branches of law. In addition to the socio-
legal edge of the Society, it is the contemporaneous relevance of its functioning that serves to raise
the interest quotient of this Society, making it one of the most active academic societies in the
University.
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From the desk of the Vice Chancellor - Prof. (Dr.) Nirmal Kanti Chakrabarti
The Society for Advancement of Criminal Justice is

established since the initial days of the University
accommodating various prevalent discourses about
Criminal Law and Justice. SACJ has been successful
in organising various conference, training
programmes, legal conclaves, workshops, quiz
competitions and lectures sessions, and Webinars.
These activities generated the academic strength of
WBNUJS.
The students of the university as society members has enthusiastically engaged in creating their
first newsletter which includes various national and international topics of debates such as ‘Hate
Speech’, ‘CAA/NRC’, ‘COVID and trends of Criminal Law’. Government of India re-defines
Child Porn, Proposes Stiff Penalty’, ‘NIA Bill’, ‘Triple Talaq’ and many other topics of socio-
legal significance. The inclusion of the section of ‘Criminal News’ is of vital importance
highlighting the specific areas to the legal academia. This initiative will encourage further ideas
for organising events to be organised and expand the forum of criminal law and its advancement in
the justice system.
This year, the Society for Advancement of Criminal Justice has expanded in terms of collaboration
with other organisations such as International Justice Mission and Indian National Bar
Association, organising conference on Indian Criminal Justice System- Delivery and Role of
Courts in collaboration with Indian National Bar Association and Workshop on Combatting
Trafficking Through Technology :Modern Methods of Crime Detection in collaboration with the
International Justice Mission, Bureau of Police Research and Development by organising
workshop on “ prison administration and prisoner rights’’, ‘conclave on contemporary issues
surrounding criminal law and justice administration’ and many more.
I express my appreciation about the activities of SACJ and congratulate the Society for releasing
the first Issue of the annual newsletter 2019-20. This year has been a cooperative effort of all the
enthusiastic minds of students representing SACJ and achieving the growth and progression of the
society altogether, under the relentless guidance of the Faculty advisors and other faculties of this
university.
09.07.2020 Prof. (Dr.) Nirmal Kanti Chakrabarti

Vice-Chancellor, WBNUJS
4
The Words of Our Founder - Prof. Dr. Kavita Singh
It was one sunny afternoon in the year 2005, when Prof.

Durgadas Banerjea, the head of our School (School of Criminal
Justice Administration, (SCJA)) at NUJS who was also my
mentor and guide, called me and asked me to address a request
made my young students of NUJS (SJA). I left with the
students, towards my chamber, where one of them placed before
me their intention to form the “Society of Criminal Justice” at
the University under the aegis of the student body. The students
then discussed with me at large what would be the composition
of this society, how would the members and the office bearers be selected, the disciplinary
procedure for misconduct of the members and the activities the Society would conduct. After a
long discussion, I asked them to submit idea of the society in the form of a proposal to Prof.
Banerjea, which then was placed before the then Hon’ble Vice Chancellor Prof. B. S. Chimni for
his approval.As soon as the then VC Sir approved, NUJS saw the establishment of the student run
Society of Criminal Justice. The next step was to select the members for this society, for which we
released the Call for Applications to the GB and then based their selection on the statement of
interests submitted by the applicants. Professor Sarfaraz Khan, my colleague at the SCJA and I
took the interviews of the applicants. Fifteen dedicated members were selected from GB and out
of them, we appointed three students to the posts of Director, Deputy Director and Treasurer
respectively. Hence, a proposal from a very enthusiastic group of students led to the formation of
this society in the year 2005.
From the time of its conception, the Society has been going very strong. We have organised many
guest talks, lectures by dignitaries related to the field of Criminal Law. We also organised various
workshops and panel discussions in the years of 2005, 2008 and 2010, where the panellists
discussed on various legal reforms and amendments required in the Criminal Law Legislations.
The name of the society was changed from Society of Criminal Justice to its present name Society
for Advancement of Criminal Justice in the year 2011 by a constitutional amendment carried out
at the behest of the then director Mr. Ashish Goel, however, the selection procedure remained the
same till the year 2017, after which the selection took place as per the SJA rules. My colleagues
Ms. Sampa Karmakar and Mr. Faisal Fasih assisted me in the selection of the office bearers and
the members of the society. The journey of experimentation and several new activities continued
with the society organising its flagship National Writing Competition, the event which still
continues and Criminal Law Quiz Competitions, in both online and offline formats. Prof. Sarfaraz
helped me in preparing the interactive questions for Quiz that was meant to promote curiosity as
well as increase knowledge of the students of NUJS, especially those studying Criminal Law. The
society also prides itself on submitting report to Law Commissions of India and Karnataka on the
issues of death penalty and Cases & Counter Cases respectively. It also had an online blog page by
the name of ‘Breaking the Code of Criminal Procedure” and an online journal- SACJ Criminal
Law Review.
Now, I would like to congratulate the society for releasing its First Annual Newsletter Copy. The
journey of the society from its inception to the present has been full of adventures and
experiments. As the founding faculty advisor, I enjoyed the Journey with the Society and my best
wishes and blessings will always remain with it, its faculty advisors and its members.
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The Words of the Faculty Advisors
“The Society for Advancement of Criminal Justice (SACJ) is a dedicated forum for presenting contemporary
developments and happenings with a two fold objectives. First, to raise relevant issues in the field of criminal law for
professionals to ponder over at various levels, and to find solution for prevention of crime. Second, to create
awareness among the general public about certain events so that crime may be
checked at individuals level as well. It is a platform to connect academia with various
legal and non-legal professionals involved in the process of administration of criminal
justice including members of the Bar and the Bench, police officers, media persons
and doctors. An endeavour would be made to provide a comprehensive coverage
relating to criminal law and its allied areas. This society is predominantly run by few
interested and dedicated students. I wish them all the best in their journey.”
Mr. Faisal Fasih
Assistant Professor of Law & Faculty Advisor, SACJ - WBNUJS

Email: [email protected]
“The Society for Advanced Criminal Justice (SACJ) is one of the oldest societies comprising of students across the
batches of WBNUJS as members! The society was initially started under the guidance of Prof. Kavita Singh, who is
now a mentor of the society, along with Prof. N.K. Chakrabarti, our Vice-Chancellor.
Several legal luminaries and stalwarts have visited our university campus in the heart of the city of Kolkata to deliver
their lectures during seminars, workshops organized by SACJ. Recently, on 13-14th March, 2020 the society had held
a two-day ‘law conclave’ on ‘Medical Termination of Pregnancy Bill,’ ‘Role of media trials,’ ‘Women and Crime’,
and other topics of contemporary relevance. Students also undertake activities such as writing blogs on several
developments in criminal law, organizing quizzes and essay competition where other universities take part. It is also
our practice to prepare conclusive reports of every event. We are also conducting various webinars in current
pandemic situation as an earnest effort to contribute to the advancement of legal
education, remembering the vision of Late Prof. Madhava Menon, our founding Vice-
Chancellor. To mention few webinars conducted include, Dr. Nagarathna A. Associate
Professor, NLSIU Bengalore spoke on ‘Regulating Illegal Content Online,’ Mr. Gopal
Subramanium, Senior Advocate and Former Solicitor General spoke on ‘Advancing
Criminal Justice in Present and Future,’ and Ms. Geeta Luthra, Senior Advocate
Supreme Court spoke on ‘Prevention of Money Laundering’. I also thank Mr. Faisal
Fasih my senior colleague and Faculty Advisor, SACJ for his continuous guidance for
the Society.
I am sure this newsletter containing news updates, legal updates and blogs prepared by
our students would immensely contribute to academia. I wish them all success and
appreciate their constant efforts in the orchestration of all the events! “
Mr. Surja Kanta Baladhikari
Guest Faculty of Law & Faculty Advisor, SACJ - WBNUJS

Email: [email protected]
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Message from the Convenor (SACJ 2019-20)
Anshul R. Dalmia
“The Criminal Justice System isn’t broken; it was built this way”
While we live in an environment streaked with murders by

policemen, with illegal detentions of several activists and protestors,
with the longest internet ban ensuing in a democratic country
leading to multiple violations of our fundamental rights and
freedoms granted by the Constitution, it is obvious that we turn to
our criminal justice system with hope and optimism. However, in
such a situation, instead of protecting the citizens and their rights,
the State through several elements of the justice system itself
engages in riots, orders armed mobs to open fire in educational institutions, and censors both the
media and the press escalating unrest and emergency in the country. In circumstances like these, it
becomes imperative that we question the existing framework, which highlights governance
through an arbitrary rule of the State and not through the effective rule of law. The Courts have
always had the transformative power to remedy the legacies of injustice caused primarily by the
State, the one who was supposed to preserve and secure these intrinsic civil rights. In the current
situation, one can only hope a semblance of protection from the judiciary.The absence of which,
adds on to the extreme hopelessness faced by the people in our country. The intellectual
reformation process is thus, the starting point of the melting iceberg, which stands for the
accessibility of justice. The contours of our system have to be reworked from the foundation, thus
altering several of our beliefs and presumptions.
This Newsletter, is thus a step towards the momentous change which is the need of the hour. The
Society for Advancement of Criminal Justice, has always attempted in culturing an environment
where students seek to not only merely accept the status quo prevalent, but also effectively
challenge and critique it. Through our annual essay, quiz and judgment writing competitions, we
aim to provide a nation - wide platform where law students could effectively express themselves.
Over the past year, we have organized several lectures, conferences, conclaves and seminars that
have allowed for a healthy discourse on contemporary criminal issues. The Society recently, even
provided comments on the amendments that are needed to be implemented to the criminal laws to
the Ministry of Human Affairs in order to facilitate further engagement. Through this newsletter,
we seek to draw the attention of the legal fraternity and contribute in increasing awareness
regarding contemporary issues engulfing the criminal justice system.
I would like to thank all the students who have contributed to this Newsletter. Moreover, I would
like to sincerely express my gratitude to the Vice Chancellor, Prof (Dr.) NK Chakrabarti for his
constant support as well as our Faculty Advisors, Prof. Faisal Fasih and Prof Surja Baladhikari for
their unrelenting encouragement. This would not be possible without all my fellow office bearers
and members, who have helped the Society grow in unimaginable ways. I hope you all find the
newsletter instructive and engaging. We hope to hear your critique too.
7
Year 2019-20 in the field of Crimes, Criminal Law and Criminal Justice - A Prologue by
Deepanshu Agarwal (SACJ Co-Convenor 2019-20 & Convenor 2020-21)
Crime has been prevalent in the society since primordial times. It would not
be wrong to say crimes gave birth to the law and the laws resulted in
classification of the crimes. This interface between crimes and laws led to
evolution of what we call as Criminal Justice System which is an agency of
many branches- all responsible for ensuring justice to the society by
punishing the offender while also keeping his rights in mind, both in
accordance of law. As the crimes increase, the role of criminal justice
system increases and the responsibility of the system also increases. The
past academic year (June 2019-May 2020) also saw a huge increment in the
responsibility of the Criminal Justice System which comprises of the
agencies including Police, the investigating agencies, the Prosecution and defence lawyers, the
Courts, the prisons etc. The criminal justice system was in limelight throughout the year as we
debated on the performance of its core agencies.On one hand, the incidents like the Hyderabad
Encounter Killing Case smirched and stigmatized the Police Uniform; on the other we saw the
roles of the agencies like CBI and the ED coming into questions. While we witnessed the long-
standing Ranbir Penal Code being abolished and the practice of Triple Talaq being criminalized,
arrests and FIRs against political activists and Journalists became a common feature. There were
nationwide protests against the Citizenship Amendment Act, with the capital city of the country,
becoming victim to the multiple instances of violence, including its worst ever riots. These all
issues and events on one hand raise legitimate questions on the performance of Criminal Justice
System but the several landmark and progressive judgments by the Supreme Court and the
government finally realizing the need of a reform in Criminal Laws gives all of us a hope of a
better tomorrow.
This Annual Newsletter prepared by the Society for Advancement of Criminal Justice at NUJS is
an attempt to encapsulate very briefly all the major updates and events that happened in the field
of Crimes, Criminal Law and Criminal Justice throughout the year. The aim of this newsletter is
not merely restricted to update the readers with the news, the judgements and the activities
conducted by the society in the past year, but to encourage them to develop their own
understanding and opinion of the critical issues that occurred in the field of Crimes and Criminal
Law. The whole field of Crimes and Criminal Justice is nothing less than a match or a clash
between two parties. The Criminal Justice System has to constantly deal with the dynamics of
clash of Law & National Security and of Human Rights. Through this newsletter, we want our
readers to try to determine the winner of this core clash keeping the nuances of each issue in mind.
We at the Society for Advancement of Criminal Justice want you to write, debate, discuss and
hence promote discourse in this area of Criminal Law and Justice, thereby fulfilling the core
objective as envisaged by our society.
Happy Reading!
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THE TOPICAL
Most Important Topics | Criminal | Analysed
EC and Hate Speech -

Praneeta Tiwari
The Supreme Court has

directed EC to take strict
actions against hate speeches,
(including the journalists
hosting debates under the
same purview). The Bench was
initially irked at the EC’s
‘ Po w e r l e s s n e s s a n d
Toothlessness’ over the matter
and thus issued strong
directive for the same.
Lincoln City Council

b e i n g ‘A m e r i c a n’ - Hate Speech
Praneeta Tiwari
Interplay between Hate Speech and Crimes by Aditi Singh
Lincoln City council enacted an Chandel
ordinance to outlaw various
Hate speech is often recognised by the consequences it may
types of Hate Crime, thereby
have in society. There may be devastating effects of such
committing themselves to
American Concepts of Justice.
expressions like discrimination, violence and fear among
the people. There is no fix definition of hate speech, and
Hate Crim e Bi l l - scholars have given different meanings from time to time. It
S c o t l a n d - Pr a n e e t a is widely agreed that hate speech is targeted to offend a
Tiwari person based on his caste, race, religion or maybe any such
disparity in his ideology.
On the 24th of April, 2020
Scotland enacted its Hate
India is a country having a diverse population belonging to
Crime Bill. Hamza Yosouf,
different religions, caste and class. The concept of the
Scotland’s Justice Secretary
remarked that the bill was
prohibition of hate speech came to protect the rights of the
‘ m i l e s t o n e ’ i n p ro t e c t i n g
v i c t i m s . Th e c i t i z e n s a re
protected by specific rules and
legislations with respect to
hate crime based on Religion,
Race and Sexuality.
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minority population. The political struggle entirely based

upon linguistic differences and religion can also be counted
as one of the primary reasons for the requirement of such
prohibiting laws.
Earlier, in the game of power politics, people tried to spread

hatred against each-others religion to secure votes in
elections. In this way, they always hurt the sentiments of
the other community. British considered it as the offence of
Jo u r n a l i s t s a n d Ha t e blasphemy then. To tackle such problems laws prohibiting
S p e e c h - Ad i t i S i n g h such speeches were enacted. In India, the Indian Penal
Chandel Code contains several provisions marking such speeches as
offences such as Section 153, Sec. 153A, Sec. 295A, Sec.
Recently FIRs were filed against
500, Sec. 505(2), Sec. 511 and Sec. 120B. Even if the
top TV Anchors for allegations of
spreading hate through their
police deny to register a FIR against any such person, then
news programmes.IPC Section we can attain an order directly from the magistrate under
295 (A) deals with Hate speech. Section 156(3) of the Criminal Procedure Code.
• Arnab Goswami, Editor-in With the development of information & technology sector,
Chief of Republic TV Network there has been an enormous increase in the number of cases
was booked at several places in violating these laws. Social media has given a massive
the country following his
platform for people to express their views freely. But
controversial program on
sometimes with malicious intent, they write or post
Palghar mob lynching when he
offensive contents, which is taken care of under these laws.
was accused of defaming
Congress President Sonia
Gandhi and communalising the In the landmark judgment of Shreya Singhal v. Union of
incident. This case was India, hon’ble Supreme Court of India scrapped Section
registered under Sections 153, 66A of Information and Technology Act, 2000 that gave the
153 A, 295 A, 500, 505 (2), 511 power to police to arrest the person for posting allegedly
and 120 (B) of the IPC. offensive contents on websites, as it was in derogation of
Article 19(1)(a) of the Constitution. Realising the loophole
• Zee News TV channel’s Editor-
that the statute had which could cover any opinion or
in-Chief Sudhir Chaudhary has
dissent, the Supreme Court declared it unconstitutional
been booked by the Kerala
clarifying the fact that it was outside the purview of Article
police under non-bailable
sections for his March 11
19(2) of the Indian Constitution.
program on ‘Jihad’ on his TV
show Daily News and Analysis Everything comes with its pros and cons. In one hand, these
(DNA) under Section 295(A). anti-hate speech laws prevent maliciously spreading hatred;
on the other hand, it also is seen as infringing the
• Amish Devgan, anchor of fundamental right to free speech and expression. These
News18 TV channel has been prohibiting laws are sometimes harshly criticised as well.
booked by the Mumbai Police
This is one of the never-ending fights between rights that
for allegedly spreading false
involves different jurisprudential approaches.
news on his show Aar Paar on
May 1 under Section 295(A)
and 124(A).
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CAA- NRC
CAA-NRC and Criminal Law by Pratyush Jena & Shreya :
The citizenship act of 1955, which mainly governs the citizenship facet in India, prohibits illegal
immigrants from acquiring Indian citizenship. Illegal immigrants are the ones who enter India
without valid documents. The 2019 legislation amends the act and grants citizenship to Hindus,
Sikhs, Christians, Buddhists, Jains, and Parsis - from Afghanistan, Pakistan, and Bangladesh, who
arrived in India before December 31, 2014. This act paves the way for Indian citizenship to the
immigrants who identify themselves with any of the given religion, even if they lack any
document to prove their residency. It also relaxes the provisions for "Citizenship by naturalization"
by reducing the duration of residency from 11 years to just five years
The act comes with one exception that the provisions on citizenship for illegal migrants will not
apply to the tribal areas included in the Sixth Schedule to the Constitution. It will also not apply
to the areas under the “Inner Line Permit” under the Bengal Eastern Frontier Regulation, 1873.
Issues with respect to the CAA:

One of the many issues associated with the act is whether it violates Art.14 of the Indian
Constitution or not. Art.14 guarantees all persons, residing within the territory of India, equality
before the law irrespective of their religion, race, caste, sex or place of birth. It permits laws to
differentiate only if the rationale for doing so serves a reasonable purpose. Now there are various
contrasting opinions subsisting among the people criticizing and defending the act. The critiques
of the act say that there is an absence of just
objective, and the classification is arbitrary.
While the contention of the government is
that the classification made with respect to
the religion of the immigrants is reasonable
and does not defeat the purpose of Art14.
Another argument against this act is that it
exerts prejudice and leaves out many
persecuted minorities like the Rohingyas,
Srilankan Tamils, Ahmediyas, etc. A
significant part of the populace
from Northeast India is also discontented
with the act. They believe that the kind of influx that will result from the implementation of the act
will be really problematic and will adversely affect their economic circs and cultural identity. Even
though the act leaves out regions included in the sixth schedule and ILP, approximately 70% of the
concerned area will still be under the ambit of this act, which is a major issue of concern for these
people. They claim that this act is against the ethos laid down after the Assam struggle in the
1970s and 80s and defeats the purpose of the Assam accord. But the biggest dissension against the
act is that it will work in concert with the proposed National registrar of citizens (NRC) to bring to
bear pernicious changes. It is argued that the diabolical amalgamation of the CAA and NRC will
curate unpleasant situation for people hailing from certain communities and will act against the
secular values associated with India
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CAA – NRC Protests

All the issues associated with CAA, mentioned above, catalyzed a pan-India resistance, which was
witnessed in the form of protests by political parties, activists, and students. The partakers of those
protests asserted that the act is communally polarising and discriminatory against the Muslim
community. They demanded the revocation of the act and deemed it essential to protect the secular
character of the Constitution. On the other hand, the government clarified that there would be no
retraction, "even by an inch," as the amendment act seeks to protect the persecuted minorities in
the said countries.
Rallies and dharnas erupted in almost all cities like Delhi, Mumbai, Kolkata, Kerala, Lucknow,
and others. Unique protests such as
the one at Shaheen Bagh, where
women staged dharnas for more
than months and blocked roads,
were also witnessed, and even
Supreme Court's attempt to pacify
and clear the blockades could not
bear results. The situation worsened
when the protests became violent
and took the form of riots in Delhi,
which saw many people being
injured, vehicles torched, and shops
looted. In response to the violence,
police used brutal force on the students of Jamia University, which was seen as an alleged attempt
to suppress the protesting students.
Post the Jamia incident, student protests in solidarity with the injured students as well as against
police brutality intensified across the country. Not only that but the anti- CAA protests across the
country also gained momentum with increased student participation. Even though 'leaderless,' the
protests witnessed participation of all kinds of people, from celebrities to politicians to
housewives.
However, taking cognizance of the riots and damage done, police has now booked several students
under the charges which have been severely criticized. Shafoora Zargar and Meeran Haider,
members of the Jamia Coordination Committee (JCC), have been booked under the Unlawful
Activities Prevention Act (UAPA) and for sedition under IPC for promoting enmity between
communities and instigating riots. Some people affirm that these actions are nothing but misuse of
provisions of law to suppress dissent and freedom of expression. However, the law enforcement
officials asseverate that appropriate charges have been framed against people who provoked
violence.
The recent turn of events has been highly emotive and contentious. There has been a tussle
between citizens' right to free speech and expression and the government's prerogative to maintain
law and order. It is important that a balance between the right to protest and public order is
achieved in order to ensure the democratic welfare of the nation.
12
Hyderabad
Gang Rape case
Hyderabad Rape and Encounter
Killing Case by Mrunal Mhetras
Facts
The gang rape and murder of a vet
in Hyderabad had evoked a
massive public backlash against the
police for their failure to help the
victim when she could have been
saved. She had called her family
and informed them of the situation which made her feel unsafe. The family then contacted the
police where they were met with indifference. The officers were suspended after the ensuing
outrage. The government officials engaged in different levels of victim-blaming. Telangana’s
home minister commented that despite being an educated woman, she did not call 100, which is
the police helpline number. The state’s Chief Minister took this opportunity to argue that female
government employees shouldn’t work after dark. This issue was debated by Parliamentarians and
one past celebrity even called for their lynching. In response, three police officers were suspended
and four people arrested. There were protests all over the country in support of the victim.
The suspects were taken to the crime scene early morning. They were shot when they tried to
escape, threw stones and tried to steal an officer's gun. The police maintained that they had asked
the suspects to surrender for about 15 minutes but they continued to attack the police with sticks
and stones. Several human rights organisations have demanded investigations to determine if they
were extrajudicial killings. As a result, thousands of people celebrated this on social media and on
the streets with firecrackers causing traffic jams. They even showered flowers on the police
officers involved. The police were hailed as heroes and compared to Movie heroes.
VC Sajjanar who is the commissioner of the police division which was hailed as a hero
previously in a strikingly similar incident. He had taken suspects in an acid attack case to the
crime scene where they were shot while trying to escape.
The public outrage generated by this incident led to the Legislative Assembly of Andhra Pradesh
passing two bills to bolster women’s safety in the State. The Andhra Pradesh Disha Bill -
Criminal law amendment Act 2019, expanded certain provisons of the Criminal procedure Code as
well as the Indian Penal Code and added a provision relating to harrasment of women in IPC and
sexual assault on children. It also provides for completion of investigation in seven days in cases
of heinous offences where conclusive evidence is available. The Andhra Pradesh Disha Act-
Andhra Pradesh Special Courts for Specified Offences against Women and Children Act, 2019,
provided for the constitution of special courts to ensure the speedy trial of certain offences against
women and children.
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Criminal justice system from a victim’s perspective

The conviction rate in India is 27.2% for reported rapes. So, a vast majority of the cases are not
even reported in India, As per the 6% of women have exoerinced sexual violence in Inida. Out of
that only 3.3 % of women who experience sexual violence even try to get help from the police.
The infamous Nirbhaya gangrape case which made headlines, caused massive public outrage and
led to enactment of tougher laws is the biggest example of how excruciatingly slow the judicial
system India actually is. This was a case of extremely high public outrage and massive public
support. So, it had to go through a lot fewer hurdles than most cases due to factors such as prompt
police investigation and arrests; and support to Nirbhaya’s family. Despite all this, the rapists were
hanged in March 2020 when the Rape took place in December 2012. When the Hyderabad
incident happened in November 2019, Nirbhaya still had not received justice after about seven
years. Slow trials may erode public confidence in the judiciary. This led to speculation that the
victim’s parents would have to run from pillar to post for a chance to get justice.
Rights of the suspect

A suspect of a crime enjoys several rights under the Indian Law. Article 21 of the Constitution of
India provides that “No person shall be deprived of his life or personal liberty except according to
procedure established by law”. It was held by the Supreme Court in various cases that a suspect
cannot be denied the right to life in police custody. In the case of Nilabati Behera where the
petitioner successfully sued the state for compensation for a custodial death, the Supreme Court
held that the state has an obligation to ensure that no infringement of the right to life of a citizen
takes place in its custody, except according to the law. The rights under Article 21 were held to
apply to people in police custody.
Right to a fair trial: The Right of the accused to a fair trial is one of the paramount principles in
criminal law. Right to fair trial is recognised by our domestic courts as well as internationally
through instruments such as International Covenant on Civil and Political Rights and the Universal
Declaration of Human Rights which provide for fair and public hearing by an independent and
competent legally established tribunal. It was held by the Supreme court in the case of Rattiram v.
State of Madhya Pradesh that the Right to a fair trial from a competent court is a fundamental part
of India’s Criminal jurisprudence and flows from the right to life and personal liberty enshrined
under Article 21. It was also upheld in the case of Mohd. Hussain Julfikar Ali vs The State where a
person was sentenced to death without legal representation.The right to a fair trial not just protects
the rights of the accused but it also protects the rights of the victim and the society in general. The
victim in the Hyderabad case also deserved a fair trial to ascertain the identities of the perpetrators
of the offence.
Presumption of innocence: Article 11 of the Universal Declaration of Human Rights also provides
for the right of the accused to be presumed to be innocent until proven to be guilty of the crime as
per the law through a public trial. The supreme court held in the case of the State of U.P. v.
Naresh that the principle of presumption of innocence is the basis of Indian criminal jurisprudence
and that it is a human right (with exceptions).
The situation with police encounters is that the legal principles such as the right to life, right to a
fair trial and presumption of innocence are thrown out of the window for what seems in the public
opinion, the right thing to do. However, we must recognise that these things are not just legal
14
dogma but are there to ensure fairness and justice. If the principle of the rule of law is ignored it
leads us to a situation where the enforcers of the law are the ones breaking it potentially leading to
a serious law and order crisis and police impunity. If the presumption of innocence of the accused
until proven otherwise and fair trial are ignored it leads to a disproportionate burden being put on
the accused which may lead to innocent people being punished. And lastly, if the right to life of
the accused is ignored, it exacerbates all the problems presented to a monumental level. The only
thing that decides the guilt of a person in the case of a police encounter is the opinion of the
police.
Police brutality
Police brutality is not something new in India, and neither are police encounters.This year too,
there have been several instances of police brutality including during the Anti CAA NRC protests
and the Covid 19 pandemic. So, with the current discussion on police power in India and the west,
it becomes imperative to analyse the legal framework in India for the same. There are several
reports which talk about the systematic issue of fake encounter killings in the Indian Police.
Criminal prosecution may also be a solution, however there is ample scope for the police to
retaliate against those who rise up against them.Such police encounters where the police end up
shooting a suspect during a visit are not uncommon. The factum of only having police shots at the
site is justified by claiming that the suspect snatched a fireman from the police and turned it on
them.
There are several legal and social barriers to successful prosecution of the police in cases of
encounter killing.Effective prosecution and investigation in matters such as the hyderabad case are
further hampered by the public opinion which celebrates them as heroes and the impact this has on
the political will. Governmental approval is required before prosecuting any public servant as per
The Criminal Procedure Code. Often, Police officers may be the only eyewitness in the case which
was the situation in the Hyderabad case. When investigation is directed by the National Human
Rights Commission it is conducted by the Central Bureau of Investigation or effectively the local
police. The NHRC in most cases only provides recommendations for compensation of victims. In
those rare vases where action is taken against the police, it is merely a slap on the wrist such as
temporary suspension or transfer. Effectively, in the present situation, the police are well aware
that they can get away with impunity. The code also provides for the police to use all means
necessary to arrest a person when such a person resists or attempts to evade arrest. Where the
person is not accused of an offence punishable with imprisonment for life or death, the provision
does not give the authority to cause the death of a person.
Conclusion
In the Hyderabad case, the police was hailed as a hero because the people thought that the police
had served justice. The police faced massive pressure due to their previous inaction and the public
outrage. The narrative put forth pointed to a possible situation where the people were hailing the
police because they did not believe the official accounts. The crime statistics, the conviction rate
as well as the very infamous Nirbhaya case which was still going on after seven years created a
situation where some people might think that encounters were perhaps the only way the victim
could get justice. Instead of faulting people for this, the better solution might be to push for
systemic reforms to ensure: women’s safety, better experience for the victim, ensure speedy trial,
higher reporting of cases and better conviction rates.
15
Covid and
Criminal Law
Protecting the Frontline Workers:
Epidemic Diseases (Amendment)
Ordinance, 2020 by Anshum
Agrawal
The world faced an immense

challenge this year, which
uprooted and devastated millions
of human lives throughout the
world. Unprecedented tangible
changes were brought around the
world to fight head-on with an
invisible enemy, the Coronavirus. In tandem with every other country on the globe, India too
prepared itself to fight the looming threat, made much more strenuous due to the vast population
base. The day-to-day groundwork to achieve this end was aided by scores of frontline workers
who offered their exemplary and selfless service to fight the common enemy. However, these
efforts were not enough to dissuade unscrupulous elements from harassing, threatening and even
attacking the frontline workers. These instances gave an account of the injustices and threats being
meted out to the frontline workers across the country. Most of the incidents occurred when teams
of medical personnel went to collect test samples or to ensure quarantine measures. For example,
Indore saw a team of doctors getting pelted upon by stones who were on their way to trace
contacts and collect samples for testing. Similarly, medical staff faced a violent mob attack at
Moradabad in UP, whilst they had gone to quarantine a family whose members had lost their lives
to COVID-19.Moreover, healthcare workers also faced excesses from family members of
deceased patients. In Chennai, apart from attacking, the mob went a step ahead and prevented a
surgeon.;s body from having a dignified burial. Apart from these overtly violent attacks, healthcare
workers also faced targeted harassment from housing societies and landlords who denied them
residence due to fears of getting others exposed to the virus.
The medical fraternity distressed and demoralised from these violent attacks and hardships faced
by their peers gave a call of action to the government. The call was in form an ultimatum calling
upon the government to ensure the safety of healthcare workers. As a response, the President
promulgated an ordinance, approved by the Union Cabinet, to amend the provisions of the
Epidemic Diseases Act of 1897. The two-page colonial-era law brought in force to fight the
pandemic underwent a six-page amendment. With the amendment, the government cleared its
stand and reiterated that they would make no comprises with the safety and security of the
frontline workers. The ordinance aimed to protect the frontline workers brought in sweeping penal
provisions and echoed the government zero-tolerance policy. The ordinance makes any act of
violence towards healthcare personnel or property damage a non-bailable and cognisable offence.
A cognisable offence simply means that any person accused of committing an act prohibited under
this legislation can be arrested without a warrant and making it non-bailable ensures that bail is
not granted to the accused person as a right. The provisions of the ordinance are widely drafted
(deliberately so) and include both an attack on the; and any property. The act mandates
imprisonment ranging between 3 months and five years coupled with a minimum fine of fifty
16
thousand rupees, extendable up to two-lakhs for both commission as well as abetment of the
act.To ensure more strictness and harshness, the act mandates that if the attack results in a
grievous injury (as defined under S.320 of the Indian Penal Code), imprisonment up to seven
years, coupled with a fine up to five lakhs, can be made applicable. The act aims to cover
healthcare workers such as doctors, nurses, paramedics, community health workers, ASHA
workers, and any such person who is empowered under this act to take outbreak prevention
measures. In addition to the imprisonment and fine levied, the act also makes an accused person
liable to pay compensation to the affected party for any damage to property, such compensation
being twice the amount of property destroyed. The substantive portion of the ordinance is clear
and unambiguous and is drafted to serve as an effective deterrent. The punishment prescribed is
significantly harsher than the penal provisions prescribed for similar acts under the IPC. The act
has a wide ambit, and ;attacks;, as defined, includes any harassment meted out to the healthcare
workers by the public, landlords and neighbours. This provision places the act on a higher pedestal
than the individual state legislation, which was focussed only on the physical ; component of the
violent acts. Moreover, the central legislations attract much severe penal liability than the state
legislations. The coming in of an expeditiously drafted central government legislation with a clear
policy statement helped assuage fears in the mind of frontline workers and can be said to have
worked as an effective deterrent.However, in addition to the harsh penal provisions the act carries,
it also takes upon the task to incorporate some procedural changes, prima-facie aimed to drive
home the government’s stand on such acts of violence. The act mandates that all necessary
investigation should be concluded within 30 days of the filing of an FIR and the court should
deliver its final decision within a year.
These provisions are incorporated to ensure that justice is delivered expeditiously and such
morally corrupt acts are penalised as strictly as possible. The most controversial aspect of this
legislation is contained in Clauses 3D and 3C. Clause 3C makes a striking departure from the
usual criminal law practice of treating accused as innocent until proven guilty. The clause
empowers the courts to raise a presumption in cases of grievous hurt that the accused has
committed the act unless the contrary is proved. Further, Clause 3D provides that the existence of
a culpable state of mind, as required for the crime of grievous hurt, should also be presumed by
the courts to be present with the accused. The provision burdens the accused to rebut such a
presumption of culpability by proving the fact of his innocence. However, in a further sub-clause,
it is mandated that such a fact of innocence will be said to be proved only when a court is satisfied
beyond a reasonable doubt on not on a mere preponderance of probability. The combined effect of
both the clauses makes this legislation heavily skewed against any person accused of committing
the prohibited acts. Having such a provision raises alarms on its constitutionality as they seem to
violate the basic principles of criminal law and are prima-facie unreasonable and unfair to any
accused person.
Hopefully, the short term and temporary legislation serve its intended purpose and bolster the
spirits of our & corona warriors; and deters criminal activity against them. Taking a lesson from
these incidents, the government should resolve to have permanent legislation to ensure the
protection of healthcare workers in a post-pandemic world. Moreover, the present ordinance is
short term and will be inoperative when the epidemic has been dealt with. So continued protection
of our medical workforce should be ensured by enacting a comprehensive and meticulously
drafted policy which deters any kind of criminal activity against the medical fraternity.
17
Economic
Offences
Economic Offences and Criminal
Law by Deepanshu Agrawal
The term economic offences in

simpler sense point towards an
offence committed in respect of
economy, thereby meaning a
criminal wrong which harms the
financial state of the nation. This
concept delves into inter-relation
between Commercial Jurisprudence and the Criminal Jurisprudence. Economic offences besides
victimising individuals (a feature of normal crime) with a pecuniary loss also have some serious
implications on the overall state of the country’s economy. The past year saw news related to
financial frauds, money laundering, economic fugitives, white-collar crimes get place in the
headlines of newspapers as well as Prime Time Debates of the News Channels and this makes us
duty-bound to discuss more regarding this category of crime.
The year, on the one hand witnessed the provisions of the Prevention of Money Laundering Act
2002 (PMLA) being significantly amended in an attempt to make it better armoured to detect
suspicious transactions and target terror financing, on the other hand it had seen the Yes Bank
Financial scam of more than Rs. 5,000 crores. The Rs. 11,000 crores PNB Scam case as well as
Rs. 9,000 crore Vijay Mallya Case also saw new updates with India awaiting their extradition from
the United Kingdom, the country to which they have fled.
As the Criminal Justice System, which in this case, besides the police and the courts comprises of
the investigating agencies such as Enforcement Directorate, Anti-Corruption Bureau, the CBI,
fights to combat economic offences and money laundering, the 73.8 percent increase in the
amount involved in the banking fraud cases as per the Annual Report for the Financial Year
2018-19 points towards a lot of problems. It also explains the imminent need for much stricter
government regulations and stringent enforcement of the money laundering laws.
If we see in this light, the amendment carried out in the 2002 PMLA Act seems sensible. However,
it is far from being not debatable. The act undoubtedly introduces greater and more nuanced
reporting obligations for the reporting entities, who will now have to do a detailed authentication
with regard to transactions that look suspicious or carry a high risk of money laundering or terror
financing; however , on the other hand, critiques are pointing out that the bail provisions of PMLA
and a presumption against the innocence of accused violate several fundamental rights attributed
to citizens by the Constitution. There has also been debates regarding decriminalisation of minor
economic offences like Cheque Bouncing with the Government claiming that it would provide
18
Economic Crimes - A relief to Small scale businesses and would boost India’s
Class Apart - Praneeta ranking of ease of Doing Business, some stakeholders
Tiwari question this approach by saying that the move will dilute
legal remedies available to the lender to recover their
The Supreme Court set aside
the bail application of Bhushan legitimate dues.
Steel’s ex-CFO, Nittin Johari.
Johari was arrested by Serious
These debates bring us back to the core clash of the
Fraud Investigation Office for Criminal Justice System, i.e. preserving interests of a state
alleged embezzlement and or upholding the interests of the citizens. Through this
fraud. The Court expounded topical piece, which provides a glimpse of all major events
the seriousness of economic
which took place in the area of Economic Offences and
offences by stating “ Economic
offences constitute a class Criminal Law, we invite our readers to develop an own
apart and need to be visited opinion regarding the issues, contribute towards academic
with a different approach in the discourse in this arena and try to reach a conclusion as we
matter of bail. The economic
attempt settle this debate. It is hoped that the discourse
offences having deep-rooted
conspiracies and involving
contributed in the area of criminal law and economic
huge loss of public funds need offences through blog pieces, articles and opinion editorials
to be viewed seriously and would provide an opportunity for all of us to delve more
considered as grave offences into the core issues which seriously has the potential to
affecting the economy as a
undeniably harm the state of the Indian economy and thus
whole and thereby posing
serious threat to the financial the public welfare.
health of the country” and
thus, rejected his bail grant.
VVIP Chopper Money

Laundering Case -
Praneeta Tiwari
Delhi High Court with respect

to the VVIP Chopper case
denied bail to Shivani Saxena,
the director of two Dubai
based firms, accused for the
same. Saxena was caught in
Chennai and chargesheeted
under various sections of
PMLA by ED for siphoning of
funds and other ancillary
economic offences.
The Delhi High court rejecting

the bail, agreed with the apex
c o u rt i n t h i s m att e r a n d
thereby stating that Economic
offences need to be dealt with
a heavy hand.
19
THE MONTHLY
June | 2019 | Criminal News
Anticipator y Bail
Provisions Re-inserted
in U.P - Nitin Kr. Verma
The provisions relating to

Anticipatory Bail have been
reincorporated in the State of
Uttar Pradesh. It is relevant to
mention here that the
provisions of anticipatory bail
as envisaged under Section
438 of the Code of Criminal
Procedure was withdrawn by
the UP Government at the time
of emergency by the Criminal
Procedure Code (Uttar Pradesh The Muslim Women (Protection of Rights on Marriage)
Amendment) Act,1976. Act, 2019: The Criminalisation of Triple Talaq by
Gauhati High Court Simran Upadhyaya
Grants Bail to
On 21st June 2019, the Minister of Law and Justice, Mr
Mohammed Sanaullah-
Nitin Kr. Verma Ravi Shankar Prasad introduced The Muslim Women
(Protection of Rights on Marriage) Bill in the Lok Sabha.
Th e G a u h a t i H i g h C o u r t Consequently, the bill became an Act as it passed both Lok
granted interim bail to Sabha and Rajya Sabha, and received President’s assent.
Mohammed Sanaullah, the
Kargil war veteran who was The Act declares pronouncement of talaq by Muslim
declared a foreigner by a Husband upon his wife by word, spoken or written or in
tribunal in Assam last month any electronic form, to be void and illegal. It explicitly
and sent to a detention camp. define talaq to include talaq–e–biddat or any other similar
A division bench passed the form of talaq that provides scope for instantaneous and
orders against bail bonds of Rs irrevocable divorce on being pronounced by the husband.
20,000 and two sureties, but The Act provides for three years of imprisonment along
asked the retired soldier not to with a fine for any Muslim man who divorces his wife
leave the territorial jurisdiction
through Triple Talaq. The Act makes the offence
of Kamrup district without
cognizable, but the right of registration of the complaint lies
informing the Superintendent
with the woman or any person related to her by blood or
of Police(Border). The bench
also issued notices to all the
marriage. The Act declares the offence to be non-bailable
respondents of the case. unless the wife assures the court to grant bail to her
husband. It also authorises the Magistrate with the power to
20
declare the offence compoundable, under certain terms and conditions, and upon a request made
by the wife against whom the talaq is pronounced. Furthermore, the act stipulates that a divorced
Muslim woman has the right to receive subsistence allowance from her husband and has the right
to custody of her minor child. The passage of the Muslim Women (Protection of Rights on
Marriage) Act, 2019 repealed the Muslim Women (Protection of Rights on Marriage) Second
Ordinance promulgated on 21 st February 2019.
Kathua Case Verdict: Court convicts 6 of 7 Accused, Sentences 3 to Life by Nitin Kr. Verma
A special court in Pathankot on June 10 convicted six out of the seven accused in the rape-and-
murder case of an eight-year-old nomadic girl in Jammu and Kashmir’s Kathua.Reports suggest
that three of the main accused – Sanjhi Ram, Deepak Khajuria, and Parvesh Kumar have been
awarded life imprisonment. The three policemen convicted for destroying evidence in the case –
Anand Dutta, Tilak Raj, and Surender Verma – have been awarded a sentence of 5 years’
imprisonment. The case involved the abduction, rape and murder of an eight-year-old child in
Kathua, Jammu & Kashmir back in January 2018. The verdict was passed by District and
Sessions Judge Tejwinder Singh, who had reserved judgment on June 3. On January 17, 2018, the
dead body of the victim was found in Kathua by the police, days after her father had reported her
missing. The girl was drugged and raped over several days before she was throttled to death. The
criminal investigation culminated in the arrest of seven persons. They were charged with rape,
kidnapping, attempt to destroy evidence, and criminal conspiracy under Jammu & Kashmir’s
Ranbir Penal Code. The arrested men included a Hindu temple priest, his son, his nephew, as well
as four policemen.
The case assumed communal undertones after a narrative emerged that the crime had been
committed in an attempt to drive out the Muslim nomadic community to which child belonged to.
Further controversy erupted after several sections of the public came out in open support of the
accused, decrying their arrest as an attempt to victimise Hindus. The lawyers appearing for the
victim’s family, including Advocate Deepika Rajawat, had also approached the Supreme Court
contending that they were being threatened against appearing in the matter by the Jammu and
Kashmir Bar Association. The trial in the case initially commenced at Kathua in April last year.
However, the volatile circumstances surrounding the case eventually prompted the Supreme Court
to transfer the trial outside Jammu & Kashmir to the District and Sessions Court of Pathankot,
Punjab.
First ever Life Imprisonment under the Hijacking Act,2016 by Nitin Kr. Verma
First-ever NIA special court in Ahmedabad recently pronounced the judgment Jet Hijacking Case,
making the accused Birju Kishor Salla the first convict under the Anti Hijacking Act, 2016. He
prepared a hijack note in English or Urdu in Mumbai to Delhi flight. He boarded on October 30,
2017, a Jet Airways flight from Bombay to Delhi and stuck this note in the tissue box of front
toilet shortly after take-off: in the note, this Flight No. 9W 339 is covered by Hijackers and aircraft
should not be land. And don’t take it as a joke. Cargo area contains explosives bomb and we blast
if you land Delhi and take it straight to Pakistan…And Allah is great.’ But pilot and co-pilot
immediately inform to air trafficking system and take emergency landing in Ahmedabad. Birju
21
was arrested on suspicion and soon confessed to having thought up this scheme in an attempt to
defame the airline and force its closure.
Thus, he became the first person to be prosecuted under the stringent new Anti – Hijacking Act
2016. Further the Special Judge (NIA) also noted that, under section 16(b), the Designated Court
shall presume, unless the contrary is proved, that the accused had committed such offence, if there
is evidence of use of force, threat of force or any other form of intimidation caused to the crew or
passengers in connection with the commission of such offence. In the present case, the recovery of
the threatening note was enough for the court to presume that the accused has committed an
offence under section 3.” And he was punishable under sections3(1), 3(2) (a) and 4(b) anti-
hijacking act. And section 3 said that ‘whoever unlawfully and intentionally seizes or exercises
control of an aircraft in service by force or threat thereof, or by coercion, or by any other form of
intimidation, or by any technological means, commits the offence of hijacking. Sec 3(2)(a) makes
a threat to commit such offence or unlawfully and intentionally causes any person to receive such
threat under circumstances which indicate that the threat is credible; or an sec 4(b) with
imprisonment for life which shall mean imprisonment for life which shall mean imprisonment for
the remainder of that person’s natural life and with fine . In the city session court of Ahmedabad
NIA special case No 1 2018 State of Gujarat Vs. Birju Salla xv
NIA Court Rejects Pragya Thakur’s Plea to waive presence in the Malegaon Blast case by
Nitin Kr. Verma
A Special National Investigation Agency (NIA) Court has rejected a plea by BJP Member of
Parliament, Pragya Thakur, seeking a permanent exemption from attending court in connection
with the 2008 Malegaon blasts case. As per reports, Thakur’s request was premised on the fact that
she was now a Member of Lok Sabha and had to attend the Parliament on a daily basis. She had
also cited security issues, ill- health and distance as grounds for the exemption. The NIA Court
rejected the plea while observing that these grounds were not reasonable enough to grant a
permanent exemption from appearance before Court. On June 3, the NIA Court has had directed
Thakur along with other accused persons to appear before it once a week to attend the proceedings
which are otherwise proceeding on a day-to-day basis.
Pragya Thakur is the prime accused in the 2008 Malegaon blasts, which claimed the lives of ten
people and injured over 80 others. The hearings in the case are progressing before the NIA Court
on a daily basis. As of today, 116 witnesses have been examined by the court. Counsel for one of
the intervenors in the case, Advocate Shahid Nadeem Ansari told Bar & Bench that 300
witnesses are yet to be examined. In April, the NIA Court had rejected an application filed by the
father of one of the victims of the blasts seeking to restrain Thakur from contesting the 2019 Lok
Sabha Elections. The Court dismissed the application paving the way for the BJP candidate to win
the election from the Bhopal constituency.
22
July | 2019 | Criminal News
Definition of Rape not National Investigation Agency (Amendment) Bill 2019

to be altered? - Nitin passed by the Parliament by Apoorv Shukla
Kr. Verma
The Parliament passed the National Investigation Agency
(Amendment) Bill, 2019. It is an amendment to the National
Stating that, women are the
Investigation Agency (NIA) Act, 2008. The Act had setup a
predominantly the victim of
national-level investigation agency to probe and prosecute
Rape, centre has told the Delhi the offences listed in a schedule (scheduled offences). To try
High court that the Rape laws the scheduled offences, it provides for necessary
can’t be made gender neutral. establishment of Special courts. The amendment was passed
Opposing a PIL , the central in order to grant more powers to the investigation agency.
govt has emphasised that
sections 375 and 356 of Indian The offences to be probed and prosecuted by the said agency
Penal Code were enacted to “ are enlisted in the schedule to the Act. It includes offences
protect and keep a check on
under Acts like Atomic Energy Act (AEA), 1962 and
Unlawful Activities Prevention Act (UAPA), 1967. In
the rising level of sexual
addition to these offences, the Act also provides the NIA
offences against women in
power to investigate the offences pertaining to Explosive
India”. It also pointed out that Substances Act (1908), fake currency or counterfeit notes,
there are already separate laws cyber terrorism, human-trafficking and manufacturing or sale
like POCSO Act and section of prohibited arms.
377 of IPC to deal with sexual
offences against minors and The Act provides the NIA officers with the same powers as
unnatural sex. that of the police officers with respect to the investigation of
the scheduled offences across India. The Act grants the
Coal Mining Fine - 100 power to the NIA officers to investigate the offences
Cr.! - Apoorv Shukla committed against the Indians and Indian interests outside
the country. NIA holds can investigate such offences as if
A bench comprising of they had been committed within the country on the orders of
Justices Ashok Bhushan and the Union government. The Union government holds the
KM Joseph has directed the
power to direct the agency to investigate such cases, as if
they had been committed in India. The jurisdiction over such
state of Meghalaya to deposit
cases has been granted to the Special Court in New Delhi.
a fine of Rs 100 crore. An
For the trial of the scheduled offences, the Union
a p p e a l w a s fi l e d i n t h e government could establish Special courts with the powers
Supreme Court against the granted to it by the Act. The Bill changes it and states that
order of the National Green Sessions Courts can be designated as Special Courts by the
Tribunal (NGT) dated January Union government for the same purpose.
4 , 2 0 1 9 . Th e N GT h a d
imposed a fine of Rs 100 crore However, before according such designation, there is a need
upon the State for failing to to consult the Chief Justice of the High Court under which
stop the illegal coal mining in
the Sessions Courts function. The senior-most judge will
hold the power to allot the cases among the courts if more
the state. The top court has
than one Special Courts are designated for an area. State
directed the state to deposit
governments may also accord the designation of Special
the amount of fine with the Courts to the Sessions Courts for the trial of scheduled
CPCB thereby directed the offences.
state administration to hand
over the illegally mined coal to
the Coal India Ltd for auction.
23
ICJ prono unces its Centre re-defines Child

Verdict in Kulbhushan Porn, Proposes Stiff
J. Case-Nitin Kr. Verma
Penalty by Nitin Kr.
The International Court of
Verma
Justice, Hague has given its
The Cabinet has amended
verdict in the famous
the POSCO Act to include
Kulbhushan Jadhav Case. ICJ
a new definition of child
has ordered Pakistan to review
the decision of death penalty
pornography. According to the new definition, “Any visual
Kulbhushan Jadhav depiction of sexually explicit conduct involving a child
announced by a Pakistani which include photographs, video, digital or computer-
Military Court on the charges generated image indistinguishable from an actual child and
of “espionage and terrorism”. an image created, adapted or modified but appear to depict
ICJ further ruled that Pak has a child.” is child pornography. According to the
clearly violated the spokesperson of the Women and Child Development
international laws, as it has Ministry, the law will also apply to pornographic content
denied India consular access where adults or young adults pretend to be children. As per
to the ex- navy officer Jadhav. the initiative taken by the Ministry of Women and Child
Development, from now there will be zero tolerance for
child pornography and for that reason this new definition of
Marital Rape, A ground child pornography was essential as definition leads to
for Divorce, Delhi HC - setting the context of the crime.The Cabinet has also
Nitin Kr. Verma enhanced the fine for possessing child porn to ₹5,000 from
A plea was filed in the high
₹1,000.
court of Delhi seeking
directions to the centre for
framing guidelines for SC takes the note of an ‘Alarming Rise’ in Child Rape
registration of FIR in cases of Cases by Nitin Kr. Verma
Marital Rape and to form laws
to make this a ground for The Supreme Court has taken note of the alarming rise in
divorce. The plea was first filed the number of rape incidents against children and said it
in the Supreme court which will pass directions to ensure a concerted and clear national
refused to entertain it and response against such acts. A Bench led by Chief Justice
d i r e c t e d t h e p e t i t i o n e r, Ranjan Gogoi said the Supreme Court had prepared a list of
advocate Anuja Kapur to child rape cases in the past six months, from January to
approach the High Court for June 2019, and found that out of the 24,000 cases lodged in
relief.The bench consisting this period, only 900 had completed trial and disposed of.
Chief Justice D.N Patel and The bench has decided to take Suo motu cognisance of
Justice C. Hari Shankar ruled various reports of newspapers and portals on rising
that the court cannot direct
incidents of child rape. It appointed senior advocate V Giri
the government to frame the
as amicus curiae and asked him to assist it in framing
laws hence, this issue of
guidelines on the kind of directions that can be issued to
marital rape should be dealt
by the legislature.
states on infrastructure and video-recording of the
proceedings. It made clear that no third party except Giri
and Solicitor General Tushar Mehta would be allowed to
intervene in the matter.
24
August | 2019 | Criminal Law
Ja i r B o l s o n a ro -
Crimes against
Hu m a n i t y by
Sharique Uddin
As the deforestation of the
B r a z i l i a n A m a z o n h i t t h e
highest level since the current
monitoring system began in
2015, a group of lawyers
prepared to file a complaint
against the president of Brazil,
Jair Bolsonaro, for crimes
against humanity and ecocide
at the ICC. Judicial Magistrates Allowed to Compulsorily Direct
Accused’s to Record Voice Samples by Sri Hari
Since Bolsonaro took office in
January 2019, deforestation in
Mangalam
the Amazon has increased
The Supreme court in a landmark judgement on 2 nd
significantly and widespread
August 2019, repealed the longstanding provision
fires raged in the region in
available with the criminally accused to deny the recording
August. Ecocide is the criminal
destruction of the environment
of any of their voice samples, despite valid investigative
and it includes causing loss, requirements. The apex court held that Judicial Magistrates
damage to or destruction of are empowered to direct respondents facing criminal
ecosystems. charges to record their voice samples with the respective
investigative agencies to better facilitate their working. The
move is a substantial shift from the earlier provision of
The ICC widened its remit in
deniability provided to the accused; a factor which no
2016 to prioritise crimes that longer is available. In Ritesh Sinha v. State of Uttar
result in the “destruction of the Pradesh, 1 the court held that a compulsion to record voice
environment”, “exploitation of samples does not infringe upon any of the individual’s
natural resources” and the rights. The voice samples form a substantive part of various
“illegal dispossession” of land. investigations, and the requirement to record and document
such notes is a basic requirement for multiple investigative
agencies.
Alternatively, the Code of Criminal Procedure, as pointed by then Chief Justice Ranjan Gogoi,
does not hold any provisions which empowers the Judicial magistrates to direct the accused to co-
operate and provide their voice samples. 2 There is no legal provision which makes it compulsory
for the criminally charged to necessarily record his/ her voice. Nevertheless, the three-judge bench
passed a differing rule, exercising the courts extraordinary constitutional powers under article 142
of the constitution. Justice Deepak Gupta and Anirudhha Bose, said that it was within the court’s
25
powers to confer the right to judicial magistrates mandating the necessary recording of voice
notes, and to compulsorily make the accused give a sample of their voice to enforcement agencies
for easier investigations. The power was conferred to Judicial Magistrates via the apex’s court’s
exercise of its extraordinary powers guaranteed by the constitution.
The court also held that necessarily mandating respondents to give samples in an ongoing criminal
case does not infringe upon any of their rights. Moreover, a specific provision dealing with issues
of the same will allow a reasonable application of legal provisions and also subscribe a particular
extent to which the ambit of the existing laws can be held in-exploitative. There will be a certain
extent to which now the principles of applications can be extended, a particular ruling dealing with
the subject matter of voice samples will not only delegate newer powers to the magistrate but also
situate a position of necessary control where the limits of these constitutional guarantees are
defined. To deal with the particular aspect of the violation of the fundamental rights of privacy.
The court held the right of privacy, as earlier denounced in the Aadhar ruling, is not a fundamental
one and reasonable restrictions can be imposed on this provision of the constitution. The necessary
recording of the accused voice samples to further probe agencies forms an important provision of
both the executive as well as legislative tenets, and the fundamental right of privacy must bow
down to such a provision of public interest.
Protection of Children from Sexual Offences (Amendment) Bill, 2019 passed by the
Parliament by Apoorv Shukla
With an aim to provide more stringent punishments for child sex abuse, the Parliament passed
Protection of Children from Sexual Offences (Amendment) Act, 2019. It is an amendment to the
Protection of Children from Sexual Offences Act (POCSO), 2012. It furnishes the legal
mechanism to safeguard children from the offences involving sexual harassment, sexual assault
and pornography. The Bill got the clearance from the Upper House on July 24, 2019 and the
Lower House passed it on August 1, 2019. The Bill increases the punishment for penetrative
sexual assault from 7 years to 10 years. If the perpetrator commits the same offence on a child
below 16 years of age then the offender will be sentenced to an imprisonment for 20 years to life
with fine.
The Bill makes an addition of two more grounds to the definition of aggravated sexual assault.
First one being, assault resulting in death of the child and the second one being the assault
committed during any situation of violence or a natural calamity. It increases the minimum
punishment for the offence from 10 years to 20 years and maximum punishment to death penalty.
26
September | 2019 | Criminal Law
Jharkhand HC on Acid
At t a c k - A k a n k s h a
Vashishta
Jharkhand High Court has

ordered the state government
to file an affidavit in compliance
with the Supreme Court
guidelines on how the heinous
crime of acid-attack is treated in
the state. The urgency of
Jharkhand HC seems a result of
another infamous acid attack
case in the state Sonali
Mukherjee v. Union of India.
Virtuoso of Criminal Law, Jethmalani Passes away by
Minor Detention in Sri Hari Mangalam
J&K - Akanksha
Vashishta Eminent Jurist and one of India’s finest criminal lawyers,
on September 8 2019 passed away after suffering from
The Jammu and Kashmir Public prolonged illness. He breathed his last on a Sunday
Safety Act, 1978 once again
morning, at his New Delhi residence after his health had
came into limelight when two
shown significant deterioration over the past two weeks.
minors aged 14 and 16 were
detained under its provisions. A Mr. Jethmalani, born in the Sikhapaur of Sindh Province in
ruckus developed demanding September of 1923, and is remembered for his various
t h e re l ea s e o f t h e m i n o r
criminal litigants and court proceedings. He fought many
detainees after the Central
high-profile cases and emerged victorious in quite a few, at
Government has scrapped
the Supreme Court, High Court and Lower courts. One of
Article 370. The demand was
j u s t i fi e d b y c i t i n g t h e
the most popular judgements, in which he played the
amendment to the Public Safety prosecutor was K.M Nanavati v. State of Maharastra.
Act in 2012. Section 8 of the Act
1. The ruling set the parameters for the fourth exception of
now mandates that it would be
section 300 of the Indian Penal Code-Grave and Sudden
illegal to hold minors i.e. those
below 18 under detention. In
provocation.
this regard, the relatives of the
2. He also fought the incredibly controversial Nalini v.
minors had filed a habeas
State of Tamil Nadu;
corpus petition for their release.
The Supreme Court of India has 3. The criminal litigation for conspiracy in Rajeev Gandhi’s
asked the J&K Juvenile Justice 2001 assassination, judged at the Madras High Court. He
Committee to submit new
defended Harshad Mehta in the Securities scam of 1992
reports pertaining the
and represented Manu Sharma in the Jessica Lal murder
detention of minors in the
case.
Union Territory.
27
His most controversial representation has probably been of Afzal guru, for his defense against the
life sentence granted to him by Indian courts; calling the judgement a result of media trials.
Jethmalani served as the president of the Supreme Court Bar Association in 2010 and was elected
as a Bharatiya Janata Party’s Member of parliament for two successive stints in the Lokh Sabha.
He had the Urban Development portfolio in Atal Bihari Vajpayee’s prime minister ship. Mr.
Jethmalini’s demise is a huge loss to all of the legal fraternity and was extensively mourned by
Indian practitioners. His death marks a great gap in the practice of criminal law and its related
elements. The man was not only a very successful lawyer and but also an equally prominent and
effective politician.
Case Judgment Priti Kumari vs State of Bihar: SC in a landmark verdict opines that wife
can file a complaint under IPC Section 498-A even from her place of residence. Reiterates its
earlier Judgment of Rupali vs State of UP by Prashasti Mishra
The Supreme Court of India in this case with the bench comprising of CJI Ranjan Gogoi, Justice
Sanjay Kishan Kaul, and Justice L.Nageshwar Rao gave verdict related to the issue of Jurisdiction
in cases under Section 498 A of the Indian Penal Code which is harmonious to the provision of the
Hindu Marriage Act and Domestic Violence Act where the wife has the right to file case at the
place of her residence during the time of petition.
In appeal by the petitioner the issue before the court was that whether in the case where cruelty
has been committed against a woman in her matrimonial home in the hands of her husband or his
relatives and she is forced to leave her matrimonial residence and take shelter in parental home
located at a different place. Further there has been no overt act of cruelty or harassment committed
by the husband at the residence of her parents where she had taken shelter. Will in such instances
the court at the parental home of the woman have the jurisdiction to entertain the complaint
submitted under Section 498A of IPC. For deciding the case the provisions of Section 177,178 and
179 of Code of Criminal Procedure 1973 (Cr.P.C) were required.
The Section 177 of Cr.P.C engrafts the ordinary rule that the court under whose local jurisdiction
an offence is committed it will have the power and authority to ordinarily take up cognizance of
the offence which is in question. The exception to this rule in enshrined in Section 178 which
permits the courts of a different local area where the offence has been partly committed to take the
cognizance of the matter. The said section also states that in case an offence which has been
committed in one local area continues to be committed in another local area the court of the latter
place shall be able to take up the matter to give its decision. Further under section 179 of the
Cr.P.C. if by the reason of the consequence originating from a criminal act an offence is
occasioned in any other jurisdiction, the court in other jurisdiction will also be competent to take
cognizance of the matter. These two sections led to the conclusion that in case an offence is
committed in one place and partly in another or if the offence in question is a continuing offence
or where the consequence of criminal act result in an offence to be committed at any other place
then the exceptions to the ordinary rule will be adopted and the courts will cease to have the
exclusive jurisdiction to take up the trial of the said offence.
Another point that the court took into consideration was the question of continuing offence. The
court observed from the case of State of Bihar v. Deokaran Nenshi that a continuing offence is one
28
that is susceptible of being continued and is different from the offence which is committed for
once and for all. There exists an ingredient of continuance of offence which is committed every
time a failure to obey a rule is made.
The court discussed about the ambits of cruelty under Section 498A IPC and stated that cruelty
can be both physical and mental to the wife. The court held that the emotional or psychological
distress caused to the wife by overt acts of her husband or his relatives; being driven away from
the matrimonial home along with her inability to come back to the same residence because of the
fear of being ill-treated at her matrimonial home have to be included within the domain of 498
A.The court also laid emphasis on the point that the even if physical cruelty which has been
suffered by the wife in her matrimonial home ceases to have been committed on wife at her
matrimonial home the mental trauma of the said act including verbal abuses by husband continue
to sustain even at the parental home. These sufferings will be attributed to be consequences of the
acts that have taken place at the matrimonial home. The court held that these consequences are
ones which are contemplated to be part of Section 179 and thereby the courts taking account of the
facts of the case in place where the wife has taken shelter after leaving or being driven away from
her matrimonial home will also have the jurisdiction to entertain the complaints filed under
Section 498A of IPC.
Divergent Dying Declaration by Akanksha Vashistha
The concept of dying declaration is inscribed in the Indian law in the form of Section 32(1) of the
Indian Evidence Act. Any written or verbal declaration made by a person as to the cause of his
death or any of the circumstances of that event which resulted in the death can be treated as a
dying declaration. The very idea that a person is not in the capacity to lie while facing death makes
this declaration an effective tool to incriminate the accused.
However, it is a possibility that the deceased person makes multiple dying declarations which have
different effects on the case concerned. While one dying declaration may make the victim’s
contention stronger, the other one can make the accused’s side gain more weight. Such a case
recently came before the Supreme Court of India regarding which declaration to be considered in
case of such multiple dying declarations. The case was named Jagbir Singh v. State [(2019) 8 SCC
779] where the accused, a CRPF personnel had allegedly murdered his wife by burning her alive.
The deceased had given three dying declarations out of which the last one incriminated the
accused but others did not. In this light, the Supreme Court has held that in case of such “divergent
dying declarations” the Court need not consider the law but critically access the facts of the case.
The Court need not go by the convention of incriminating the accused on the basis of only that
declaration which ropes in the accused as a convict. If the circumstances point at the guilt of the
accused, then the court can approve of the dying declaration of the victim that has weight against
the accused.
29
TODAY’S NEWS
October | 2019 | Criminal Law
Germany charges two Case Analysis of Vinubhai Haribhai Malviya vs. State of
Syrian secret ser vice Gujarat by Aanish Aggarwal
officers with Crimes
This case arises from the dispute between two parties
a g a i n s t Hu m a n i t y -
regarding the ownership of a piece of agricultural land
Sharique Uddin
located near Surat, a city in the state of Gujarat. During the
G e r m a n p r o s e c u t o r s proceedings, the district magistrate, on appeal by the
have charged two alleged accused persons, ordered further investigation on account
members of Syria’s secret of the new facts that had come to light which would then
service with crimes against incriminate the complainant. The investigation was ordered
humanity that include torture, under Section 173(8) of the Code of Criminal
murder and multiple sexual Procedure,1973 (herewith referred to as CrPc). The matter
assaults against opposition then went on to the High Court which held that
activists. It is alleged that the investigation ordered by the Magistrate post-cognizance
men were members of Syrias
was ultra-vires the CrPc and thus the appeal made by the
General Intelligence
accused was rejected. The matter then goes on to the
D i re c t o r a t e . R a s l a n , w h o
Supreme Court which thus stands to decide whether the
according to German
prosecutors led the branch’s
investigations ordered by the magistrate were intra-vires
investigative team, is charged and permissible or the adduced evidence stands
with the torture of at least impermissible.
4,000 people during
The Apex Court in its judgement quoted Article 21 and
2011-2012, resulting in 58
deaths.
significant judgements made in the regard where the state is
under obligation to provide fair and speedy trial to the
C I A b a c ke d A f g h a n parties. It then went on to say that the magistrate must use
forces a ccus ed of all the tools available to him to ensure that the trial remains
committing war crimes fair. It then went on to explain that the magistrate may order
- Sharique Uddin further investigation under 173(8) and went on to interpret
section 156 of the CrPc. It also overturned the decision
According to Human Rights
Watch report published in
October, Afghan strike forces
backed by the CIA have
committed abuses amounting
to atrocities and possible war
crimes. The report documents
14 cases in which CIA-backed
Afghan strike forces
committed serious abuses,
between late 2017 and mid-
2019, which HRW say are
illustrative of a wider pattern of
serious violations.
30
given by the Supreme Court in Devarapalli Lakshminarayana v. V. Narayana Reddy, 1 where the
Court declared that a judge may not order any investigation under 156(3) post-cognizance stage
since the word investigation read under 156 should be read in consonance with 2(h) of the CrPc. It
said that the judge has got wide powers under 156(3) where he may order any investigation in the
interest of the case under section 173. The order given out by the judge under 156(3) would not be
contrary to any provision of CrPc and would rather be in the interest of the complainant and the
accused in the long run. The Court also said that “the criticism that a further investigation sby the
police would trench upon the proceeding before the Court is not of a great substance as the final
discretion to do so lies with the magistrate.” The Court also illustrated that the CrPc is a
procedural document and thus must be construed as such that justice and legislative objectives are
achieved by the Court. It also said that the power of the police to seek permission for further
investigation under 173(8) would not be affected in any way by the current judgement.
The aforesaid judgement gives power to the parties to put forward their appeals in front of the
magistrate in later stages of a trial. This allows the judges to rectify mistakes that could be made
during the course of police investigation but also gives an option to the parties to unnecessarily
delay the trial. The Supreme Court has relied on the word investigation in accordance with 2(h) of
CrPc. The Apex Court did not say anything about the language of 156(3) which might point to the
fact that the word investigation should have been construed in accordance with 156(1) in
accordance with the principle of ejusdem generis. Ranbir Penal Code no longer operational after
abrogation of Article 370 in Jammu and Kashmir:- In a historic development after the centre
scrapped the special status granted to Jammu and Kashmir under Article 370 of the Constitution,
the Ranbir Penal Code, the primary criminal legislation applicable in J&K ceased to operate.
The Ranbir Penal Code, came into force during the reign of the Dogra dynasty in 1932, and was
framed on the lines of the IPC. It got its name from Ranbir Singh, who was the ruler of the Dogra
dynasty at the time. The erstwhile state of Jammu and Kashmir was bifurcated into two union
territories, one called Ladakh and the other bearing its original name after the central govt passed
the Jammu and Kashmir Re-organisation Bill in the parliament through a presidential order on
August 6, 2019.It was on 31st October, 2019 when last case was registered under the RPC as the
state got officially bifurcated from 1st November onwards. Interestingly just 3 days before
speciastaus was abolished, the Supreme Court had stuck down Section 497 of the Ranbir Penal
Code. This section just like its national counterpart dealt with adultery. With this change, whole of
Indian Territory has now come under the operation of the Indian Penal Code.
Bosnian court jails ex-soldier for war crimes by Sharique Uddin
A Bosnian court has sentenced Radomir Susnjar, a former Serbian solider, to 20 years in prison for
committing war crimes against Bosniak civilians during the Bosnian War. Susnjar along with his
accomplices, Milan Lukic (who received life imprisonment) and Sredoje Lukic (who was
sentenced to 27 years in prison) raided a house where Bosniak civilians were held prisoners, and
set it on fire. A total of 57 people, including children, burned alive in the raided house. Susnjar
was extradited to Bosnia and Herzegovina in June 2018 after he was arrested in France in 2014.
31
S a u d i c ro w n Pr i n c e Release of the NCRB report of 2017 by Akanksha

MBS - crimes against Vashistha
humanity - Sharique
On October 21, 2019 the National Crime Records Bureau
Uddin
released the crime report for the year 2017 after a great
Tw o U S a t t o r n e y s h a v e delay. While the officials blame delayed submission of their
petitioned to the ICC for an data to the Bureau, opposition parties had alleged the report
investigation into Saudi Crown to be against the central government and thus the delay in
Prince Mohammed bin Salman its release. Nonetheless, as the report has been published, it
for the alleged kidnapping, must be noted that there has been a 6% rise in crimes
torture and assassination of against women as compared to the cases in 2016. The
journalist Jamal Khashoggi in category of “crimes against women” comprises all types of
October 2018, as well as for criminal wrongs committed against women ranging from
other crimes against cruelty by husband, rape to kidnapping and abduction.
humanity.The CIA concluded Meanwhile, Uttar Pradesh has once again ranked first in
bin Salman ordered
crimes against women, followed by Maharashtra.
Khashoggi’s assassination, and
a UN report said Saudi Arabia The NCRB report has also presented us with newly added
was responsible for the categories of Fake News under Section 505 of IPC and
“deliberate, premeditated Crimes by Anti- National elements. A total of 1450 crimes
execution”, despite the Saudi
have been committed under the latter. Further, the report
government’s denial of his
tends to divide anti-national elements into various sub-
involvement.
heads including Terrorists, Naxalites/left wing insurgents
and North East Insurgents. Most crimes, according to the
report have been committed by the Naxalites followed by
Hong Kong formal l y terrorists including maximum attacks on army personnel
S c ra p s T h e Fu g i t i v e and civilians. In this regard. Manipur has witnessed
Offenders and Mutual
maximum terror attacks followed by Jammu and Kashmir.
Legal Assistance in
Another category that was highly expected to get a column
Criminal Ma t t e r s
Legislation Bill 2019 - in the report pertained to the frequent instances of Mob
Sharique Uddin Lynching and communal violence in the country in recent
times. The moot questions regarding the data on such
The controversial extradition incidents not being published despite their data having been
bill that sparked months of collected, still persists. The release of this data was
violent protests has formally expected to aid the government in formulating policies to
been withdrawn. This follows curb the rising incidents of religious intolerance and other
one of the most violent days organised crimes. However, despite considering the reality
on 1 October 2019, when an of a rise in these crimes, the NCRB has stated that it lacks
18 year old protester was shot possession of any reliable data on these wrongs and has
and injured with a live bullet
asserted that these categories would be prone to any
and the police made a total of
misinterpretation. The Ministry of Home Affairs has
269 arrests. Hong Kong also
justified the action by citing the same vagueness in the data
released the murder suspect
who sparked the protests after
and has stated that similar criminal wrongs have been
18 months in prison. mentioned in the report under the head of motives of
murder that contains a sub head named communal/
religious.
32
TODAY’S NEWS
November | 2019 | Criminal News
Ma t c h Fi x i n g Criminal Law amendments which are beneficial to the

Criminalized in Sri accused can be applied to earlier or pending cases by
Lanka - Deepanshu Samarth Sansar
Agarwal
The Supreme Court recently in “Trilok Chand v. State of
Sri Lanka has become the first Himachal Pradesh” Criminal Appeal No.1831 OF 2010
South Asian nation to held that if an amendment in criminal law is in favour of
criminalise several offences the accused then it could be applied to both earlier and
related to match-fixing as its pending cases in order to grant relief to the accused. In the
parliament passed all three above mentioned case, the Appellant Trilok Chand was
readings of a bill labelled convicted and sentenced for three months along with fine of
& Pre v e n t i o n o f O ff e n c e s Rs. 5000 under Sec16 (1) (a) (i) read with Section 7 of the
Related to Sports;. If a person
Prevention of the Food Adulteration Act, 1954.After
is found guilty of committing
dismissal of his revision petition, he filed an appeal before
an offence related to
the Apex Court, where the only submission was that under
corruption in sports, then he
may find himself jailed for a
Section 51 and 52 of the Food Safety and Standard
term up to 10 years and he will (Amendment) Act 2006, the maximum penalty for sub-
also be required to pay various standard food and branding is fine only and not sentence.
fines. The newest legislation
The Court in this case referred to the judgment in T. Barai
covers all sports and it is
b e l i e v e d t h at t h e re c e n t
vs. Henry Ah Hoe and Another. [(1983) 1 SCC 177] where
investigation by Anti- it was opined that the amendments are applicable to earlier
Corruption Unit which resulted cases where such amendment is in favour of the accused
i n f o r m e r N at i o n a l Tea m person and thus scrapped the order of sentence given to the
Cricket captain Sanath appellant. The said judgment observed that it is only
Jayasuriya being charged retroactive criminal legislation that is prohibited under
prompted this bill to be Article 20(1) of the Constitution. Article 20(1) says that “no
drafted. person shall be subjected to a penalty greater than that
which might have been inflicted under the law in force at
The bill also criminalises acts
the time of commission of offence.” It is clear from the
of omission which includes
f a i l u re t o re p o rt c o r r u p t
assertion that insofar as the amendment act creates new
approaches. This means that offence or enhances punishment, neither a person can be
Sri Lankan cricketers who are convicted by such ex post facto law nor can the enhanced
approached by corruptors now punishment will be applicable. In case where the
have to report these
approaches not only to the
ICCs ACU, but also to a Special
Investigation Unit appointed
by Sri Lanka’s government.
33
amendment reduces the punishment, there is no reason why an accused cannot avail the benefits of
such reduced punishment.
It is based on the Principle of Beneficial Construction which requires that even ex post facto law
of such a type should be applied to mitigate the rigour of the law. In an American case Calder v.
Bull, Chase J. stated that, As a general rule, a law should have no retrospect, except in cases where
the law is for the benefit of the community and also of individuals related to ‘a time antecedent to
the commencement of such as statutes’ especially of oblivion or of forgiveness.
Criminal laws as a matter of principle have always been inclined towards the accused considering
the implications. Further, while there is a shift towards reformative justice instead of retributive,
the judgement and its application paves a way for the same. The judgement is a reiteration of the
above said principle and it must be ensured that the benefit of this be extended to every class
regardless of the capability to access justice.
Arms Amendment Act 2019: Stringent actions against handlers of Illegal Weapon by Shreya
Union Cabinet approved the amendment of the Arms Act, 1959 prohibiting individuals, with few
exceptions, from possessing more than one gun, reducing from the existing leverage of 3. The
Arms (Amendment) Act seeks
to introduce four different
categories of offences into the
six-decade old Arms Act
prescribing jail term of 10
years besides a fine where in
specific cases like possession
of weapons looted from armed
forces or police, engagement
in organized crime syndicate
or illicit trafficking, rash and
negligent use of firearms, the
jail term can go up to life
imprisonment. It also said that
if anyone uses firearms for
celebratory gunfire or in a rash
and negligent manner, the person shall be punished with two-year imprisonment and a fine up to
Rs.1 lakh. The Act ensues that if any person possesses more than one firearm at the
commencement of the Arms (Amendment) Act, 2019 should retain one with him and shall deposit
the remaining firearms with the officer in charge of the nearest police station within one year from
such commencement. Also the Act made it clear that if anyone carries any prohibited arms or
prohibited ammunition will be punished with imprisonment for a term which shall not be less than
seven years. It might extend up to fourteen years.
34
TODAY’S NEWS
December | 2019 | Criminal Law
A n t i Ma r i t i m e B i l l The Parliament passes Prohibition of Electronics

2019- Apoorv Shukla Cigarettes Bill by Apoorv Shukla
On December 9, 2019, the The Prohibition of Electronic Cigarettes (Production,

Anti-Maritime Piracy Bill, 2019 Manufacture, Import, Export, Transport, Sale, Distribution,
was introduced in the Lok Storage, and Advertisement) Bill, 2019 was passed by the
Sabha. It was introduced by Parliament on December 3, 2019. The Bill was introduced
the Minister of External Affairs, by the Union Minister of Health and Family Welfare, Dr
Dr Subrahmanyam Jaishankar. Harsh Vardhan.It seeks to prohibit production, storage,
The Bill aims at ensuring trade and advertisement of electronic cigarettes.
security and safety of India’s
maritime trade and the crew The Bill defines the electronic cigarette as an electronic
members. It provides for device that heats a substance which may contain nicotine or
prevention of maritime piracy other chemicals to create vapour for inhalation with
and prosecution of persons for different flavours. Anyone not abiding by the provisions of
such piracy related crimes. The
the Bill prohibiting various activities with relation to e-
Bill is framed in accordance
cigarettes will be punishable with a fine of up to Rs 1 lakh
with the UNCLOS (United
rupees, or imprisonment up to 1 year, or both. For any
Nations Convention on the
Law of the Sea). It provides
subsequent offence the person will be liable to be punished
capital punishment to those with an imprisonment up to 3 years, along with a fine of up
involved in piracy at sea.The to Rs 5 lakh rupees.The Bill prohibits the storage of e-
Bill will apply to all parts of the cigarettes. The convict can be imprisoned up to a period of
sea adjacent to and beyond 6 months, or can be fined up to Rs 50,000 rupees, or both.
the limits of the Exclusive After the enforcement of the Bill, the owners of the stock of
Economic Zone of India. the e-cigarettes would have to declare the same.
Interoperable Criminal
Justice System - Shreya
Disha Act: A New Justice Delivery Mechanism by
The Interoperable Criminal Shreya
Justice System (ICJS) has been
launched by Telangana High The Andhra Pradesh Legislative assembly has passed the
Court to facilitate speedy Andhra Pradesh DISHA Bill, now known as Andhra
justice through data-exchange Pradesh Criminal Law (Amendment) Act 2019. Disha is the
between the courts, police/ name given to the veterinarian doctor who was raped and
prosecution, jails and the brutally put to death in Hyderabad and sparked outrage in
forensic labs. It has been the entire country. The act seeks to bring down the existing
developed by National total judgment time of 4 months to 21 days and envisages
Innovation Foundation of India the completion of investigation in 7 days and trial in 14
for the District Courts, prisons
working days where there are adequate conclusive
and police stations, namely
evidences. The Act constitutes the provision of death
Case Information System, e-
penalty in presence of conclusive evidences in cases of rape
Prisons and Kanoon Vyavastha,
respectively.
crimes, given by amending Section 376 of the Indian Penal
Code (IPC) 1860.
35
TODAY’S NEWS
January | 2020 | Criminal News
Rape and Murder Tops

Death Penalty - Project
39 - Praneeta Tiwari
According to NLU-Delhi’s
Project 39 report, the highest
number of death sentences
were awarded to the
perpetrators of sexual assault
namely the crime of ‘Rape and
Murder’. Moreover, the report
also mentions that the highest
number of conviction in the
span of 4 years was in 2019.
Cyber Ashwasth -
Shreya
NCRB publishes Crime in India Report 2018 by Samarth
The country’s first cyber-crime Sansar and Vishal Chowdhury
prevention unit was launched
The National Crime Records Bureau (NCRB) published the
by the Home Minister Amit
Shah in Gandhinagar, Gujarat
annual crime in India report 2018 in January. However, the
along with video Integration published data was provisional as some states such as West
and State Wide Advance Bengal, Assam, Arunanchal Pradesh, Sikkim etc. did not
S e c u r i t y Pro j e c t c a l l e d submit their clarifications sought by NCRB despite
“ V I S W A S ”. T h e C y b e r reminders. The report comes with a two-year delay, similar
AASHVAST is a unit that has to the 2017 report which was published in October last
been generated for the year.
solidification of preventive
measures against the In 2018, the report states that an average of 80 murders,
burgeoning cyber-crimes with 289 kidnappings and 91 rapes were reported from across
the help of VISWAS. It will the country each day. Crime increased by 1.8% from 2017.
monitor, prevent and control About 50.74 lakh crimes were recorded in 2018, an
cyber-crimes in the state.There increase from 2017. But crime per lakh population
will also be an online portal witnessed a decline from 388 in 2017 to 383 in 2018. The
exclusively owned by NCRB report further states that a total of 1.05 lakh cases of
AASWAST with dedicated kidnapping and abduction were reported in the country in
service helpline for victims of
2018, a 10 per cent increase from 95,893 in 2017. The
cyber-crime. Along with these
number of murder cases reported across India that year also
two units, project NETRANG
witnessed a 1.3 per cent increase in 2018 with 29,017 cases
was also launched under which
c o m m a n d ro o m s w i l l b e
of murder.
established in 33 districts.
According to the report, there was significant rise in crimes
Gujarat.
against women as compared to the previous year. The list
was topped by Uttar Pradesh followed by Maharashtra and
36
West Bengal. Cruelty by husband or relatives (31.9%) and assault to outrage the modest (27.6%)
were the major constituents of crime against women. Further, while the rate of charge sheet in
rape- related cases stood at 85%, conviction rate even after slight increase stood at 27.3%. On
average, one woman reported a rape every 15 minutes. About 34,000 rapes were reported in 2018.
As per the report out of 1, 34,516 number of suicide cases in 2018, 22.4% victims were daily wage
earners, while 7.7% from people working in farm sector. Further, instances of crime against SC’s
and ST’s declined in 2018 as compared to 2017. The report further pointed increase in murder
crimes as well as incidents of rioting. One of major concerns among all was significant increase in
cybercrimes which has remained a consistent threat in the digital era.
In suicide cases, what is interesting to note is that more self-employed persons killed themselves
on average each day (36) than unemployed (35). Unemployed persons (12,936) were slightly
lesser than self-employed (13,149) who took their own lives, while both categories outnumbered
the suicide figures of those working in the farming sector — 10,349 — in 2018. Out of female
victims, housewives recorded more than half of total suicides and 17% overall.
It is desirable that the delay in publication of these reports be taken into consideration and prompt
attempt towards timely publication is ensured.
Conviction Cannot Be Solely Based On The Evidence Of Hand-Writing Expert: SC by

Rupanwita De
In the case of Padum Kumar v State of UP, the Hon’ble Supreme Court of India held that a person
cannot be convicted solely based on the
evidence of a handwriting expert. The
appellant was working as a postman and
supposedly delivered a registered
envelope containing cash to the
complainant but the letter did not reach
the complainant. On complaining it was
found that someone named after the son
of the complainant had already received
the envelope. A case was registered under
S.420, 467,468 of the IPC. The
investigating officer sent the disputed
sign in the delivery slip along with the son
of the complainant to the forensic lab. The handwriting expert opined that the sign on the delivery
slip was different from that of the son and was not made by the son of the complainant. The
investigation further revealed that the appellant had forged the signature and charges were filed
against him under sections 420, 467 and 468. He was awarded an imprisonment of four years.
The court ordered that it is wrong to convict a person solely on the evidence of a handwriting
expert without any substantial corroboration. It also referred to the case of Murari Lal v State of
Madhya Pradesh which held that human opinion may be fallible and that even an expert may go
wrong because of some observational defect. The Hon’ble court finally laid down that there is no
hard and fast rule to implement an expert’s opinion and that it may be rejected based on non-
37
TODAY’S NEWS
February | 2020 | Criminal News
corroboration with direct and circumstantial

evidence.
The KLE Sedition case by Praneeta Tiwari
The Karnataka Sedition case or alternatively the

KLE sedition case brought about pages upon
pages of discussions regarding the extent and
validity of sedition in India, to light. 3
engineering students hailing from Jammu and
Kashmir recorded a Pro- Pakistani video in their
hostel room to mark a year of the Pulwama attack. The song contained the words “Pakistan
Zindabad”.Subsequently, all of the three students were booked for sedition and promoting enmity
under Section 124(A), 153(A & B) of the Indian Penal Code. They were arrested and kept under
Judicial remand for three days after which they were released under Section 169 of Cr.P.C (Lack
of Evidence).However, due to severe protests staged upon their release followed by several notices
for re-arrest, the police authorities re-arrested the students. They were produced in front of the
Karnataka High Court , their Phones and laptops were confiscated and sent to the Forensic Science
Laboratory. Moreover, Hubballi Bar Association passed a resolution to refrain from providing the
students with legal aid. Upon the courts interference the accused were given legal representation
and the trail began. The court observed that “safety and security of this Country gets priority over
all” and thus rejected their bail application. It also noted that ““must allow the investigation
agency to do its job without anybody’s intervention” and thus, pronounced a sentence till the
investigative services pronounced their verdict. In the legal fraternity, this case sparked a debate,
for it was the denial of legal representation, bail and hearing as opposed to the issue of national
security and the extent of sedition as a law in India.The debate continues to rage on.
SC on Sec.482 CrPC: Use of inherent powers by HCs relying on Statements under Sec.161
CrPC Statements is not justified by Shreya
SC in its judgment in “Rajeev Kourav v. Baisahab & Ors.”, held that statements recorded
before Police in terms of S. 161 CrPC, which is Examination of witnesses by police, cannot be
made the basis to quash criminal proceeding. The Appellants alleged that the wife of Respondent
committed suicide along with her two minor children due the harassment of her by Respondent.
After the completion of investigations, the Respondents filed a petition before the High Court
under S. 482 CrPC for quashing of criminal proceedings. The High Court held that there was no
record to show that the cause of the suicide was the harassment by Respondent. The High Court,
placing reliance on statements made under S. 1621 CrPC, made a case of criminal intimidation
and quashed the criminal proceedings against the Respondents.The Supreme Court, after allowing
appeal, held that the statements recorded in terms of S. 161 were wholly inadmissible evidence.
The Court also noted that if a prima facie case is made by disclosing the ingredients of alleged
offence, then criminal proceeding cannot be quashed by the High Courts as in a petition under S.
482 CrPC, the appreciation of evidence is a matter of exceptional circumstances.
38
TODAY’S NEWS
March | 2020 | Criminal Law
Convicts of the
Nirbhaya Case Hanged
- Apoorv Shukla
All the four convicts who had

committed the gang rape and
murder of a 23-year old
medical student on December
16, 2012 were hanged to
death on March 20, 2020. The
bodies of all the four convicts
were brought down to the
gallows after 30 minutes of
hanging. The medical officers
confirmed their death after the Draft “Criminal Rules of Practice” Submitted before
bodies of the convicts were
Supreme Court by Samarth Sansar
being brought down.
Supreme Court while hearing the case “In re to Issue
Prisoners and Right to
Certain Guidelines Regarding Inadequacies and
vote - Rupanwita De.
Deficiencies in Criminal Trial v. State of Andhra Pradesh
In Praveen Kumar Chaudhary & Ors.”, noted that throughout the country, certain
&Ors. v Election Commissioner inadequacies are there in the procedure followed during
of India and Ors., the Delhi criminal trial. Vide an order dated 03/03/2017, the Supreme
High Court reaffirmed the Court, through the bench of Justice Nageshwar Rao and
constitutional validity of Justice Bobde, issued a notice to all the state governments
S.62(5) of the Representation and their respective High Courts as to whether a consensus
of People Act, 1951, which could be arrived at in order to amend the criminal rules of
disqualifies prisoners from practice/criminal manuals to bring about uniformity of
voting in an election. The practice. By an order dated 07/11/2017, the Supreme Court
Section states - “No person
appointed, Shri. R. Basant, Shri Sidharth Luthra And Shri K
shall vote at any election if he
Parameshwar, as amici curiae to assist the court. The state
is confined in a prison, whether
governments and the High Courts were then asked to
under a sentence of
imprisonment or
submit their response to the amici curiae by another order
transportation or otherwise, or dated 20/02/2018.A consultation paper was prepared by the
is in the lawful custody of the amici curiae based on the response of 21 High Courts and
police:” The Delhi High Court 15 states/union territories, which also contained the draft
reinstated that Right to Vote is rules, which was circulated to all the parties and
neither a fundamental nor a stakeholders and a final written feedback was invited from
constitutional right but is them. Thereafter, on 30 March, 2020, a colloquium was
instead conferred by a statute. convened at international centre which was attended by the
The court thereby dismissed parties concerned. After taking into account the feedbacks
the writ petition. and suggestions, on 07 March, 2020, a Draft Rules of
Criminal Practice, 2020 were submitted to Supreme Court
for consideration.
39
TODAY’S NEWS
April | 2020 | Criminal Law
Im p u n i t y f rom
prosecution if
employers leave child
labourers voluntarily? -
Deepanshu Agarwal
Indian activist and Nobel Peace

prize laureate Kailash Satyarthi in
an extraordinary move urged
Prime Minister Narendra Modi to
give three months.; impunity
from prosecution or other
punitive action to all employers
o f c h i l d l a b o u re r s i f t h e y
voluntarily release children
confined inside factories and
other workplaces during the A Win for Women’s Rights Movements by Vatsala
period of the nation-wide Parashar
lockdown due to COVID-19.
In a landmark victory for women in Sudan and womens’
D o m e s t i c Vi o l e n c e rights movement worldwide, the Sudanese government has
during lockdown - outlawed the archaic practice of Female Gential Mutilation
Praneeta Tiwari ( “FGM” ). FGM comprises of any and all procedures
involving the removal of external female genitalia in parts
There has been a spike in
or whole, for non medical purpose.It can lead to infertility,
domestic violence
cases ,especially since the infection,excessive bleeding, swelling and inflammation in
lockdown, as a matter of criminal the genital area, infection, urinary problems and sometimes
legislation. In order to do away even death. The ritual, practised mainly by some sects in
with this ineffectiveness and the Islam, Judaism and Christianity, more often than not,
lacunae the pandemic renders, involves the cutting of the clitoris( clitoridectomy).
the Karnataka High Court,
However, it comes in varying forms, viz, excision, which is
having taken cognisance of the
matter, has directed the state
the partial or total removal of the clitoris and labia minora;
government to come up with a infibulation, which is the narrowing of the vaginal orifice
pandemic- friendly and viable with a covering seal formed by cutting and displacing the
situation to solve the matter and labia minora or labia majora. Contrary to popular belief,
punish the perpetrators. FGM is not a religious practise.It has no founding in the
religious texts of the communities which practise it. The
Spitting, An Offence -
Apoorv Shukla principle objective behind the inhumane practice of FGM is
to control the sexuality of girls and women. Sexual desires
The Ministry of Home Affairs has entertained by girls are seen as something which need to be
made the act of spitting in nipped in the bud for they might bring shame to the family.
public an offence under Section This reinforces the notions of gender inequality which are
51 of the National Disaster
deeply entrenched in societies. Women and girls are robbed
Management Act. The refusal to
of their bodily autonomy and an opportunity to make an
abide by the order shall lead to
imprisonment of one year. informed decision regarding their bodies by instilling fear
40
MHA speculates in them, perpetuated by myths related to FGM. One of the

amendments in IPC, myths being that uncontrolled growth of clitoris will lead to it
IEA and CrPC- Mehul growing to the size of a penis. The procedure is not only painful
Jain and performed without administering anaesthesia, it also leads
to feeling fear, anxiety, shame, anger, depression, low-self-
The Justice Delivery System of esteem. It undoubtedly affects the social and psychological
India has been extremely slow development of females.While the criminalisation of FGM in
owing to several provisions in Sudan is being hailed as a major victory for womens’ rights,
IPC, IEA and CrPC. It has there are many countries in the world ( atleast 27 in Africa
t h e re f o re l e d t o s e v e r a l
alone) where it is practised, including India. The need of the
suggestions in order to
hour is to legislate a law criminalising FGM in India. In India, it
absolve the lacunae in the
is mainly practiced by the Bohra community. While complaints
system. Suggestions include
that those accused of causing
can be made under IPC, POCSO and other acts, there is no
heinous crimes on women specific law which recognises the existence of FGM in India
should be stripped off their and as a result of it, criminalises it. This dismissive attitude
right to file appeals and impedes the society’s movement to move away from the
adoption of some features of clutches of patriarchal practices.
inquisitorial system to increase
convictions. Sarfoora by Pratyush Jena and Vishal Choudhury
At t a c k o n D o c to rs - The arrest of the student activist Safoora Zargar has created a

Apoorv Shukla stir in the media. This has been exacerbated by the fact that
Safoora is pregnant. She was arrested by the special cell of the
The Central government has Delhi Police for alleged connections with the Anti-CAA Delhi
passed an ordinance making riots. The police believe that she was a part of a much larger
attacks on doctors and health conspiracy to disturb peace in North-East Delhi, and also has
care workers punishable up to links to the much dreaded PFI. She has been charged with the
7 years. The ordinance Unlawful Activities Prevention Act, which makes it nearly
declares such attack a non-
impossible for her to get bail. The relevant sections are 13, 16,
bailable and cognisable
17 and 18. These sections pertain to the offences of ‘unlawful
activity’, the commission of a terrorist act, collecting funds for
a terrorist act and conspiracy for committing a terrorist act.
Some of these charges can lead to life imprisonment if proven to be true.CrPC Section 438,
pertaining to anticipatory bail, cannot play a role in her case due to Section 43(4) of the UAPA,
which specifically prohibits the same. According to Section 43 D (5) of the UAPA, a person
arrested under the UAPA can get bail if the public prosecutor makes such a case. But even then, if
there are reasonable grounds for believing that the charges against her are true, then the magistrate
has the power to deny the bail. This provision is in consonance with Section 437 of the CrPC,
which states that a person accused of any offence for which life imprisonment is the stipulated
punishment cannot get bail if there is a reasonable possibility that the charges are true. But it also
states that the court may grant the person bail if he/she is a woman, an infirm or a child under the
age of 16 years.The prosecutor can make the argument that Safoora is a pregnant woman, and this
might lead to her release on bail pursuant to Section 437 of the CrPC. But the pre-condition that
the charges must not be reasonable true has to be fulfilled first.Recently, the Supreme Court
amended its ruled to allow single judges to hear SLPs on bail orders where maximum punishment
is seven years. Quite evidently, the amendment will not aide Safoora, who has been charged with
the UAPA.
41
Policy Response: Surge in Cases of Racially Motivated Assaults and Hate Crimes During
COVID’19 by Kashmita Mewal
The communal virus enshrouding COVID has exposed the ugliness of racism and xenophobia in
the world. The use of racial rhetoric and allegations that target specific ethnic groups has
significantly impacted the Asian communities. President Donald Trump quite unsuitably used the
term “China virus” in his speech, similarly Secretary of State Mike Pompeo chose to describe the
health crisis as “Wuhan virus”. Brazil’s education minister derided Chinese nationals in a tweet
suggesting that the Chinese government implanted the pandemic to execute their plan of
dominating the world. The use of such identity based labels has perpetrated communal violence in
many parts of the world, media accounts of verbal and physical abuse including racial slurs and
violent bullying has been reported by human rights groups in Italy, France, Russia, Australia, and
the US. In the UK, people of Asian descent have been physically assaulted and ridiculed, accused
for spreading the virus. Recently, some Chinese students were brutally beaten up in Australia and
were told to go back to their country. In Spain, two men attacked a Chinese person with such
ferocity that he was in a coma for 2 days. The growing incidents of such assaults raise the fear that
the post corona world might witness emergence and development of more anti-Asian movements
or worse, a global remigration program.There are also occurrences of racial crime within the Asian
continent, the Malaysian government started detaining migrant workers and Rohingya refugees
during the lockdown in May, impliedly holding them responsible for spreading coronavirus. The
communal virus has surfaced the deep rooted notions of Islamophobia in India and Sri Lanka,
where cases of racial attacks against the Muslim community have been overtly ignored by the
political figureheads. The Mongoloid looking people in India were constantly targeted during the
pandemic, they were spat on and called “coronavirus”, made to leave public places and even faced
eviction threats because of their looks.
The Ministry of Home Affairs issued an advisory to all states to act against these cases. However,
the recommendations were insufficient as there are no law against racism or ethnic discrimination
in the country.The Chinese government forcibly conducted tests in Guangdong province in the
southern city of Guangzhou, which is home to the largest African community. They were
quarantined in separate buildings but soon the landlords began evicting the African residents from
their settings as a result many of members of the African group were impelled to seek refuge on
streets and subways.The present situation has carved out a demand for separate laws on racism
and xenophobia along with effective implementation of the existing remedies. The escalation in
the number of cases of discrimination has highlighted the importance of differentiating between
“extreme speech” and “hate speech”. Both the forms of speech are capable of causing serious
social damage to the society, but the former can be termed as more dangerous as it is vitriolic in its
true sense and yet resists the label of “hate speech”. And consequently, it becomes a part of the
accepted speech, hence the offender remains unpunished. It can be conclusively said that any form
of expression which intends to reflector is so designed that it fosters discriminatory sentiment
should be encompassed within the definition of racism. The practice can lead to a domino effect
on the entire population. Efficiency of the public health system largely depends on the public order
in the state which in turn demands a healthy social system. Epidemic response requires planned
utilisation of scarce resources which inordinately burdens the economic and social structure of the
country. The power to withstand this stress comes from wide-ranging cooperation from the
denizens and discriminatory practices break this chain of agreement.Thus, when it comes to
longstanding policy implementation, inclusivity becomes a matter of paramount concern.
42
TODAY’S NEWS
May | 2020 | Criminal Law
Criminal Re f o r m s
Committee Constituted
- Samarth Sansar
The Union Ministry of Home

Affairs recently constituted as
5-member committee to
recommend Criminal Law
Reforms in India. The
committee will be headed by
Vice Chancellor of National
Law University, Delhi Prof. (Dr)
Ranbir Singh.
Death Pe n a l t y
sentencing in High Reform in Abortion Laws: India has come a long way, a
Courts - Samarth long way to go by Navya Bhayana
Sansar
Through the course of legalising abortion with The Medical
Project 39A, an initiative under Termination of Pregnancy Act, 1971 to reforming
the aegis of National Law regressive laws with the recent Medical Termination of
University, Delhi which seeks to Pregnancy (Amendment) Bill 2020, reproductive autonomy
promote equal justice and rights have seen stark changes in this country. Though the
equal opportunities released a 2020 Bill serves as an essential development towards safe
report recently which shows
abortions while guaranteeing privacy and dignity to
huge inconsistencies in death
women, the extent to which it walks away from the
penalty sentencing by the
restrictive societal perception stands to be determined.
lower courts. The report while
analysing 215 judgement from The provisions of the Bill direct at making abortions
Delhi, Madhya Pradesh and
accessible in response to the constant refusal of the courts
Maharashtra demonstrated
to allow abortion for minor rape survivors, women having
procedural gaps in death
severe foetus abnormalities and other victims. The
penalty sentencing due to
numerous inconsistencies in
proposed Bill seeks to achieve its objectives by extending
Supreme Court judgements the gestation period from the present 12 weeks as provided
itself. under Section 3 of the MTPA to a 20-week limit upon
affirmation by a registered medical practitioner. The
The reports points towards a provision further extends the limit to 24 weeks for the
serious problem in category of vulnerable women which cover the purview of
dispensation of justice due to differently-abled women and sexual assault survivors.
confusion created by multiple
Though this might appear as a major reform for victims of
Supreme Court judgements.
sexual abuse, it pervades deeper into the system to create an
Hence, it is highly required that
unnecessary distinction where medicine allows the safe
the report be taken into
account and relevant action in
termination of pregnancy within such a time frame.There is
this regard be taken. also a lack of provisions mentioning the safe methods of
43
Assault Style Weapons proceeding with abortions which are considered as

banned in Canada - recommended methods by the World Health Organisation and
Vatsala Parashar other reliable health administrations. Though there should be a
considerable discretion provided to the medical professionals
The Trudeau government, carrying out the process according to the proper analysis on a
through a cabinet order, case-to-case basis, such mention in the Bill could make
banned military style assault abortions safer, hence more accessible.
weapons with immediate
effect. This would lead to an Furthermore, the Bill institutionalises the violations of rights of
immediate ban in selling, the LGBTQIA+ community by disregarding transpersons and
buying, transporting or intersex people, thereby perpetuating the patriarchy presented
importing 1,500 varieties of and preserved by MTPA. This comes in direct contravention to
military style assault weapons. the rights guaranteed by the apex court under its landmark
Trudeau, by doing so, fulfilled judgement NALSA v. Union of India, thereby, forming a major
his promise of introducing
shortcoming of the Bill. The Amendment Bill further provides
measures for gun control.
the specification for the protection of privacy of the woman
While there is no parliament
who chooses to terminate her pregnancy. The provision of not
approved legislation on this
matter, the same would be
revealing the identity of the woman in question could help
approved after the parliament safeguard women’s interests by providing a shield from social
convenes post the pandemic. stigma and other pressure that women continue to face in
The current Firearms society. However, the limitation of this specification comes
regulations do not define what when the practitioner is mandated to reveal the identity to a
would come under the ambit person authorised by law. The Bill fails to provide for any
of military style assault further clarifications as to the necessary circumstances under
weapons but one could which the particulars would be disclosed, henceforth, leaving
proceed on the assumption the clause open for misuse.
t h at t h e s a m e w o u l d b e
introduced post the pandemic. Despite its setbacks, the Bill upholds the rights to maintain
bodily integrity, reproductive and sexual autonomy while
The swift action of the Trudeau
guarding privacy as guaranteed under the Puttaswamy
government after the deaths of
judgement. It permits the termination of pregnancy caused due
22 people in a mass shooting
to failure of contraception devices while including live-in and
in Nova Scotia, is in stark
contrast to that of the US,
other sexual relationships in the ambit. This marks a major leap
which in spite of multiple mass towards a progressive law as it recognises the legality granted
shootings, refuses to reinforce to live-in relations under S. Khushboo v. Kanniammal, in
the now lapsed gun control contrast to the MTPA which does not govern abortion arising
measures. out of such failure outside matrimony. The Amendment Bill
further proposes to eliminate the provision that puts a limit on
Pe o p l e w h o a l r e a d y a r e the gestation period in cases of being diagnosed with substantial
owners of weapons which
foetal abnormalities by a specifically constituted Medical
would fall in this category
Board. This takes into account the demanding nature of
would be given a two year
pregnancy and further allows such necessary termination in
amnesty period. They would
then be allowed to either sell
later stages.Additionally, the Medical Board constituted to
back or keep the weapons diagnose such cases comprises a set of qualified practitioners
through a grandfathering requisite for the process, the composition of which has been
process. mandated for every state in the country. The 2020 Amendment
Bill has been framed with an intention of furtherance of
44
S u d a n b a n s Fe m a l e abortion laws in the country, however, comes disguised with

G e n i t a l Mu t i l a t i o n - societal shortcomings that perpetuate the stigmatisation
Sushant Gajula accompanying the subject. While the provisions extend the
gestation period for termination of pregnancy, the Bill reflects
The Saleema Initiative, abortion to be an exemption that is granted by the conditions set
launched in 2008 by the by the State, instead of regarding them as inherent reproductive
National Council of Child rights. However, the replacement of the restrictive MTPA would
Welfare and UNICEF Sudan, imply a rightful abortion for women in the country with
b a n n e d Fe m a l e G e n i t a l considerably fewer barriers, henceforth providing access to
Mutilation (‘FGM’) on May 1st ,
safer abortions.The Amendment Bill has been progressive and
2020. Sudan accounted for the
reformative in its own ways, and with the rights granted today
highest number of FGM cases
in the country we have come a long way, but there is a long way
in the world. It practices FGM
on 95 percent of its female
to go.
populace.The United Nations
The doctrine of Strict
had passed a resolution on
Liability Evoked: The
20th December, 2012 to ban
Vizag Gas Leak by
Female Genital Mutilation
which was passed with a 2/3 rd
Simran Upadhyaya
majority with agreement of all
A tragic gas leak from
nations of UN in this regard.
a chemical plant
This resolution actively situated in the outskirts
suggested nations to of Vishakhapatnam,
formulate laws to ban FGMs on Andhra Pradesh on the 8th of May took away 12 lives and
their soil.Today in the 21st affected over 2000 people from the nearby villages. The
century, people are becoming management of the chemical plant, LG Polymers India were
aware of their rights and have booked under Section 304 of the Indian Penal Code (Culpable
in the process, started Homicide not amounting to murder), Section 337 (causing hurt
respecting each other’s rights. by act endangering life and personal safety of others) and 338
It is very important, then, for
(causing grievous hurt) by the local police.Later that day, the
the world to eliminate those
National Green Tribunal took suo moto cognizance of the
practices which deprive
accident to look into the issue at hand. The Tribunal ordered LG
people from enjoying their
human rights. Several
polymers to deposit 50 crores to the Vizag District Magistrate
movements have recognised due to its damage to life, public health and environment.
that certain cruelties which Furthermore, the Tribunal’s order stated that the present
w o m e n a re s u b j e c t e d t o scenarios called for the application of principles of strict
constitute various liability.\The Doctrine of Strict Liability finds its application
manipulations of a woman’s both in civil and criminal law. The doctrine originated in the
sexuality. This manipulation of famous case of Rylands v Fletcher, where the House of Lords
sexuality is a means of denying laid down that if a person brings something onto his land, then
women social rights and he is prima facie liable for all the damages which is the natural
privileges in a patriarchal consequences of its escape from the land. Similarly, the
social setting.This Step is thus Tribunal in this case, applied the doctrine of Strict Liability as
largely positive with respect to
styrene gas containers overheated and escaped from the factory
not only women rights but also
LG Polymers endangering human life and environment.
human rights as a construct
and a a reality.
45
Increasing cases of Corona Virus outbreaks in India’s prisons exposes a faulty prison
administration and Criminal Justice System along with the looming threat of an unforeseen
Human Rights Crisis by Sushovan Patnaik
On May 7, 2020, Arthur Road Jail in Mumbai

became a testimony to not only a mostly failing
healthcare system but also a terrifyingly inept
criminal justice administration system in the
country. Of 270 tested for the novel coronavirus,
77 inmates and 26 prison officials tested positive,
contributing 103 new cases to a state already
marred by the worst infection statistics in the
country. This was not the first case of the virus
infecting people within India’s prison structures.
In April, 19 inmates and guards at Indore’s Central
Jail had tested positive as well. The Arthur Road
Jail incident however provides unmatched numbers and exposes several long-standing and oft
ignored issues with respect to prison administration in the country.Overcrowding and lack of basic
healthcare facilities in prisons is a global issue in the context of underdeveloped nations. In
Argentina, for example, prisoners and citizens alike have held organised protests demanding
temporary release of non-violent prisoners and have complained of insufficient water supply,
making it difficult to maintain hygiene standards for the prevention of the virus as recommended
by WHO. However different nations have taken commendable steps to contain the outbreak of
COVID-19 within prisons. The United States, Iran, Afghanistan and Turkey have acted
progressively towards the early release of a certain class of prisoners.
In India, the way the entire question relating to prisoner’s safety in times of the pandemic has been
dealt with exposes not only a dearth of smart criminal justice policymaking but also a growing
authoritarian hold of the present government regime. In a suo motu writ petition presented before
the Coram of Hon’ble Chief Justice S.A Bobde and Hon’ble Mr. Justice L Nageswara Rao in the
early days of the pandemic, it was stated that as per NCRB, occupancy rate in Indian prisons stood
at 117% with the rates standing at 176.5% in Uttar Pradesh and 157.3% in Sikkim, which is some
of the highest numbers in the world. It also noted that large scale inward and outward movement
of people in prisons magnifies the threat of contagion. According to the Human Rights Watch,
most Indian prisons have poor sanitation facilities. 70% of India’s prison population is just under-
trial prisoners.
Following the petition, a high-powered committee set up under the SC’s order that met on March
24 recommended the release of “under trial prisoners who have been booked/charged for such
offences for which maximum punishment is 7 years or less”. It gave the power to respective state
governments to decide on the class of prisoners who may be granted bail and only provided the
above criteria as a favourable consideration. However, most states have implemented the
recommendation blindly with little novel input.The problem with dealing with the Supreme Court
recommendation as a be-all-end-all policy is that it doesn’t really address the issue at its core.
Theoretically, it would help contain infection rates by reducing overcrowding but simultaneously,
46
since it does not differentiate between a ‘vulnerable’ and ‘non-vulnerable’ class of prisoners, it
does not provide promise of containing coronavirus related deaths within prisons.As Shivkrit Rai
and Nipun Arora rightly explain in The Caravan, “a 70-year-old prisoner under trial for forgery
who is highly vulnerable to the infectious disease would not be eligible for interim bail, while a
25-year-old under trial for theft would be”. Moreover, the policy of granting bail to less serious
offenders has proved to be practically unsound as was noticed in Maharashtra’s context, where
compared to 11,000 promised emergency bails or paroles, only 7000 had been granted bail over
the course of a month and a half, which constitutes a very long duration for the implementation of
emergency measures during a pandemic.
Internationally, temporary release of vulnerable prisoners has been given greater attention. The
Turkish Parliament for example has taken up the responsibility of early release of women
prisoners with children under the age of six, elderly prisoners and sick prisoners. Michelle
Bachelet had called for an international coordination for the release of vulnerable prisoners in state
prisons as well as a loosened leasehold over political prisoners.The issue of vulnerable prisoners
and political prisoners, it should be understood, is deeply entangled. A majority of under-trail
political prisoners are in for alleged offences that are non-bailable which means that according to
the nationally followed policy, they would be ineligible to avail interim bail, but a number of these
political prisoners are especially vulnerable to the disease.In late April, activists Anand Teltumbde
and Gautam Navlekha surrendered to charges under the Unlawful Activities (Prevention) Act. The
men are aged 70 and 67 years respectively. Poet and activist Varavara Rao, 80, was also denied
bail. During the time this article is being written, an online campaign continues to flare for the
release of JMI student activist Safoora Zargar, arrested for her political mobilisation during the
anti-CAA protests, taken in during the third trimester of her pregnancy. It has been alleged by her
lawyer that Zargar has been kept in solitary confinement in the name of quarantining and is not
being sufficiently nutritiously provided for keeping in mind her health requirements. A number of
activists such as the ones mentioned fall under the excessively vulnerable category.
A number of state committees have recommended that cases under the ED or the NIA or the
UAPA should not be considered in these times considering the popularly understood political
motivations behind such investigations. While the Supreme Court has failed in proposing a policy
to protect those prisoners who truly require protection, the lax prison administration structures
within the country have worsened the situation by an utter inability to provide sufficient bails.
Additionally, the increasing clampdown over political prisoners in the country in the post-
lockdown period aside from exposing a growing menace of authoritarian state oppression provides
path for a major human rights crisis that can create a mockery of the criminal justice system within
the country.
As Rai and Arora noted, imprisoning vulnerable political prisoners in these times is akin to
sentencing them to capital punishment. The continued imprisonment and rejection of bail pleas of
elderly people and pregnant women is testamentary of just how seriously the government takes the
health of its incarcerated population. Repeats of the Arthur Road Jail incident in worse numbers
and more fatal consequences in the near future should be of no surprise then.
47
BEYOND INDIA
International | 2019-2020 | Criminal News
Bhutan and
Homosexuality - Nitin
Kr. Verma
The National Assembly of

B h u t a n ’s p a r l i a m e n t h a s
repealed on Friday two articles
of the country’s Criminal Code
that criminalised homosexual
relations, although the
decision must still be
submitted to a vote in the
upper chamber. The Lower
House scrapped Section 213
and 214 which had
criminalized homosexual acts Examining the culpability of Child Soldiers under
as unnatural sex ; The International Criminal Law: Victims or Perpetrators?
amendment is yet to be by Astha Madan Grover
ratified by the upper house of
Pa r l i a m e n t , t h e N a t i o n a l The lines between victims and perpetrators are often
Council. porous. The child soldier dilemma illustrates this
tension. The ICC confant and the Lubanga case that
Botswana and
recruiting children under 15 into forces or armed groups is
Homosexuality - Nitin
Kr. Verma a war crime, but tried soldiers often also commit terrific
atrocities. Their victims find little comfort in the fact that
The Botswana High Court, in a tried soldiers are merely victims. One of the key examples
landmark judgement, has is former child soldier Dominique Ongwen. Dominic
decriminalised homosexuality Ongwen was abducted by the Lord’s Resistance Army. He
and declared Section 164 of had to punish civilians who refused to help the LRA. Fight
Botswana’s Penal Code, which the Ugandan soldiers and abduct more youths to fill the
criminalises same-sex sexual ranks. He faces twice the ICC as an adult for some of the
conduct, as unconstitutional. crimes that he suffered as a child, such as enslavement as a
The court cited the Indian crime against humanity. This is a complex phenomemenon
Supreme Court’s judgement in
that has been seen in many cases brought forth to the
Navtej Singh Johar & Ors.
International Criminal Court, most recently, the war crimes
Versus Union of India to
in Ntaganda.Some children enter conflicts voluntarily
upholds the privacy, dignity
and equality of homosexuals in
driven by ambition, patriotism or the promise of
the country opportunity. Other children are recruited through violence
48
Slavery is not a crime? - or threats. There are many reasons why they are used in
Sharique Uddin conflict. Often, shortage of troops is used as an argument by
commanders but there are Other factors. Children are attractive
In 94 countries, a person fighters since they.;re obedient, easy to manipulate and open to
cannot be prosecuted for dangerous assignments. Some of them have strong incentives
enslaving another human since membership in armed groups gives them power and
being, research by University prestige. The phenomenon cuts across sexes about 40% of child
of Nottingham has revealed. soldiers worldwide are girls. Some of them serve as combatants
On February 12th 2020 they or leaders, but many of them are used as sex slaves. The role of
launched one of its kind
children typically varies according to the child.;s age, gender
database the Antislavery in
and abilities. Some children fight alongside adults in hostilities
Domestic Legislation
or serve as guards. Others play support roles in conflicts by
Database.
maintaining camps or providing any other support required by
Brazil and Homophobia combatants.
- Nitin Kr. Verma
The Criminal Process takes into account these distinctions in
B r a z i l ’s S u p re m e C o u r t the following ways, children have a special status under
officially made homophobia international law. Article three of the conventions on the rights
and transphobia crimes similar of the child, states that the best interests of the child shall be in
to racism, with the final justices primary consideration in all actions concerning children. The
casting their votes. Racism was principles and guidelines on children associated with armed
made a crime in Brazil in 1989 forces or armed groups state expressly that child soldiers who
with prison sentences of up to commit crimes should be considered primarily as victims of
five years. The court’s judges
offenses of international law not only as perpetrators.
have said the ruling was to
address an omission that had This reading is confirmed by the ICC Statue. Article 26 states
left the LGBT community that the court shall have no jurisdiction over any person
legally unprotected. who was under the age of 18 at the time of the alleged
The tiff between Sri commission of the crime. This provides a strong signpost
Lanka and UN - against the prosecution of crimes committed by child soldiers
Sharique Uddin under the age of 18 by international courts and tribunals. The
Special Court for Sierra Leone had jurisdiction to prosecute
The U.N. Department of Peace children of 15 years and older, but it did not use this
Operations has suspended Sri prerogative.To date, no child has been charged in international
Lankan troops from all tribunal for war crimes or atrocities. The arguments in support
international peacekeeping of this approach are as follows. Recruitment, enlistment and use
duties in response to of children in hostilities is per se against the best interest of the
the appointment of Major
child. Both the Special Court for Sierra Leone and the ICC in
General Shavendra Silva as the
Lubanga have made it clear that the perpetrator cannot rely
head of the country’s armed
on the consent of the child as an affirmative defense to child
forces. The appointment drew
concern from a number of
soldier charges. The main responsibility from participation
Western nations, including the and conflict lies typically with the armed forces or groups who
UK, because of the Major enlist, recruit or accept children rather than with the children
General’s record of being themselves.Child soldiers often suffer from specific
accused of war crimes in the psychological and mental health conditions. The experience of
course of the Sri Lankan acts of violence and the continued and group structures can
separatist conflict. hamper the children.;s development, and their ability to
49
function as children. It is in particular doubtful to what extent they can appreciate the
contextual elements of international crimes and form the intent necessary for complex offenses. It
is also difficult to determine a clear cut age limit in relation to criminal responsibility. The
minimum age of criminal responsibility varies from country tocountry. International criminal law
lacks a differentiated juvenile justice system that is typically applied in domestic settings. Formal
prosecution might not be the best way to deal with accountability. Certain alternatives to criminal
proceedings, such as restorative justice mechanisms and social rehabilitation might be better suited
to the needs than traditional means of punishment.Treating child soldiers per se as infants that are
incapable of making responsible choice oversimplifies their complex identities. Not all child
soldiers have been abducted. Some fight for what they see as a legitimate political cause. Certain
children between 15 and 18 might be able to appreciate the wrongfulness of their acts. Many legal
systems allow differentiations in the treatments of responsibility according to age. For instance,
the convention on the rights of the child doesn.;t expressly exclude criminal prosecution of
children. In many countries, this responsibility is determined on an individual basis based on the
psychological development of the child. Moreover, the accountability may serve the interest of
both the child and the long-term peace. Child soldiers might not be accepted back in their
community without some sense of justice by victims.
If child soldiers are prosecuted, it is difficult to determine culpability. The criminal justice system
typically offers two avenues to accommodate their dual status as victimizer and as victim child
soldiers can, first of all, invoke certain defenses. Defenses may exclude criminal responsibility, but
the threshold is high. For instance, at the ICC, Dominic Ongwen claimed that he should be
excluded from criminal responsibility since he was brainwashed and lived most of his life under
duress. The chamber rejected this crime. It held that the law doesn.;t recognize such a type of
institution less duress. Threats must be eminent and eliminate choice. The second approach is the
law regarding sentencing. It is more flexible, it allows for a mitigation of the sentence. Judges
must take into account the individual circumstances of the convicted person. In this way, the
traumatic childhood and the conditions of child soldiers can be invoked to reduce the sentence,
but they do not preclude responsibility of prospects of reparation by victims. Broadly the two
narratives are, a victim-oriented narrative and an accountability narrative. Prosecuting child
soldiers can be both a tragedy and a necessary evil.
The criminal trial is a measure of last resort. It tends to reason in binary categories. Guilt and
innocence, capacity and incapacity, adult or child or victim and perpetrator. The child soldier
dilemma does not fit neatly into these categories. There.;s an emergent consensus that children
below the age of 18 should not be prosecuted for war crimes and crimes against humanity by
international courts, but this does not mean that there are no options for accountability. One
approach is to hold child soldiers accountable in ways other than criminal prosecutions. For
instance, by using transitional justice mechanisms, such as truth and reconciliation
commissions. This approach is in line with a convention on the right of the child,
which encourages states to pursue alternatives to judicial proceedings for children.A second
approach is to try child charges before certain domestic court, but subject to international
standards of juvenile justice. Such prosecutions may not present the best way to ensure the interest
of the child and should thus, be a last resort. A soft approach is to hold child soldiers accountable
internationally for crimes that were committed by them as adults, normally after the age of 18.
50
ACTIVITIES BY SACJ
Events | 2019-2020 | SACJ
Talk by Mr. Sushil Tekriwal (29th August, 2019)
The Society for advancement of Criminal Justice hosted an

engaging session with Mr. Sushil Tekriwal, eminent supreme
court lawyer and TV panelist on 29th August, 2019. The
topic of the session was “Criminal Justice System:
Encounter and fallacies”. The session was conducted under
the supervision of its faculty advisor Prof. Faisal Fasih and
was moderated by Ankit Pal. Mr. Tekriwal is best known as
a counsel of
victim’s family
in the infamous Ryan International School/ Pradyumn
murder case of 2017.
Mr. Tekriwal shared the insights of criminal law and

shared his experience of being the counsel of the
victim’s family. He put some light on the challenges in
criminal litigation. He also guided the students about
the work approach as a lawyer. The session was
attended by the faculty members and the students of
WBNUJS.
Talk by Merri Hanson (19th September, 2019)
51
The Society for Advancement of Criminal Justice hosted a talk by Ms Merri

Hanson, the Director of Peninsula Mediation & ADR on 19th of September
2019. The theme of the lecture was “Victimology, Gender and Mediation”.
She enlightened the students on the benefits of mediation services, which

makes it the most viable form of dispute resolution in family, workplace and
commercial disputes. Ms Merri’s experience in the field of mediation across
various recognised institutions of the U.S. made this session extremely
engaging and insightful.
Essay Competition 2019
The Society for Advancement of Criminal Justice hosted its 6th NUJS
SACJ National Criminal Law Essay Writing Competition on the month
of October, which open to all law students belonging to the LLB and
LLM programmes. The participants were given about a month’s time to
submit their essay on any one of the three themes selected by the
society. These essays were then judged by renowned luminaries Harish
Salve, Siddharth Luthra and Dr. Pinky Anand, who marked the students
based on the content, research and analysis of the paper. Finally, after
putting in two months of preparation by the organisers of the society, the
event turned out to be a success due to enormous participations of
students from across the country.
Workshop on “Prison Administration and Prisoner’s Rights (13th - 15th December 2019)
The Society for advancement of Criminal Justice (SACJ) organised a 3-day workshop on “Prison
Administration and Prisoner’s Rights” from 13th to 15th December,2019.
Workshop on the 13th –The chief guests for

the day were Shri Naparajit Mukherjee,
m e m b e r o f W. B . H u m a n r i g h t s
Commission and Shri Arun Kumar Gupta,
DG and IG, Correctional Services,
Government of West Bengal. The workshop
for the day began with the welcome address
by Prof. (Dr.) N.K. Chakrabarti, Hon’ble
Vice Chancellor of WBNUJS. The eminent
guests enlightened the participants about
their personal experiences working in their
respective fields.
Workshop on the 14th - Hon’ble Justice

Joymala Bagchi, a sitting judge at Calcutta
High Court was the chief guest for the day.
52
Justice Bagchi put some light on the role of judiciary in safeguarding prisoner’s rights and the
requirement of police officials and prison department to work hand in hand to ensure protection of
rights of under-trials.
Workshop on 15th, 2019 –The day-3 of workshop was graced by Dr. Satyajit Mohanty, DGP
(Intelligence) Odisha. He addressed about the problems faced by authorities while dealing with
prisoners. Mr. Mohanty also apprised about the steps which the officials need to undertake to
implement the recommendations of different governmental committees and judiciary. The
workshop was attended by Police Officers, Prison Authorities, Resource Persons, Faculty
Members, Members of SACJ
Workshop on Combatting Trafficking Through Technology : Modern Methods of Crime

Detection in collaboration with the International Justice Mission (16th December 2019)
The Society for Advancement of Criminal Justice at NUJS organised and hosted a One-Day
workshop on .;Combatting Trafficking Through Technology: Modern Methods of Crime Detection
in collaboration with the International Justice
Mission.
Mr. Mayank Kejriwal, Research Assistant

Professor in the University of South
California presented his work on MEMEX.;s
DIG SOFTWARE, a software to detect online
crimes against women and children. The
software was highly praised by the esteemed
guests and the audience. The session also saw
presence of other panelists like Mr. Mathew
Joji, Shri Indra Chakraborty IPS (CID), West
Bengal, Mr. Anupam Agarwal and Professor
Pabitra Mitra from IIT Kharagpur.
All the esteemed guests were felicitated by hon’ble Vice Chancellor of NUJS Prof. (Dr.) N.K.
Chakraborty. All the panelists discussed the issue of digital trafficking and technological
advancements to prevent Crime in the Society. Interesting questions were raised up by the
audience which led to a fruitful discourse. The session was attended by students of WBNUJS and
other members of legal fraternity.
INBA Conference (23rd December, 2019)
The Society for Advancement Criminal Justice hosted a one-day conference on .;Indian Criminal
Justice System- Delivery and Role of Courts.; in collaboration with Indian National Bar
Association. The theme of the conference was- “Has the Indian Criminal Justice System has
completely been dismantled or is still there a hope left?” The eminent guests who had come for the
conference and shared their views on the subject included Shri K Hari Rajan, an IPS officer, Mr.
Indrajeet Dey, an advocate at Calcutta High Court, Inspector Manishankar, Inspector Ghosh and
53
Inspector Abhijeet Chowdhury from

Swami Vivekanand State Police
Academy, Advocate Soumyajeet De,
Mr. Aryan Goshal, an eminent Artist
and Occultist, Advocate Sudeep
Moitra and some faculty members and
students from different law colleges.
The conference was conducted under

the supervision of mentor Prof. (Dr.)
Kavita Singh and its faculty advisors
Prof. Faisal Fasih, Prof. Surja Kanta
Baladhikari and Senior Inspector Hari
Rajan rightly began his address with
the words- .;Criminal Justice System
has been faltering and staggering but has still not entirely fallen.;. The subsequent speeches paid
emphasis on reasons for loss of faith in Justice Delivery System, which was clearly visible when
people celebrated the recent Hyderabad Encounter Killing. The panelists discussed about ever-
increasing problem of backlog of cases, problems with Prosecution System, and problems with
Crime Investigation Agencies. Issue of reforms required in police system was also discussed at
large. The conference tried to address the basic problems of all the pillars of Criminal Justice
System in India which includes police, prosecution, prisons and courts.
IJM (16th January, 2020)
The Society for Advancement of Criminal Justice hosted an International certificate workshop in
collaboration with International Justice Mission on the 16th of January 2020. The theme of the
workshop was “Combating Human Trafficking: Issues and Challenges Towards Achieving United
Nations Sustainable Development Goals.”The workshop was presided over by several dignitaries
from the United Nations, IONA College of New York, International Justice Mission and UNICEF
that preached the audience on the ground reality of human trafficking and encouraged a discourse
to curb the menace. Furthermore, several students, faculty members from outside and within the
college, attended the workshop, making it a successful event.
QRIOSITY 2020
The Society for Advancement of Criminal Justice hosted its 4th

NUJS SACJ online quiz competition, ‘Qriosity’ on the 2nd
February, 2020. The theme of the quiz was based on national
criminal law that required participants to answer a set of multiple-
choice questions within a prescribed time limit. The quiz tested
them on their knowledge of criminal lawand landmark judgements.
Due to the ease of online competition, the quiz saw an enormous
number of participants from various law schools and universities
across the country, making it a successful event.
54
Talk by Mr. Shams Tahir Khan
The Society for advancement of Criminal Justice hosted the inaugural session of the two-day
Conclave on Criminal Law and Justice Administration with Mr. Shams Tahir Khan, Senior
executive Editor and Crime Head at Aaj Tak on
March 13, 2020. Mr. Khan is credited for
revolutionising Criminal Reporting in this
country. He was the only TV media journalist to
interview Afzal Guru after his conviction. The
theme of the session was Media-trials. The
session was moderated by Ms. Aditi Singh, a
second-year member of the society. The vote of
thanks was presented by Mr. Deepanshu
Agrawal, co-convenor of the society. The
conclave was conducted under the supervision
of its faculty advisors Prof. Faisal Fasih, Prof.
Surja kanta Baladhikari and mentor Prof. (Dr.)
Kavita Singh.In order to promote the discourse
in vernacular language in law school, the session was conducted in Hindi.
Mr. Khan addressed the audience about the ideals of Natural Justice and
the status of Criminal Justice system in India including lower courts and
government. He put some light on the recent developments in Nirbhaya
case and role of media trial in Hyderabad Rape and Encounter case. He
enlightened the audience about his personal experiences in this field and
also about the current deplorable state of News Media. He also shared his
experience of reporting in Mosul amidst the ISIS threat.The Session was
around one and a half hour long and the audience comprised of students
of different law schools and the members of legal fraternity.
Conclave on Contemporary Issues surrounding Criminal Law and Justice Administration

(13th-14th March 2020)
The Society for advancement of Criminal

Justice hosted the two-day Conclave on
Criminal Law and Justice Administration on
13th -14th March, 2020. The first part of the
conclave began with Mr. Shams Tahir Khan’s
Session.
The theme of the second day and second

session of the conclave was “Rising Crimes
against women and failure of criminal justice
system: A social-legal perspective”.
The conclave was conducted under the

supervision of its faculty advisors Prof. Faisal
55
Fasih, Prof. Surja kanta Baladhikari and mentor Prof. (Dr.) Kavita Singh. This session had an all
women panel comprising of Dr. Payel Rai Chowdhary Dutt, Co- ordinator of Human Rights
Department at Rabindra Bharti University, Ms. Ankita Chakravarti, Assistant Professor of
sociology at WBNUJS, Ms. Aparajita Rai, IPS officer currently posted as DCP, Special Task Force
in Kolkata Police and Mrs. Sampa Karmakar, Assistant Professor at NUJS from the School of
Criminal Justice Administration.The discussion revolved around the steady rise of crimes against
women post Nirbhaya case. The panellists also put some light on the idea of Justice in the eyes of
the victim and her family. Ms. Rai in her address tried to paint the difference between the idea of
social justice and legal justice from the police personnel’s point of view. The discourse also
revolved around the concept of gender targeted crimes and identity-based discrimination.The
audience comprised of students of different law schools and the members of legal fraternity.
The theme of the second day-

third session of the conclave
was “The debate around the
amendments in the medical
termination of Pregnancy Act,
1971”. The panellists for the
session comprised of Advocate
Kallol Basu, Learned Advocate
of Calcutta High Court and
former counsel of WBPCB, Dr.
Sujata Datta, a reputed
gynaecologist and Laparoscopic
Surgeon at Fortis Hospital, Renowned Advocate Apalak Basu and Mr. Surja Kanta Baladhikari,
Guest Faculty of Law at WBNUJS. The panellists majorly discussed about the amendment
proposed to increase the gestation limit for abortion to 24 weeks.
The vote of thanks was delivered by Mr. Deepanshu Agrawal, Co-convenor of the society. The
session was attended by Advocate Abhishek Kusari and advocate Pritha Bhaumik Basu, students
of different law schools and members of legal fraternity.
56
57
OUR TEAM
The NUJS SACJ | 2020-21
L to R : Deepanshu Agarwal (Convenor), Pratyush Jena (Co-Convenor), Shreya (Co-

Convenor), Simran Upadhayaya (Treasurer), Suyash Sharma, Aditi Singh Chandel, Apoorv
Shukla, Samarth Sansar, Mrunal Mhetras, Sharique Uddin, Aanish Aggarwal, Mehul Jain,
Prashashti Mishra, Astha Madan Grover, Akanksha Vashistha, Nitin Kumar Verma,
Kashmita Mewal, Rupanwita De, Praneeta Tiwari, Vishal Choudhury.
58
CREDITS
The Reason why this newsletter exists
Our Contributors
Aanish Aggarwal
Aditi Singh Chandel
Akanksha Vashistha
Anshum Agarwal
Apoorv Shukla
Astha Madan Grover
Deepanshu Agarwal
Kashmita Mewal
Mehul Jain
Mrunal Mhetras
Navya Bhayana
Nitin Kumar Verma
Praneeta Tiwari
Prashashti Mishra
Pratyush Jena
Rupanwita De
Samarth Sansar
Shreya
Sharique Uddin
Simran Upadhayaya
Sri Hari Mangalam
Sushant Gajula
Sushovan Patnaik
Vatsala Parashar
Vishal Choudhury
Somya Kumari (Cover Page Photo)
59
Our Chief Editors
Deepanshu Agarwal
Praneeta Tiwari
Our Editors
Pratyush Jena
Shreya
Simran Upadhayaya
Aditi Singh Chandel
Special Thanks to
Prof. (Dr.) Nirmal Kanti Chakrabarti
Prof. (Dr.) Kavita Singh
Mr. Faisal Fasih
Mr. Surja Kanta Baladhikari
Anshul Dalmia
60
CONTACT US
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Youtube : https://www.youtube.com/channel/
UCTPPL4hJw5sCXI6RsIUzGkA
Linkedin : https://www.linkedin.com/company/the-society-
for-advancement-of-criminal-justice-nujs
Twitter : https://twitter.com/sacj_nujs?s=20
Instagram : https://instagram.com/sacj.nujs?
igshid=1h63p4tj4saqi
Website : nujssacj.com
61

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The SACJ Annual Newsletter 2019-20 13 July 2020

THE SACJ NEWS

Containing news and updates of Crime, Cases and Much More!

About The NUJS Society for Advancement of Criminal Justice

The Society for Advancement of Criminal Justice is

09.07.2020 Prof. (Dr.) Nirmal Kanti Chakrabarti

The Words of Our Founder - Prof. Dr. Kavita Singh

It was one sunny afternoon in the year 2005, when Prof.

The Words of the Faculty Advisors

Mr. Faisal Fasih

Assistant Professor of Law & Faculty Advisor, SACJ - WBNUJS

Mr. Surja Kanta Baladhikari

Guest Faculty of Law & Faculty Advisor, SACJ - WBNUJS

Message from the Convenor (SACJ 2019-20)

While we live in an environment streaked with murders by

EC and Hate Speech -

The Supreme Court has

Lincoln City Council

minority population. The political struggle entirely based

Earlier, in the game of power politics, people tried to spread

Issues with respect to the CAA:

CAA – NRC Protests

Criminal justice system from a victim’s perspective

Rights of the suspect

The world faced an immense

The term economic offences in

VVIP Chopper Money

Delhi High Court with respect

The Delhi High court rejecting

The provisions relating to

July | 2019 | Criminal News

Definition of Rape not National Investigation Agency (Amendment) Bill 2019

ICJ prono unces its Centre re-defines Child

August | 2019 | Criminal Law

September | 2019 | Criminal Law

Jharkhand High Court has

Divergent Dying Declaration by Akanksha Vashistha

October | 2019 | Criminal Law

Bosnian court jails ex-soldier for war crimes by Sharique Uddin

S a u d i c ro w n Pr i n c e Release of the NCRB report of 2017 by Akanksha

November | 2019 | Criminal News

Ma t c h Fi x i n g Criminal Law amendments which are beneficial to the

December | 2019 | Criminal Law

A n t i Ma r i t i m e B i l l The Parliament passes Prohibition of Electronics

On December 9, 2019, the The Prohibition of Electronic Cigarettes (Production,

January | 2020 | Criminal News

Rape and Murder Tops

Conviction Cannot Be Solely Based On The Evidence Of Hand-Writing Expert: SC by

February | 2020 | Criminal News

corroboration with direct and circumstantial

The KLE Sedition case by Praneeta Tiwari

The Karnataka Sedition case or alternatively the

March | 2020 | Criminal Law

All the four convicts who had

April | 2020 | Criminal Law

Indian activist and Nobel Peace

MHA speculates in them, perpetuated by myths related to FGM. One of the

At t a c k o n D o c to rs - The arrest of the student activist Safoora Zargar has created a

May | 2020 | Criminal Law

The Union Ministry of Home