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FROM RETRIBUTION TO RESTORATION: THE ROLE OF COMMUNITY SERVICE IN INDIA’S CRIMINAL JUSTICE DEVELOPMENT
The Indian criminal justice system has always believed in punishment without affording much scope for rehabilitation, where punishment was seen as a deterrent.The Indian Penal Code provided punishments like imprisonment for life, a specific term, or the capital penalty, leaving a very narrow room for restorative and reconstructive measures, per se. Thus, because of this, there was overcrowding of...
Passion Homicide: Is the Heat of Passion Still Valid?
AbstractThe purpose of this article is to examine the heat of passion concept, as it is defined in the Bharatiya Nyaya Sanhita. We examine the origins of this concept, how it has developed, its current use in Indian courts, and several criticisms which have been raised against it. The intent of this paper is to demonstrate that this doctrine...
Foster Care and Adoption Systems
IntroductionChildren are the backbone of society, but thousands of children in India grow up without the care and love of a family due to various adversities. Poverty, abuse, abandonment, migration, natural calamities, and death of parents render a large number of children vulnerable and homeless. Foster care and adoption aim at offering protection to such children by placing them...
The Role of Forensic Evidence in Solving Crimes
IntroductionThe most important characteristic of forensic is that it has become a significant factor in crime solving in addition to being an important part of criminal law. The importance of it in tracking, substantiating the accounts, and vindicating the unexpected is an invaluable record. The primary reason for the application of forensic evidence for criminal trials is in its...
Irretrievable Breakdown of Marriage as a Ground for Divorce: Should India Finally Reform Its Matrimonial Laws?
Introduction Marriage in India is traditionally seen as a holy and lifelong union, but the realities of modern life change and show that not all marriages are emotionally or functionally sustainable over time. There are situations in this modern era where the relationship has completely collapsed beyond repair, even though this reality is not adequately reflected in the statutory...
Live-in Relationships in India- Legal Status, Rights, and Misconceptions
Live-in relationships in India occupy a curious middle space: they are not governed by a dedicated statute, but they are no longer “illegal”, and courts have steadily read rights into existing constitutional and family-law frameworks to protect partners, especially women and children. At the same time, deep social stigma and several myths still shape how families, police, and even...
Marital Rape in India: Law, Consent, and the Limits of Criminal Justice
Marital rape remains one of the most contested and unresolved issues in Indian criminal law. While non-consensual sexual intercourse is criminalised as rape under Section 375 of the Indian Penal Code, 1860 (IPC), Exception 2 to the provision categorically excludes sexual intercourse by a husband with his wife (above the age of fifteen) from the offence of rape. This...
The Role of Arbitration and Conciliation in Resolving Matrimonial Disputes
When Marriage Breaks, Must Families Too?This is the question which lies at the heart of today’s conversations around marriage and highlights the growing need for more amicable ways to resolve matrimonial disputes. Marriages in India are initiated with promises, prayers, and photographs that capture hope. And what happens when these smiles stop appearing in real life? When silence replaces...
Section 498A: When Protection Becomes Persecution
No one, who has ever been involved with marriage disputes in India, is ignorant about the uncomfortable reality that Section 498A in the criminal code is one of the most abused provisions. The beginning of this section was the protection against dowry harassment, but as time passed it became something even more troublesome. The journey is worth examining closely...
Irretrievable Breakdown of Marriage as a Ground for Divorce: Should India Finally Reform Its Matrimonial Laws?
IntroductionMarriage in India is traditionally seen as a holy and lifelong union, but the realities of modern life change and show that not all marriages are emotionally or functionally sustainable over time. There are situations in this modern era where the relationship has completely collapsed beyond repair, even though this reality is not adequately reflected in the statutory grounds...
