ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Criminal lawSubscribe to Criminal law

A Feminist Interrogation of the POCSO Judgments and Criminal Law in India

The recent Protection of Children from Sexual Offences Act judgments of the Bombay High Court have led to a gamut of criticisms from lawyers and activists alike. In light of this situation, this article argues that this judgment cannot be studied in isolation from the larger paradigm of feminist...

Human Sacrifice, Sentencing and the Death Penalty

In the judicial discourse on the relationship between human sacrifice and punishment in criminal law, there are glaring errors. Looking closely at the Supreme Court’s judgment in Ishwari Lal Yadav v State of Chhattisgarh , the deviation from the principle of individualised sentencing and the consequences of ignoring evidence on the complex anthropological and psychological dimensions of human sacrifice are reflected upon.

Making the Punishment Fit the Crime

In the absence of clear and organised sentencing guidelines, contemporary penal policy in India is marred by unguided judicial discretion. While this may be a matter of independent inquiry, it is an inevitable consequence of flawed legislative prescriptions regarding sentences under criminal law. The arbitrariness in prescribing maximum sentences in criminal laws is an issue that has received inadequate attention.
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