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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...
