Category : Uncategorized
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...
Fraud Prevention and Legal Accountability in Immigration Practice
IntroductionImmigration plays a significant role in shaping individual lives as well as national development. People move across borders for education, employment, family reunification, or safety. For many, immigration represents hope and the possibility of a better future. However, the legal process involved is often complex and unfamiliar, especially for first-time applicants. This complexity creates space for confusion, mistakes, and...
Swiss Ribbons Pvt. Ltd. v. Union of India (2019)
IntroductionInsolvency and Bankruptcy Code (IBC) of 2016:It was meant to be a “clean-up” tool for India’s stressed economy. Before this, closing a failing business took years. But when the IBC arrived, it was so radical that it was immediately challenged in court. The Swiss Ribbons case is the definitive judgment that saved the IBC from being scrapped or watered...
Vodafone International Holdings BV v. Union of India (2012)
IntroductionWhen globalization took off, multinational corporations started using layered corporate structures to stay tax efficient. This often led to friction with national tax authorities. Perhaps the most famous “tug of war” in Indian history is the Vodafone case. This judgment didn’t just change how we look at corporate tax; it sparked a massive debate on whether a government can...
Why Visa Refusal Cases Are Most Likely Due to Legal Errors.
INTRODUCTION While engaging with applicants for visas and in scanning publicly available data on visa refusals, one thing becomes apparent: visa refusals are sometimes neither due to the lack of eligibility nor necessarily due to unavoidable legal blunders. A great many applicants feel that having a genuine reason to visit the country is sufficient to obtain a visa. But...
Custody: The Silent Surge Of De Facto Guardian
Imagine if a grandmother who has nurtured her grandson to a mature man in eight years of uninterrupted commitment, only to be confronted by a habeas corpus petition by his biological father, who wants to be given custody. This situation depicts the increasing difficulty of the Indian family law in which de facto guardians, or those who have been...
Custodial Violence and Police Accountability in India: A Critical Analysis
Introduction Custodial violence is one of the darkest stains on India’s democratic fabric, with the very institutions that were established to secure the citizens being used against them. Torture, beatings, and even death are the order of the day in the police lock-ups and judicial custody, usually written off as suicides or natural causes. These silent screams behind bars...
CONSENT IN SEXUAL OFFENCES
AbstractConsent forms the cornerstone of independence and legal responsibility in sexual offence cases. Contemporary criminal law progressively acknowledges that consent goes beyond verbal confirmation to encompass a willing, knowledgeable and ongoing assent. Confusions, about consent within close and imbalanced relationships frequently lead to coercion being wrongly seen as consent. Through the introduction of the Bharatiya Nyaya Sanhita, 2023 Indian...
The Impact of Digital Monitoring technologies as an Alternative to Cash Bail
The Indian criminal justice system operates on the fundamental presumption of ‘innocent until proven guilty’, stressing that bail, not jail, should be the guiding principle for those awaiting trial. But, this ideal is heavily compromised by the established practice of monetary bail and demanding surety bonds. This system creates a social economic division between those with financial means gain...
Why Complex Client Profiles Require Legal Assessment
Imagine that you have been living in your target country for years. You have created a family and put up your roots there. And now you want permanent citizenship. However, your complex background of a past DUI, visa overstay, or a health condition puts up an obstacleto approval. It usually appears that immigration applications are simple. They seem easy...
