(This is a guest post by Atulit Subramanian)This piece concerns the debate surrounding Section 392 of the Code of Criminal Procedure, 1973 (“CrPC, 1973”) [429 of the Code of Criminal Procedure, 1898 (“CrPC, 1898”) and 433 of
The Proof of Guilt
The Proof of Guilt blog, published by The Proof of Guilt, focuses on critical issues in Indian criminal law and procedure. It covers legislative reforms such as the Bharatiya Nyaya Sanhita (BNSS) and their practical implications on trial processes, including rights of the accused and procedural delays. The blog also explores constitutional provisions related to preventive detention and their historical context. It analyzes judicial decisions shaping evidentiary standards, forensic reasoning, and circumstantial justice in criminal cases. Additionally, it addresses substantive criminal law topics like dowry death legislation and critiques the societal and systemic relevance of criminal law in India.
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A Sight and Smell Test for Colonial Continuities in Criminal Law
The Bharatiya Nagarik Suraksha Sanhita 2023 reportedly marked a stark and solemn departure from the colonial legacy of criminal laws in India by placing ‘Suraksha’ (Safety / Security) as paramount. Its not a part of the law’s title, but one…
Guest Post: Protected Witnesses under UAPA and the Bilal Mir Judgment
(This is a guest post by Shashank Sinha)A bench of the Delhi High Court had the opportunity to consider the interpretation and application of Section 44 of the Unlawful Activities (Prevention) Act 1967 in Bilal Mir v. National…
Guest Post: Per Incuriam and the Appellate Tribunal’s Reading of Section 8(3) PMLA
(This is a guest post by Riddhi Alok Puranik)
A May 2026 order of the Appellate Tribunal constituted under the PMLA 2002 (“ATPMLA”), disposing of four appeals in the NSEL investigation, does something I argue that a Tribunal
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Guest Post: Indiscriminate by Design – Case against Pellet Guns
(This is a guest post by Rudraksh Lakra)Pellet guns entered the conversation around Indian protest policing in July, when the Rapid Action Force used them against demonstrators at the Cockroach Janta Party (“CJP”) march in Delhi. This is…
Guest Post: Between Administration and Abolition – Reading Black Warrant Along side Angela Davis
(This is a guest post by Aishwarya Nabh)
The debate on prisons is usually framed as a choice: reform the system or abolish it. But that framing may be too narrow. Read together, two very different books, one
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Guest Post: Illegally arrested, Legally Detained – The Paradox of Habeas Corpus
(This is a guest post by Bipul Kumar and Vaneet Kumar)Recently, the petitioner, an accused under murder case, in Neeraj v. State of UP (“Neeraj”), filed a writ of habeas corpus in Allahabad High Court arguing that his…
Guest Post: Decoding the Doctrinal Shift in Section 223 BNSS (?)
(This is a guest post by Akshitha P. Hariharan)The Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has replaced the Code of Criminal Procedure, 1973 (“CrPC”) with considerable fanfare about reform and expedition. Within a year of the BNSS coming…
Guest Post: The Boundary between Trafficking and Possession in Counterfeit Cases
(This is a guest post by Jishnudeep Kolay)
Imagine a person walking down a city street, with a bundle of 500 counterfeit notes of INR 500 in a bag. He has neither sold them nor attempted to tender
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‘Paper’ Tigers: Why the Public Examinations Act 2024 (and other such laws) Don’t Solve the Problem
A 2024 statute has come under the spotlight amidst protests in Delhi: the Public Examinations (Prevention of Unfair Means) Act, 2024. In a bid to allay protestors, it seems that this law is in line for amendments to give…