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Showing posts from August, 2020

CONFESSION UNDER NDPS ACT, CONFLICT YET TO BE RESOLVED

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  The Authors of this blog are  Ms. Prachi Agarwal & Mr. Mohit Chauhan,  Advocate, Jharkhand High Court.                                            Introduction The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted to consolidate and amend the law relating to narcotic drugs. Till date to achieve the objective and purpose of the Act various amendments have taken place, however one of the most controversial topic involved in NDPS is yet to be decided i.e. whether the confession made u/s 67 of the NDPS Act is admissible or not? This article deals with two issues i.e. evidentiary value of the confession given to the officer authorized to investigate the offence under the Act and whether the officer appointed u/s 53 of the Act would be deemed as a police officer for the purpose of Section 25 of the Indian Evidence Act, 1872. The plain reading of section 42 of the NDPS Act implicates that the officer u/s 42 of the Act is only empowered to enter and search the place a

CUSTODIAL DEATHS AND INIQUITOUS POLICING IN INDIA: A CRITICAL ANALYSIS

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  The Author of this blog is  Mr. Anirudh Tyagi, Student, Dr. RML National Law University, Lucknow An effective police department is the guarantor of a peaceful, lawful and inclusive civil society. Police is not only bestowed with the responsibility of maintenance of law and order, detecting crimes and bringing criminals to justice but with a much bigger task of solidifying the very roots of humanity. Police officers take oath to uphold the values of the constitution in India. However this is all a paradox that policing has instead become a threat to civilians, just next to criminals. Police was used in every unrighteous political act in global history and continuing. [1] This discussion, however, is not to mourn the dead horses but to lament what happened to a father son duo in Tamil Nadu few months ago where they were charged for violating the imposed “lockdown” and were beaten in the police station so excruciatingly that they succumbed to their injuries. [2] A Supreme Court bench,

IS PLEA BARGAINING THE BRIGHT SIDE OF THE CRIMINAL JUSTICE SYSTEM?

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The Author of this blog is  Ms. Nakiya Fidai,   a student of 3rd year, B.L.S. LLB at Pravin Gandhi College of Law, Mumbai University , Maharashtra  “Discourage litigation. Persuade your neighbours to compromise whenever they can. Point out to them how the nominal winner is often the loser — in fees, and expenses, and waste of time. As a peace-maker, the lawyer has an opportunity of being a good man. There will still be business enough.”                                        - Abraham Lincoln. The popular saying of “Justice delayed is justice denied” holds extreme significance when we discuss the concept of Plea bargaining. There is a continuous elevation of cases pending in the Indian courts, but this has been normalized by us. Plea-bargaining is a recently developed concept in India. It was introduced by the Criminal Law (Amendment) Act, 2005 based on the recommendation of the Law Commission of India. The Amendment added a new Chapter XXI A in the Criminal Procedure Code, 1973.

SHOULD POLICE HAVE THE RIGHT TO SHOOT TO KILL?

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    The Author of this blog is  Ms. Saloni Sharma,   a student of 3rd year, BBA LLB (H) at  Fairfield Institute of Management and Technology, New Delhi Law is a very small word comprising just 3 letters yet greatly affects billions of individuals around the globe. Individuals accept that on the off chance that if any injustice happens to them then   at that point the law will provide them fair justice.   It's very sad that the crimes   are expanding day by day and which is a complete disappointment on the part of law and order machinery. To hide these disappointments police seem to indulge in shooting the accused. As I would like to think the accused should be brought to justice as they are yet to be proven guilty. These encounters are simply inhumane killings and it likewise reflects a complete denial in the judicial system and furthermore shows a total absence of rule of law in a country.   India as an democratic nation regards all the fundamental human privileges of everybody