Tag: Criminal Justice System
Why is investigative independence essential for effective criminal justice administration? Analyse the safeguards necessary to preserve it.
Topic: Structure, organization and functioning of the Executive Q4. Why is investigative independence essential for effective criminal justice administration? Analyse the safeguards necessary to preserve it. (10 M) Difficulty Level: Medium Reference: TH Why the question Recent debates on politically sensitive investigations and the need for police reforms have highlighted the importance of independent investigative …
“Trial by media can undermine both the rights of the accused and the pursuit of truth.” Evaluate the impact of media activism on criminal investigations. Assess the need for regulatory safeguards without compromising freedom of the press.
Topic: Structure, organization and functioning of the Executive and the Judiciary Q3. “Trial by media can undermine both the rights of the accused and the pursuit of truth.” Evaluate the impact of media activism on criminal investigations. Assess the need for regulatory safeguards without compromising freedom of the press. (10 M) Difficulty Level: Medium Reference: …
“Specialisation within the judiciary reflects functional necessity, not judicial fragmentation”. Analyse this statement in the context of special criminal courts. Evaluate the concerns associated with such institutional arrangements.
Topic: Structure, organization and functioning of the Executive and the Judiciary Q2. “Specialisation within the judiciary reflects functional necessity, not judicial fragmentation”. Analyse this statement in the context of special criminal courts. Evaluate the concerns associated with such institutional arrangements. (15 M) Difficulty Level: Medium Reference: NIE Why the question The increasing reliance on special …
Supreme Court’s Ruling on Narco Tests
Context: The Supreme Court has set aside the Patna High Court order permitting an involuntary narco-analysis test, reaffirming that forced narco tests violate Article 20(3). About Supreme Court’s Ruling on Narco Tests: What is a Narco Test? A narco test involves injecting sedatives like Sodium Pentothal to reduce inhibitions so an accused may reveal concealed …
Judicial Experimentalism with Section 498A
Syllabus: Polity Source: TH Context: The Supreme Court, in Shivangi Bansal vs Sahib Bansal (2025), endorsed the Allahabad High Court’s directions introducing a two-month “cooling period” and referral to Family Welfare Committees in Section 498A (now Section 85 BNS) cases. This move sparked debate on judicial experimentalism as it may delay a victim’s right to …
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Remission
Source: IE Context: The Supreme Court directed states to consider the premature release of eligible prisoners without requiring an application. About Remission: What is Remission? Remission is the reduction of a convict’s sentence before the completion of the full term. It does not erase the conviction but shortens the duration of imprisonment. Laws Governing Remission: Section …
UPSC CURRENT AFFAIRS – 26 September 2024
UPSC CURRENT AFFAIRS – 26 September 2024 covers important current affairs of the day, their backward linkages, their relevance for Prelims exam and MCQs on main articles InstaLinks : Insta Links help you think beyond the current affairs issue and help you think multidimensionally to develop depth in your understanding of these issues. …
Custodial Death Judgement
Reference: Live Law Syllabus: Governance: Criminal Justice System Context: The Supreme Court has delivered a split verdict in an appeal by police officers convicted of culpable homicide not amounting to murder and other offences in a decades-old custodial death case for the alleged torture and death of a man in police custody in …
Analysis of Bills to Overhaul the Criminal Justice System
GS Paper 2 Syllabus: Governance: Criminal Justice System Source: TH Context: The government has introduced three Bills to replace the foundational laws of the criminal justice system in India—the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act (IEA). Kindly refer to an article on the same topic: …
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Analysis of Recent Reforms in Indian Criminal Law
GS Paper 2 Syllabus: Governance: Indian Criminal Justice System Source: LM Context: We have already discussed the need and provisions of the bill. Here in this article, we will discuss the pros and cons of the proposed bill. Major Provisions of the Bills: Objective of the Bills: These bills aim to …
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The injustice of exceptionalism
GS Paper 2 Syllabus: Remission policy for convicts, Bilkis Bano case etc Directions: It is important for prelims to know the concepts of the terms such as remission, suspension, respite, and commute (do go through them once). Source: The Hindu Context: Eleven men who were sentenced to life imprisonment in 2008 for the gang …
Supreme Court’s contradictory verdicts reinforce the need for a Bail Act
GS Paper 2 Syllabus: Indian Judiciary Source: Indian Express Direction: It is a legal article. No need to go in-depth, just know the issue. Context: Recently, SC (in Satender Kumar Antil v. CBI) case: The SC has asserted mandatory compliance with Sections 41 and 41A of the Criminal Procedure Code (CrPC). Thus, giving primacy to …
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The shackles of 1861 need to go
GS Paper 2 Syllabus: Police Reforms Direction: Can make a few notes, but be very selective. Read it once to understand the changes. Context: On the 75 anniversary of India’s importance, the author analyses the need for police reforms IPC 1861: The main objective was to use the police as a weapon of repression …
Hasty arrests, near-impossible bail show need for overhaul: CJI
General Studies 2 Syllabus: Structure, organization and functioning of executive and judiciary, CJI etc Source: The Hindu Context: Chief Justice of India said aimless and hasty arrests, locking up undertrial prisoners in jail for long spells and making it almost impossible for them to get bail is proof that the system is in dire need …
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Comprehensive reforms are needed in the criminal justice system to ensure effective enforcement of the law, uphold accountability, have a well trained workforce and speedy disposal of the cases. Comment. (250 words)
Topic: Important aspects of governance, transparency and accountability, e-governance applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures. 3. Comprehensive reforms are needed in the criminal justice system to ensure effective enforcement of the law, uphold accountability, have a well trained workforce and speedy disposal of the cases. …
Insights into Editorial: Changing the discourse on victim jurisprudence
Introduction: With the state firmly planted in the driver’s seat, the engine of our criminal justice system runs full throttle in the name of justice; but on-boards only the accused and the functionaries. The primary victims’ mere witnesses in the eyes of the law are side-lined and left to their own resources. The …
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Insights into Editorial: Reform with caution: On criminal laws reform
Context: Committee on Criminal Law Reform: Recently, the Ministry of Home Affairs (MHA) has constituted a national level committee for reform in criminal law. There have been several attempts in recent decades to overhaul the body of criminal law, comprising the Indian Penal Code of 1860 vintage, the Code of Criminal Procedure that was …
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