Criminal Law
-
Is Life Imprisonment Without Remission a ‘Fourth Category’ of Punishment?
Life imprisonment without remission is a penal sentence in which the convict remains incarcerated for their entire natural life, without the possibility of release. This form of punishment is problematic for several reasons. It raises significant human rights concerns, as it deprives individuals of any hope for release, which can be considered inhumane and degrading.…
-
The legal good (Rechtsgut) as legitimising criteria of the criminal law intervention | Raquel Cardoso writes
Introduction The use of criminal law, as the most coercive means available to the state (or other entities bearing ius puniendi) to shape individual behaviour, must be accompanied by one question: what is its purpose? What function should criminal law serve? In short, what legitimises the state’s restriction of the most fundamental rights of the…
-
Mediation in Criminal Cases: Legal Perspectives | Md. Imran Wahab, IPS writes
The Author, Md. Imran Wahab, IPS, is the Inspector General of Police in West Bengal. Mediation, a core component of Alternative Dispute Resolution (ADR), is traditionally associated with civil and family law matters. However, its application is increasingly being explored within the criminal justice system, particularly for non-violent and compoundable offenses. This form of criminal…
-
AI in Court: When Legal Tech Goes Rogue – Lessons from Mata v. Avianca
The legal industry is undergoing a technological transformation, with artificial intelligence (AI) emerging as a powerful tool for legal research, drafting, and case analysis. AI-driven platforms promise greater efficiency, reduced costs, and improved access to legal resources. These tools can quickly summarise case law, generate legal arguments, and assist in document preparation, tasks that traditionally…
-
Spousal Rape: A Contemporary Understanding
In this article we look at two judgments related to the same sections of the Indian penal law namely, marital rape; one judgment from the High Court of Karnataka dated 23 March 2022,; being Writ Petition 48367 of 2018[i]; (clubbed with other petitions) and one from the High Court of Chhattisgarh, being CRA No. 891/2019…
-
Why spirituality matters for Criminal Jurisprudence- An Explanation
The fascination with “spirituality” is a distinctive feature of our contemporary age[i]. “Spirituality” refers to an aspirational perspective on life’s purpose and behavior. In a larger sense, this refers to lifestyles and behaviors that represent a vision of human existence and how the human self will reach full consciousness. “Spirituality” has been considered as a…