Ratio Obiter A Fortnightly Newsletter By Criminal Law Review

Issue 1 July 2020

Criminal Law Review (CrLR) | A Research Organisation

Contributers:

Meghna Singh

Prerana Agarwal

Riya Bhardwaj

Urvashi Singh

Editing Team:

Haritima Kavia

Hunar Malik

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Contents

About Us .................................................................................................................................... 2

About ‘Ratio Obiter’ .................................................................................................................. 2

From the Desk of the Founder ................................................................................................... 3

Snippets ...................................................................................................................................... 4

Supreme Court ........................................................................................................................... 5

Delhi High Court........................................................................................................................ 7

Bombay High Court ................................................................................................................... 8

Himachal Pradesh High Court ................................................................................................... 8

Gujarat High Court .................................................................................................................... 9

Rajasthan High Court ............................................................................................................... 10

Calcutta HC .............................................................................................................................. 11

Punjab & Haryana High Court ................................................................................................. 12

Karnataka High Court .............................................................................................................. 13

Allahabad High Court .............................................................................................................. 14

M.P. High Court ....................................................................................................................... 15

Kerala High Court .................................................................................................................... 15

Blog Posts ................................................................................................................................ 17

Quiz Question .......................................................................................................................... 20

Fun Facts .................................................................................................................................. 22

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

About Us

Criminal Law Review (the ‘CrLR’), is a research organisation founded by Ashwani

Kumar Singh. Though the CrLR started as a criminal law blog in Jan 2018, later on (in

the beginning of 2020) we started working to establish the CrLR as a research

organization. CrLR is incubated by the GNLU Legal Incubation Centre (GLIC).

The CrLR takes up several research projects, runs a blog and conducts various events

with an aim to promote legal writing and research and to assist legal fraternity in the

field of criminal law. As a research organisation, the CrLR provides an effective

platform to credible and comprehensive research work that deals with the intricacies

and nuances of criminal law.

We currently have a long-term project and two short-term projects going on. Last year,

we published our first e-book titled 'Eight Landmark Criminal Law Judgments of

2018' - available here.

About ‘Ratio Obiter’

The Ratio Obiter is a fortnightly newsletter to keep the legal community updated

about the recent happenings with regards to criminal law. The prime objective behind

the inception of this idea is to spark contemporary and insightful discussions in the

realm of criminal law. The CrLR team along with the interns efficiently works in

selecting content and editing process to put out only the best content.

The newsletter would consist of brief updates on select judgements of the Supreme

Court and High Court of India, recent blog posts, important legal news and snippets

of SC judgements among others.

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

From the Desk of the Founder

As our tagline suggests, the primary goal behind every activity of the CrLR is to assist

Legal Fraternity in Criminal Law in different ways possible. The Ratio Obiter, our

fortnightly newsletter, runs on the similar lines by keeping you updated.

The First Issue of the Ratio Obiter has been made possible majorly by the efforts of our

Interns, and our Team is thankful to all of them - Meghna Singh (2018-23, JGLS), Riya

Bhardwaj (2018-23, NUSRL), Urvashi Singh (2017-22, JGLS) and Prerana Agarwal

(2018-23, HNLU),

Our team has already started working on the next issues, and the upcoming issues of

the newsletter will have more diverse elements and a few more interesting reads on

current legal affairs.

If you are interested in contributing, reach to us at crlreview@gmail.com or +91-

7434045410 or any of our social media pages. We would be happy to hear any feedback

/ suggestion from your end, please do get in touch.

~

Ashwani Kumar Singh, Founder & M.D.

E: ashwanis528@hotmail.com

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Snippets

The Apex Court on Section 197 of the Cr.P.C.

Every offence committed by a police officer does not attract Section 197 of the

Code of Criminal Procedure read with Section 170 of the Karnataka Police Act.

The protection given under Section 197 of the Criminal Procedure Code read

with Section 170 of the Karnataka Police Act has its limitations.

The protection is available only when the alleged act done by the public servant

is reasonably connected with the discharge of his official duty and official duty

is not merely a cloak for the objectionable act.

The Supreme Court on ‘the Law of Precedent’

All Courts including the High Courts and the Supreme Court have to follow a

principle of Comity of Courts. A Bench whether coordinate or Larger, has to

refrain from making any uncharitable observation on a decision even though

delivered by a Bench of a lesser Coram.

A Bench sitting in a Larger Coram may be right in overturning a judgment on

a question of law, which jurisdiction a Judge sitting in a coordinate Bench does

not have. In any case, a Judge sitting in a coordinate Bench or a Larger Bench

has no business to make any adverse comment or uncharitable remark on any

other judgment.

On Inherent Powers vested in High Court by virtue of Sec 482, Cr.P.C.

An application under Section 482 of the Criminal Procedure Code is

maintainable to quash proceedings which are ex facie bad for want of sanction,

frivolous or in abuse of process of court

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Supreme Court

1. D. Devaraja vs. Owais Sabeer Hussain

Criminal Appeal No. 458/2020 (Arising Out of SLP (CRL.) No. 1882/2018)

1.1. Keywords- Section 482, Cr.P.C., Quashing of FIR, Inherent Power of High

Court.

1.2. Power u/s 482 of Cr.P.C. can be exercised to quash criminal proceedings

which are ex-facie bad in law for want of sanction.

1.3. Section 482 of Code of Criminal Procedure lays down the inherent powers of

the High Court to quash criminal proceedings to prevent the abuse of power

of any court or to meet the ends of justice.

1.4. The judgment notes that under section 482 of the Cr.P.C., the High Court may

exercise its jurisdiction to quash such complaints against police officers or

public servants which cannot be entertained without prior sanction from the

government, as is mandated u/s 197 of the Cr.P.C.

2. Subhash Sahebrao Deshmukh vs. Satish Atmaram Talekar & Ors.

Criminal Appeal No. 2183/2011

2.1. Keywords- Section 401-Cr.P.C., High Court’s Power of Revision, Right of

Accused to be heard.

2.2. Accused is entitled to be heard in a revision petition against dismissal of

protest petition.

2.3. Section 401 deals with the powers of the High Court as a Court of revision. It

is a discretionary jurisdiction vested in the High Court which should be

exercised sparingly to decide questions of legality, propriety, regularity or

correctness of any finding, sentence or order. Clause 2 of the section states that

no order shall be made to the prejudice of the accused and he should be given

an opportunity to be heard.

2.4. If the complaint has been dismissed by the Magistrate u/s 203 (dismissal of

complaint) of the code, and later, the legality of the said order is challenged by

the complainant in a revision petition before the High Court or the Sessions

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Judge, the persons who are arraigned as accused in the complaint have a right

to be heard in such a revision petition. This is a plain requirement of section

401(2) of the Code.

3. Ainul Hoque Molla vs. The State of Assam

Special Leave to Appeal (Crl.) No(s). 2581- 2582/2020

3.1. Keywords- Anticipatory Bail, Power of Review, Bail to co-accused.

3.2. An anticipatory bail order cannot be reviewed which has been granted to an

accused already.

3.3. The petitioner in the case was granted anticipatory bail by Gauhati High Court

in August 2019. Later on, when the petitioner's co-accused approached the

High Court, a different bench issued notice to the petitioner that bail had

already been granted to her and also stating that the anticipatory bail was

"erroneously granted". The co-accused was therefore denied bail. The question

raised before the Supreme Court was whether there is a power to review an

order for bail that has been granted already, that too by a different judge.

3.4. The Apex Court stated that “there is no such power of review in such a matter

and thus the bail already granted could not have been reviewed in this manner

by another learned judge on the judicial side”.

4. S. Kasi vs. State through the Inspector of Police Samaynallur Police Station

Madurai District.

Criminal Appeal No. 452/2020 (Arising Out of SLP (CRL.) NO.2433/2020)

4.1. Keywords- Section 167(2)-Code of Criminal Procedure-Default Bail-Right of

Accused-Limitation.

4.2. Suo Motu extension of limitation or lockdown will not affect the right of

accused to default bail u/s 167(2) of Cr.P.C.

4.3. Section 167(2) of Cr.P.C. deals with ‘default bail’ or ‘statutory bail’ wherein the

magistrate may grant bail upon failure of the police to file a charge-sheet within

the statutorily stipulated time period after taking an accused in custody.

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

4.4. Provisions of section 167 of Code gives due regard and recognition to personal

liberty of person - If charge sheet is not submitted within 60 days or 90 days as

may be applicable, accused cannot be detained by Police. Hence, extension of

period of limitation and filing of petitions/applications/suits/appeals during

lockdown period is not to affect right of accused for grant of bail by default for

not filing charge sheet within prescribed period.

Delhi High Court

5. Deepali Aggarwal vs. State of GNCT

W.P. (CRL.) 55/2020 & Crl. M.A. Nos.1537/200 & 3137/2020

5.1. Keywords - Negligence in investigation, culpable negligence, death by use of

firearms

5.2. In this case the petitioner is a widow of Late Sachin Aggarwal who was found

dead inside his car with a bullet injury on 26/12/2019. The petitioner filed this

petition under Article 226 of the Constitution alleging negligence of police in

investigating this case. The court disposed off the case after directing that the

case must be investigated under supervision of DCP (Crime) of Delhi Police

instead of DCP of the concerned police station where the crime occurred.

6. Rafiq Ahmed Shiekh vs. Narcotics Bureau of Delhi

CRL. A. 918/2017 & CRL.M. (BAIL) 7406/2020 & CRL.M.A. 7951/2020

6.1. Keywords: NDPS, Narcotics, Drugs, Appeal.

6.2. The present case was an appeal from a judgement passed in Patiala House

Court on 29/07/2017 where the appellants were convicted for offence

punishable under Section 23 and 29 of the Narcotics Drugs and Psychotropic

Substance Act,1985 (NDPS Act).

6.3. They challenged the judgement for four errors, case not being properly

investigated, sample tested by the Central Revenue Laboratory not being the

seized sample, case supported by prosecutors not being based on evidence on

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

record and that the court convicted the appellants on the basis of involuntary

self-incriminatory statements.

6.4. The Delhi High Court reversed the judgement of Patiala House Court and

acquitted the appellants of all charges.

Bombay High Court

7. Devanand vs. State of Maharashtra

7.1. Keywords: POCSO, Sexual Offences, Rape, IPC,

7.2. The appellant is convicted for life imprisonment under Section 4 of Protection

of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 376 (2)

(f) and 506 (2) of Indian Penal Code by Additional Sessions Judge, Achalpur.

7.3. The informant is the mother of the victim, she had deserted her husband and

was residing in the slums of Jivan Pura, Achalpur with her daughter.

7.4. The informant developed a relationship with the accused and in the absence

of the informant, the accused used to undress and ask the daughter to massage

his thighs and legs and forcefully used to insert his penis in the mouth of the

victim, upon objection he used to beat her up.

7.5. On one such occasion, the informant walked in on the accused molesting the

child and she immediately filed an FIR with the police station and the case

ensued. The child’s age was a major contention and whether it constituted rape

or not was one of the major questions.

7.6. The High Court of Bombay dismissed the petition and upheld the sentence of

the Sessions judge after examining all the evidence in the present case and

observed that the appellant has committed rape on the victim and they also

clarified that penetration of penis to any extent into the mouth/ vagina or anus

of a woman constitutes rape.

Himachal Pradesh High Court

8. Som Nath and Others vs. Kapil Shankar

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

8.1. Keywords: Inherent Powers, High Courts, Quashing of Order, Non-Bailable

Warrant, Cr.P.C., Section 482-Cr.P.C..

8.2. The petition was filed by the petitioner under Section 482 of Cr.P.C. to quash

an order passed by Solan District Judge, dated 15.03.2019, issuing a non-

bailable warrant against the petitioners.

8.3. The petitioners alleged that the order was passed following a mere routine

without referring to the facts of the case. The high court however did not agree

with the reasoning of the petitioners and observed that necessary records were

referred to by the District Judge.

8.4. The defendants argued that the petitioners will not appear in the court in

absence voluntarily, in reference to Inder Mohan Swami’s Case which said that

in such a situation a non-bailable warrant must be issued. The High court has

sent the case back to the Sessions court, but they dismissed the Non-Bailable

warrant as well.

Gujarat High Court

9. Atul Vinod Kumar Gorsawala vs. State of Gujarat.

Criminal Misc. Application No. 8148 of 2020

9.1. Keywords- Bail matter, forgery, Special powers of HC, S. 439 of Cr.P.C.

9.2. The Gujarat HC held that Right to prefer fresh application for bail is not helpful

to the present applicant as he has delayed the process of framing of charge

through his own conduct.

9.3. Hence, the Public Prosecutor has requested to dismiss the present application

preferred by the applicant.

10. Shivam @ Kela Dwarkanath @ Dwarka Prasad Mishra vs. State Of Gujarat.

C/SCA/4905/2020

10.1. Keywords- Public Order, Disorder in general, hurt, abatement, criminal

intimidation.

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

10.2. Every act of assault or injury to specific persons does not lead to public

disorder. When two people quarrel and fight and assault each other inside a

house or in a street, it may be said that there is disorder but not public

disorder.

10.3. Before it can be said to affect public order, it must affect the community or the

public at large and not relatively minor breaches of peace of a purely local

significance which primarily injure specific individuals and only in a

secondary sense public interest.

Rajasthan High Court

11. Dr. Ashok Singhvi S/O A.M. Singhvi vs. Union of India.

1.S.B. Criminal Miscellaneous Bail Application No. 6273/2020 (Bench at

Jaipur)

11.1. Keywords- Bail, Money Laundering, Judicial discipline, Special powers of HC

under S.439 of Cr.P.C.

11.2. The accused is not entitled for bail solely on the ground that he was not

arrested during enquiry/ investigation, and filing of complaint/ charge sheet

indicates that offence is made out against the accused.

11.3. The bail cannot be granted solely on the ground of parity i.e. co-accused

persons have been granted bail, but while considering the bail application, the

prima-facie case, role of each accused, conduct of the accused and other

relevant factors should be taken into account.

11.4. In order to maintain judicial discipline, a coordinate bench is bound to follow

the judicial decision of earlier coordinate bench

11.5. While granting or refusing bail to an accused in a particular case, the role of

every accused in the alleged crime along with other relevant factors are to be

considered.

12. Kamal Kishore vs. State Of Rajasthan.

Criminal Appeal No. 92/2020 (Bench at Jaipur)

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

12.1. Keywords- Kidnapping, rape, minor, POSCO, Appeal.

12.2. The father had disclosed the age of the prosecutrix in school as well as to the

police on assumption. He was uncertain regarding the date, month or year with

regard to the birth of the prosecutrix. Thus, the school record depicting the age

of the prosecutrix could not be relied on to come to a conclusion that she was a

minor at the time of the alleged crime.

12.3. Appellant has filed this appeal challenging the judgment passed

by the Trial Court, whereby he was convicted and sentenced qua offence

punishable under Sections 363 and 376 of Indian Penal Code, 1860 read with

section 5 J(ii)(1)/6 of ‘POCSO Act’.

12.4. In the present case, from the testimony of the material witnesses, it can be said

that she was a major on the day, when she left with the appellant.

12.5. Mother of the prosecutrix has also deposed that the FIR was registered on the

basis of suspicion. She had later come to know that her daughter had run away

with the appellant.

13. Tarun @ Pannu S/O Sh. Kapoor Singh vs. State Of Rajasthan.

Criminal Miscellaneous (Petition) No. 2116/2020 (Bench at Jaipur)

13.1. Keywords- Inherent powers, investigation, unnatural death, evidence, murder,

false information.

13.2. In cognizable offence, an FIR can be registered on receipt of information

furnished by anyone, including the police officer. Hence, the contention of the

counsel for the petitioner doesn’t stand just that on the basis of inquest report

no FIR for cognizable offence can be registered.

13.3. If during the process of inquest under Section 174 of Cr.P.C. it is found that

unnatural death is not accidental and cognizable offence is committed, then

there is no legal impediment to register a criminal case and set the machinery

of the criminal justice system into motion.

Calcutta HC

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

14. Md. Irfan @ Sonu & Ors vs Unknown

C.R.A.N. 2772 of 2020 (Appellate Side)

14.1. Keywords- Pending appeal, under trial prisoner, attempt to murder, modest of

women

14.2. Speedy trial is a part of reasonable, fair and just procedure guaranteed under

Article 21 of the Constitution of India.

14.3. If an under trial has stayed custody in excess of sentence likely to be awarded

if conviction is awarded such under trial must be released on personal bond.

(For example, If X is charged for an offence for which maximum punishment is

1 year but he has already spent more than 1 year in custody, he must be

released) Such an assessment must be made by the trial court concerned from

time to time.

Punjab & Haryana High Court

15. Mandeep Singh @ Lavi vs. State of Haryana

CRM-M No. 12657/2020

15.1. Keywords- Denial of Bail, 6 months blatant Detention, No name in the FIR.

15.2. In cases of “blatant detention”, the lower courts must show more sensitivity to

the accused while granting bail.

15.3. The denial of bail to an accused, who was jailed for almost 6 months in relation

to an FIR which did not even have his name mentioned in it led the accused to

approach the P&H High Court.

15.4. The Court while granting bail to the accused also said, “It is hoped that in such

blatant detention matters also the Sessions Court would be more sensitive to

the accused who approach the District Judiciary for their freedom and who are

unnecessarily forced to approach the High Court on account of lack of exercise

of jurisdiction, even in valid cases, which is coming to the notice of this Court

time and again."

16. Master Bholu vs. State of Haryana and Anr.

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

CRR No. 3838/2018 (O&M)

16.1. Keywords- Juvenile Justice, Bail-Gurugram murder case, Treatment as Adult.

16.2. The High Court dismissed the revision petition filed against the rejection of

bail of the accused which was filed by a juvenile accused of murdering a child

in the washroom of a private school in Gurugram, stating that no misplaced

sympathy can be shown to a juvenile who has perpetrated the offence like

murder. The Court observed that the accused, even though a juvenile, had

committed the offence of murder and hidden the weapon just like an adult.

16.3. The Court further said that the delay in disposal of the trial on account of the

pendency of bail/revision/SLP before the Higher Courts, wherein status quo

has been ordered cannot be taken as a ground to grant the concession of bail

to the petitioner. Further, tampering of evidence could not be ruled out.

16.4. Hence, the accused was treated as an adult and thus, was not granted bail as

per section 12 of the Juvenile Justice (Care and Protection of Children) Act,

2015.

Karnataka High Court

17. Amulya Leona vs. State of Karnataka

Criminal Petition No. 2187 / 2020

17.1. Keywords- Statutory Bail-Section 167, Code of Criminal

Procedure,Cancellation of Bail.

17.2. It is the indefeasible right of the accused to be released on bail if the charge-

sheet is not filed within the stipulated time as contemplated under Section 167

of the Code of Criminal Procedure.

17.3. Thus, a prayer for cancellation of bail cannot be made in such a scenario where

a default or statutory bail has been granted.

18. High Court of Karnataka vs. State of Karnataka

WP No. 7338/2020

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

18.1. Keywords- Section 313-Cr.P.C.-Power to examine the accused-video

conferencing-COVID19.

18.2. The Court, keeping in mind the exceptional situation of COVID-19, stated that

at the time of framing of charges and at the time of recording of plea, the

presence of the accused before the Court can be procured through Video

Conferencing.

18.3. Section 313 of the Code of Criminal Procedure gives the Court the power to

examine the accused.

18.4. As no under trial prisoner can be produced before the Court for recording his

plea or for recording his examination under clause (b) of sub-section (1) of

Section 313 of Cr.P.C. during the period of pandemic, the Courts can record

the statement of the accused under the said section through Video

Conferencing.

Allahabad High Court

19. Balbir and others v State of U.P.

CRL (A) 648/1983

19.1. Keywords- Dacoity [Section 391 IPC]. Punishment for dacoity, Section 395,

Punishment for ‘Robbery, or dacoity, with attempt to cause death or grievous

hurt, Section 397.

19.2. One of the essential ingredients of Section 391 IPC is ‘involvement of five or

more persons’. Trial Court erroneously convicted appellants, who were three

in number, u/s 395 and 397 IPC.

19.3. The Court held that ‘Conviction for "Dacoity" of less than five persons is not

sustainable in the absence of finding that five or more persons were involved

in the crime.’ And the appeal was allowed.

20. Imshad v State of U.P.

CRL (A) 3609/2009.

20.1. Keywords- Sterling witness, Rape, Section 376 IPC.

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

20.2. The Court reaffirmed the settled principle that conviction in a rape case could

be based on the sole testimony of the victim without corroboration, if

the witness is a 'sterling witness'.

20.3. Conviction u/s 3(2) V of SC/ST Act is not sustainable only for the reason that

the victim was a member of Schedule Caste or Schedule Tribe as the accused

had no prior acquaintance with the victim.

M.P. High Court

21. Anil Patel vs. State of M.P.

Cr. A. No. 514/2011

21.1. Keywords - Abetment to suicide, Section 306 of IPC, Power to examine the

accused, Section 313 of Cr.P.C.

21.2. Direct involvement of the person or persons concerned in the commission of

offence of suicide is essential to bring home the offence u/s 306 of the IPC.

21.3. The court is under obligation to give the accused the opportunity to explain the

circumstances in respect of the evidence available against him.

21.4. Neither the suggestions given by the defence counsel nor the plea taken by the

accused in his defence can be made the basis of his conviction.

Kerala High Court

22. Gopalkrishnan vs. State of Kerala

CRL. A. No. 109/2019

22.1. Keywords -Rape, Section 376 of IPC, Assault or criminal force to woman with

intent to outrage her modesty, Section 354 of IPC, Sterling Witness.

22.2. A sterling witness is one whose evidence is natural and consistent with the case

of the prosecution qua the accused and that such witnesses shall, under no

circumstances, give room for any doubt as to the factum of the occurrence and

the evidence shall have correlation with each and every one of other supporting

materials including expert opinions.

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

23. Jayaram vs. State of Kerala

CRL. A. No. 829/2005

23.1. Keywords - Attempt to murder, Section 307 IPC, Voluntarily causing grievous

hurt by dangerous weapons or means, Section 326 IPC, Voluntarily causing

hurt by means of any instrument, Section 324 IPC.

23.2. It has to be established that the act of the accused was with an intention and

knowledge that under such circumstances, if he by that act caused death he

would be guilty of murder for an offence u/s 307 IPC.

23.3. In absence of proof of any grievous hurt, an offence u/s 326 IPC is not

attracted. Though sustaining hurt to someone with a dangerous weapon

amounts to an offence u/s 324 IPC.

24. Emamudeen vs. State of Kerala

CRL. A. No. 638 OF 2016

24.1. Keywords Punishment of criminal conspiracy, Section 120B IPC, Punishment

for murder, Section 302 IPC.

24.2. The Trial Court accepted the testimony of witnesses as proof of incriminating

circumstances that the conduct of the appellant was bad.

24.3. The Court held that “In the absence of reliable evidence, moral conviction on

extraneous consideration is unsustainable in law.”

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Blog Posts

1 July, 2020 to 14 July, 2020

1) Delay in Criminal Trial: Unheeded S. 309 of Cr.P.C.

Key Issues: Reasons of delay in Criminal Trials in India and implementation

of section 309 of Cr.P.C..

Author: Mr. Harshul Bangia

2) Maintenance of Parents by Sons/Daughters | Pandurang Case

Key Issues: Law of Maintenance of parents under section 125 (1)(d) of Cr.P.C.

in reference to the case of Pandurang v. Baburao.

Author: Mr. Dhamvir Brahmbhatt

3) Witness Protection: Pushing the Envelope

Key Issues: Analyzing the idea of Witness Protection in India, in light of the

Witness Protection Scheme in India, 2018.

Authors: Ms Aashi Saxena and Mr Ayush Saxena

4) Reforms on Bail

Key Issues: Bail System in India

Author: Mr. Rajat Pareek

5) Default Bail as an Indefeasible Right

Key Issues: Default Bail under section 167(2) of Criminal Procedure Code in

light of Covid-19

Author: Ms. Ishani Shekhar

6) Default Bail: An Indefeasible Right amidst Covid-19 Conundrum

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Key Issues: Reviewing the scope of Default Bail in the present scenario of

Covid-19

Authors: Mr. Shubham Mittal and Ms. Kaarunya Lakshmi

7) Reviewing Anticipatory Bail- Pandora's Box?

Key issues: Reviewing Anticipatory Bail under the light of section 482 of

Cr.P.C. which gives inherent powers to the High Courts.

Author: Ms. Nishtha Gupta

8) Detention, the Rights of Pregnant Women, Fetus and Children Born in Prison

Key issues: Laws related to detention and rights of pregnant women, rights of

fetus and children born in prison in light of Safoora Zargar case.

Author: Mr. Utkarsh Mishra

9) The Theory of Broken Windows

Key issue: Relationship between community disorder & the rate of criminal

activities.

Authors: Ms. Shivani Choudhary and Ms. Sevanshi Kamdar

10) Sedition Law in India & its Scope of Improvement

Key issue: The law which doesn’t go hand in hand with power of government

is used to suppress the voices of individuals.

Author: Ms. Jaanvi Singh

11) The Confines of the RTI-PM CARES Fund

Key issue: Discusses the loopholes in the controversial fund of PM CARES.

Author: Ms. Srishti Singla

12) Institutionalized Apathy towards Prisoners

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Key issue: How Justice System has failed in securing the fundamental rights of

the prison inmates.

Authors: Ms. Jasmine Singh and Ms. Monalisa Nanda

13) Sanctioning Power of the Govt.: The Special Case of Employees of Public Co.

Key issue: Discusses that the definition of public servant should include

employees of Government Companies keeping in view S.197 of Cr.P.C.

Author: Ms. Rishika Arya

14) Admissibility of Electronic Evidence in Indian Court

Key issue: Disparity regarding incorporating all types of digital proofs under

primary evidence.

Author: Ms. Muskaan Vijay

15) Sedition: An Apparent Antithesis of Democracy

Key issue: Analysis of S.124-A of the IPC and the ambiguities found in the

execution of charges under S.124-A.

Author: Mr. Suyash S Sule

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Quiz Question

1. Name the English legal scholar who wrote the Commentaries on the Laws of

England, a set of law books that had a major influence of the development of

the criminal law in the United States.

2. What is the Latin term for "to stand by things decided;" the doctrine that rules

of law established in past court cases should be followed in present ones?

3. Name the 18th Century Italian philosopher who argued that punishment

should only be severe enough to offset the pleasure gained from committing the

crime?

4. Under which section of IPC, an FIR regarding misuse of telephone line is filed?

5. Which of the following is considered the first international crime?

6. Who was the first woman judge to be appointed Chief Justice of High Court?

7. What does the Sharda Act deal with?

8. Who is credited for drafting the Indian Penal Code, 1860?

9. Who was the first Woman Judge to be appointed to the Supreme Court?

10. Who is Amicus Curiae?

11. Which Fundamental Right was removed from part III of the constitution?

12. Who was the first person to be directly appointed as judge of the Supreme

Court?

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

13. Which is the oldest High Court of India?

14. Which writ is the guarantor of personal freedom?

15. What is the significance of Aruna Shaunbaug v. Union of India?

ANSWERS

1. Sir William Blackstone

2. Stare Decisis

3. Cesare Beccaria

4. Sec 379

5. Piracy on the High Seas.

6. Justice Liela Seth

7. Child Marriage

8. Lord Macaulay

9. Justice Fatima Beevi

10. Friend of the Court

11. Right to Property

12. Justice Kuldeep Singh

13. High Court of Calcutta

14. Habaes Corpus.

15. The court allowed passive euthanasia

Ratio Obiter | Issue 1 By Criminal Law Review (CrLR)

Fun Facts

The constitution of India was handwritten and calligraphed in both Hindi and

English by Prem Behari Narain Raizda

The Original handwritten copies of the Constitution of India are stored in

Helium filled cases in the library of parliament.

The Indian constitution is considered the best and the longest constitution of

the world.

Currently there are approximately 20 Million people under trial in India. That

is more than the entire population of 173 countries according to the population

senex of 2019 by the United Nations.

According to the Indian Aircraft Act 1934, a kite is also an aircraft that requires

a permit to fly. However this law has never been imposed.

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