To have speedy justice is a fundamental right which flows from Article 21 of the Constitution. An appeal, bearing a statutory right, does not attain finality during the pendency of the appeal, and ...
The code makes no distinction between an appeal from an acquittal and an appeal from a conviction - Durgacharan AIR 1966 SC 1775. There are certain rules of adjudication and conduct that judges inv...
The criminal justice system in India has undergone a major revision with the implementation of the Bhartiya Nyaya Sanhita, 2023, which has replaced the Indian Penal Code (IPC) of 1860. This art...
It is well settled that every member of a tribunal called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially. It is essential for judicial decisions and...
The 'rarest of the rare' doctrine, a cornerstone of the Indian judicial system, dictates the application of the death penalty, reserving it for only the most egregious and heinous crimes. This ...
The legal standard of 'proved beyond a shadow of a doubt' represents the highest degree of certainty required in criminal cases to establish the guilt of a defendant. This phrase conveys that t...
Exculpatory evidence, also known as exonerating evidence, is a cornerstone of a just legal system. It encompasses any information, material, or testimony that can demonstrate the innocence of a...
In the intricate tapestry of the legal process, incriminating evidence, also known as inculpatory evidence, stands as an indispensable cornerstone. It serves as a vital link between an individu...
The presumption of innocence is an indispensable tenet in criminal justice systems globally, acknowledging that individuals are inherently innocent until proven otherwise. This principle is cod...
Section 122 of the Indian Evidence Act, 1872, recognizes the crucial role of confidentiality in maintaining a healthy marital relationship. It enshrines the principle that spouses should be abl...