Right to the City
“The RTTC is a ‘right’ to struggle for maintaining critical social solidarities. And, accordingly, such a right presupposes the respect for freedom of speech and expression, advocacy and dissent, movement…
International Law on the Right to Adequate Housing
The International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted in 1966 is a multi-party treaty, ratified by India in 1976. India being a country that adopts the principle…
Can an accused make a request to summon the case diary of another case to contradict the witness?
Section 172 of the criminal procedure code makes the provision of case diary. Section 172 of the Code which Section reads thus: 172. Diary of proceedings in investigation.- (1) Every…
The extent of the right of an accused to use the previous statements of a witness
The right of an accused to cross-examine a witness Under Evidence Act Section 145 of the Evidence Act provides:- A witness may be cross-examined as to previous statements made by…
Is it open to the Court to interfere with the investigation which is still proceeding?
This question arose before a Division Bench of three judges in an appeal carried by the State of West Bengal in the case of State of West Bengal v. S.…
The right of accused under section 207 of CrPC
The parameters governing the process of investigation of a criminal charge; the duties of the investigating agency and the role of the courts after the process of investigation is over…
Whether a summon may be issued to the accused
Section 91 confers power on the Court or an officer in charge of a police station to issue a summons or written order as the case may be, to any…
The proportion of the Punishment- Supreme Court’s View
In a Parliamentary democracy like ours, laws are enacted by the Parliament or the State legislature within their respective legislative fields specified under the Constitution. The presumption attached to these…
Challenge to Constitutional Validity of Section 364A of IPC- Vikram Singh vs UOI (2015)
Section 364A of IPC provides punishment in the offence of kidnapping for ransom. It was inserted in IPC in 1993. The said section reads as follows- “Whoever kidnaps or abducts…
Abolition of Untouchability- Article 17 of the Indian Constitution
Article 17 of the constitution abolishes the vice of untouchability in all its forms. It provides that, “Untouchability is abolished and its practice in any form is forbidden. The enforcement…