Crpc
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Default Bail as a Structural Constitutional Guarantee: Reclaiming The Indefeasible Right Under Article 21
ABSTRACT A concept of ‘statutory’ or ’default’ bail under the second provision of Section 167(2)(now reenacted as Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023) of the Criminal Procedure Code is traditionally characterized as an ’indefeasible right’, which arises in the face of investigatory delay. Barring a discussion of the underlying determinants of such…
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Unveiling The Depths: Scope And Implications Of Preliminary Inquiry Under BNSS
ABSTRACT The criminal Justice system adopts new procedures with the changing needs of society. With the revision of the new criminal laws, the concept of preliminary enquiry before the registration of FIR came to be codified under section 173(3) of BNSS. As the provision departs from the earlier concept enunciated in Lalita Kumari, it was…
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Tender of Pardon and Its Impact on Bail: A Legal Analysis under BNSS Section 343
Under criminal law, an accomplice is someone who has participated in the commission of a crime either directly or indirectly by abetting or conspiring with the principal offender. While such a person is generally considered culpable, Indian law recognises the utility of their testimony in unravelling criminal conspiracies. Section 138 of the Bharatiya Sakshya Adhiniyam…