-Arham Anwar When one company absorbs another through a merger or amalgamation, the acquiring entity inherits a great deal of assets, contracts, employees, and often, reputation. But what about sins of the past? If the target company committed criminal offences
The Criminal Law Blog
The Criminal Law Blog, published by National Law University, Jodhpur, focuses on contemporary issues and developments in criminal law in India. It covers topics such as the admissibility of advanced forensic evidence like next-generation DNA sequencing, evolving jurisprudence on sexual offences under sections 375 and 377 of the Indian Penal Code, and the intersection of rights related to sexual orientation and consent. The blog also addresses emerging challenges in criminal law posed by new technologies, including money laundering and insider trading in virtual environments like the metaverse. Additionally, it analyzes significant judicial rulings impacting procedural aspects such as First Information Report (FIR) jurisprudence.
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Latest from The Criminal Law Blog
Between Text and Purpose: Interpreting “Public Servant” Under POCSO
-Bhushan Raut Introduction The most difficult cases in criminal law are not the ones where the law is silent, but where it speaks and it produces an answer that feels normatively unsatisfying. The Delhi High Court’s order in the Unnao…
ADMISSIBILITY OF DNA EVIDENCE BEYOND DNA PROFILING: IS EVIDENCE PROCURED USING NEXT-GENERATION SEQUENCING ADMISSIBLE?
-Ritwik Sharma, Gurdeep Rai Introduction The use of advanced forensic genomics can expedite trials and has necessitated modernising existing procedural and evidentiary laws in India. Currently, classical DNA Profiling methods involving identification via fingerprinting are used in criminal investigations, and…
From 375 to 377: right to orientation conflicting with right to consent? Part- II
–Dhruv Madan and Maya Sarmah In Part I of this two-part post, we examined the shifting jurisprudence under Sections 375 and 377 IPC, through the cases of Imran Khan @ Ashok Ratna v. State of U.P. and Mohd. Mustafa &…
From 375 to 377: right to orientation conflicting with right to consent? Part- I
–Dhruv Madan and Maya Sarmah Introduction The law on sexual offences in India has witnessed substantial doctrinal shifts, yet certain judicial interpretations remain anchored in outdated binaries. Despite reforms via the Criminal Law (Amendment) Act, 2013 and Navtej Singh Johar…
Trading Shadows: Money Laundering & Insider Deals in the Metaverse’s Legal Void
-Advait Sharma and Bhadra Anil “In a world coded without consequence, shadows become the currency and silence the law.” Introduction In any society where substantial transactions occur, be it in markets, industries, or the virtual world, in the absence of…
From Mandate to Discretion: How Imran Pratapgadhi Reconfigures the Understanding of FIR Jurisprudence
– Kush Taparia, Hanshita Sharma “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” – Justice Louis D. Brandeis Introduction The recent ruling of the Supreme Court [“SC”] in Imran Pratapgadhi v.…
Criminalising Critique: Sedition and the Ashoka Professor Controversy
-Sarah Unhelkar and Hitanshi Jain The Supreme Court recently granted interim bail to Ashoka Professor Ali Khan Mahmudabad with specific conditions. Mahmudabad was arrested on May 18th, following two FIRs being registered against him with the Haryana Police for his…
Milgram Project: Why the “Manifestly Unlawful Order” Doctrine Fails When Authority Demands Obedience
-Rea Agarwal Introduction Law and psychology ought to be framed in tandem. The Milgram Project is a classic case study that demonstrates the unsettling dynamics of authority and obedience and reveals a pothole of basic Human psyche that law fails…
How Judicial Permissiveness Sustains Solitary Confinement in Indian Prisons
-Ayush Gupta Introduction The long and contentious aspect of solitary confinement has always been a topic of debate in criminal law jurisprudence, which raises serious human rights and legal concerns. Keeping inmates in confinement for prolonged hours without meaningful human…