ILJCC VOLUME – 5 (January – December 2021)
Volume 5 Issue 2 ISSN: 2456-7280
Volume 5 Issue 3 ISSN: 2456-7280


Author- Prakhar Bajaj

Abstract - It has been rightly observed that the investigation of crime involves dual conflicting interests, wherein, the state being the upholder of law and order in society is expected to bring the culprit to justice; on the other hand, the state is constitutionally bound to respect the fundamental rights of its subjects. The State is expected to investigate the crime efficiently, however at the same time it is also expected to encourage civilized standards of enforcing criminal justice that are the precondition for maintaining and respecting the fundamental right to privacy of the person accused of having committed a crime. Thus, how these conflicting interests should be harmonized is still remaining a million-dollar question. In this article, attempts have been made to critically analyze the fundamental right against self-incrimination in light of landmark judicial pronouncement.

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Author- Aditi Das

Abstract- Witnesses play a significant role in the criminal justice system. With their presence and statements, a criminal case has the power to take an entire turn. They are considered as guiding angels of the trial, without their existence, certain prominent facts can go tainted. In a country like India, where every other day thousands of criminal cases are registered, it is enormously vital for the witnesses to stand present in the crime scene. In India, a crime scene majority of the times has the company of a witness nonetheless the problem is, the offenders have the power and audacity to turn the witnesses hostile, resulting in a grave miscarriage of justice. Consequently, there is a noteworthy prerequisite to guard the rights of the witness from such offenders. Numerous acts and statutes have emerged in Indian criminal system; however, their probability of implementation is negligence. The article’s aim is to walk through the concept of witness protection in a detailed mechanism. The origin of witnesses in India, will be looked into along with the conditions as to who can qualify to become one will be focused. In addition, certain protruding schemes that have arisen into the system will be observed into, such as the Law commission reports, witness protection schemes report, likewise. Furthermore, the approach of the Indian judiciary in shielding the rights of witness will also be discoursed with the support of certain precedents.

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3. Gusar Dusardh: A Glimpse into the the Dilution of the Objective Test for Liability

Author- Shivangshi Mitra

Abstract- In the 1972 Supreme Court case of Gusar Dusadh the accused was convicted under Section 300 thirdly of the Indian Penal Code, 1860. This paper contends  the conviction was based on an erroneous application of the objective test for liability laid in Virsa Singh and analyses the same by scrutinising B.B. Pande’s scholarly article on the same.

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Author- Rakshandha Darak

Abstract- This paper consists of the concept of marital rape between India and USA. Till today’s date marital rape has not been criminalized in India and such kind of rape is committed within the institution of marriage. Whereas in USA, marital rape has been criminalized decades back. There are 50 states in USA and each state has different set of laws to deal with the issue of marital rape. Such act not been criminalized in India states that it is an accidental loophole in Indian Penal Laws. There can be an establishment of a model to criminalize marital rape in India and it is the responsibility of the Indian judiciary to take important steps for the beneficial application of criminalization of marital rape in India. The scope of the paper is limited to understand the concept of marital rape in India and USA from the view of their legal setup and the reforms which needs to be introduced in the IPC and Indian Evidence Act so as to criminalize marital rape in India.


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Author- Krish Bhatia

Abstract- In layman’s terms, the word “ Privacy “ means keeping personal info and matters secret or inside oneself. In broad terms, ‘Privacy’ means to have management over one’s info, its method, and mode of assortment, and keeping it free from interference and intrusion. Earlier ‘Privacy’ was commonly utilized in philosophical, political, and in legal discussions. The thought of privacy was coined by Aristotle. He distinguished it into public and private spheres that were associated with political activities, family, and domestic life severally. The word “Data protection” refers to the practices, safeguards, and binding rules place in place to shield your info and confirm that you simply stay on top of things of it. Protective knowledge from compromise and ensuring knowledge privacy square measure different key elements of data protection; but, wherever there are not any laws to enforce within the event of a breach, the price of those rights are lost. to uphold the standard of these rights, sovereign nations of the earth place in place laws and different mechanisms to make sure them. These all things are also called “PERSONALLY IDENTIFIABLE INFORMATION” (PII) Governments even have an interest in ensuring the protection of personal knowledge. In 2015, criminals scarf twenty 1.5 million records from the USA workplace of Personnel Management that contained the sensitive personal knowledge of federal workers and their members of the family. this type of attack is happening tons of oft across the planet, and countries should take action to raised shield individuals’ info.


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Author- Nandini Tripathy.

Abstract - Implementation of litigation is likewise referred to as execution. A decree will come into lifestyles in which the civil litigation has been instituted with the presentment of the plaintiff. The decree way operation or conclusiveness of judgment. Implementation of a decree might be done simplest while parties have filed a software in that regard. A decree or order might be performed by way of the court as facilitative and now not a duty. If a celebration is not always drawing close to the court, then the court has no obligation to put in force it suo motu. A decree might be carried out with the aid of the court which has surpassed the judgment. In high-quality situations, the judgment will be implemented via another court that is having competency in that regard. Execution is the medium by means of which a decree-holder compels the judgment-debtor to carry out the mandate of the decree or order. It allows the decree-holder to recover the fruits of the judgment. The execution is complete when the judgment-creditor or decree-holder gets money or other components offered to him by judgment, decree or order.


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Author- Dhanush Krishnan S

Abstract - Stalking is a felony which has been made punishable under the Indian Penal Code 1860 via the Criminal Law Amendment (Amendment) Act, 2013 also known as the “Nirbhaya Act”. The Provision which was inserted namely, Section 354 D, to deal exclusively with Stalking as an offence and provides for stringent punishment at the first instance and enhanced punishment for subsequent offence as well. But does this provision provide justice to all victims of stalking? Does this provision provide for punishment to all the offenders who commit the offence of Stalking? The answer is clearly NO, as the provision is not gender neutral and is prejudiced in favour of females, in such a way that the law assumes that only females are victims of Stalking and people belonging to other genders cannot be victims. Similarly the Law also assumes that only males commit the offence of Stalking. Though there are different kinds of Stalking, one which stands out among the rest is Cyberstalking which can be easily committed in this Digital Era. The Author in this Article attempts to look at the offence of Stalking from a victimology perspective, taking into account the data collected via empirical research, using quantitative technique of Data Collection, through the online circulation of questionnaire containing closed-ended questions. The Author in this Article will also look into other alternate Legislations in India, which provides for remedies to victims of Stalking. The Author also attempts to do a Comparative Study taking into account legislations dealing with Stalking in other Countries. Based on the overall analysis, the author proposes several suggestions and recommendations to make the provision more inclusive and to ensure that proper justice is served to Victims of Stalking.


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Author- Vidya Kakra

Abstract - As per the 2019 annual report of the National Crime Records Bureau, rape is unfortunately, the fourth most common crime against women in India with 15% of the total victims being children, especially minor girls. Their young age, lack of knowledge and awareness thereof, makes them an easy prey. Due to this, most girls suffer in silence at the hands of the accused and they end up with unwanted pregnancies. Although, stringent legislations such as the POCSO Act, 2012 and The Medical Termination of Pregnancy Act, 1971 have been enacted to provide relief to child rape victims however unfortunately, there prevails a lack of implementation, which causes injustice to the victims. Thus, even though there are effective laws present, their lack of efficient implementation thereof, make them counterproductive. This research paper aims to study the Medical Termination of Pregnancy Act,1971 in consonance with POCSO Act, 2012 and POCSO Rules, 2020. It seeks to elaborately explain the basic provisions laid down in the Medical Termination of Pregnancy Act, 1971 and throw light on the recent amendments (Amendment of 2020) made in the Act and bring out the differences between the two legislations. It further discusses the legal procedure of filing a case under MTP Act, 1971 in case pregnancy is a late term pregnancy and the role of each stakeholder, as mentioned in the POCSO Act, 2012 and Rules, 2020. Lastly, the paper aims to list down and analyze the challenges that prevent the efficient implementation of the laws as well as suggest effective solutions to overcome challenges.


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Author- Prabhbir Singh Mann

Abstract - Today the world is getting advanced at a speed greater than ever. This scientific advancement can also be seen in neurology and today we know much more about how our brain works, than we knew in yesteryears. One such theory presented by neuropsychology is that our brain decides to commit an act in a particular way under the influence of external and internal factors before we can consciously commit it. This gave rise to the hypothesis that free will might not exist at all and that everything is due to the causal effect. These advances have stirred a debate, especially in the world of criminal justice and criminology. People, however, also do not want to let go of the crucial concept of free will which gives humans a meaningful life and keeps a check on morals, motives and responsibilities. A concept of determinism has arisen which suggests that every act committed is due to the cause and effect of various factors which are outside human control. Similarly, fatalism also pursues the approach that any act committed is inevitable and a person does not have the power or capacity to do otherwise, as free will does not exist. This has led to a drift amongst scientists, but many suggest the common path of compatibilism which says that both free will and determinism can coexist in a single world, simultaneously. These concepts have led many people to believe that if the concept that free will does not exist is accepted, then the criminal judicial system and the concepts of criminology will collapse. The evidence in criminology and neuropsychology supports the view of determinism especially in criminal law. In this research work, an attempt is made to trace advancement of approaches of determinism, fatalism and compatibilism in relation to criminology, analyze the comparison and exchanges between these concepts and decipher the impact of these concepts on our criminal judicial system. The research has been substantiated using and relying on studies of various scientific experiments of human brain especially of incriminated criminals, judicial case laws regarding the acceptance and refusal of determinism, mechanism of neurolaw, studies of autopsies and brain fMRI of serial killers, concepts as to how the future of criminal justice system and criminology will look like, and is aimed at presenting an unbiased and objective report. At the end the question that endures is as to what will the impact be upon criminology and criminal law if the theory that free will does not exist is upheld, posing that everything we, as humans do, is not under our control?


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Author- Ameesha Goel

Abstract- The late nineteenth century witnessed a new theory famously known as the positivist theory which was given by a psychologist - Cesare Lombroso. According to this theory, a person is a born criminal and has certain features that distinguish him from the non - criminal population. It garnered a lot of criticism as it is incorrect to generalise every person with a disability as a criminal and is also one of the reasons why it is not practiced in the present scenario.

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Volume 5 Issue 4 ISSN: 2456-7280

Author- Soumyadip Panda & Anshu Singh

Abstract- A major concern globally in today’s time is child prostitution. However, the sad truth is that it has still not received the sufficient attention in India because people lack the sensitivity towards the topic and are not comfortable talking about it. It is a problem which snatches childhood from a child, and rob them off their human rights to live a life full of dignity. Child prostitution can also take other forms one such form is child trafficking. Children are forcefully migrated for sexual purposes, which results in child trafficking. There is a need for stringent laws and regulations against child prostitution as well as the issues which are associated with it, such as child trafficking, child pornography, etc. The focus of such regulations should be on all the people who are engaged in the entire conduct of child prostitution, since the very beginning till the end. This article tries to study the scope of child prostitution and also evaluate the causes of child prostitution and the risk which those small children are subjected to. The article then shifts it focus on the laws which are present in India for child prostitution. Finally the article attempts to evaluate the trend of the issue in India and gives some solutions and recommendations to combat child prostitution.


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Author- Anusree J

Abstract- Literature and Movies are the fast-selling mediums of entertainment in this 21st Century. And entertainment includes genres such as action, horror, sci-fi, drama, romance, thrillers and much more. One of the best-selling techniques in the entertainment sector is the introduction of a shade of obscenity into the medium along with the normal content and presenting it to the world at large. The researcher through this research focuses on bringing to light the positive and negative impact of these shady content on the society, which includes an empirical study with persons belonging to different age groups.


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Author- Palakdeep Kaur & Satwinder Singh

Abstract- Prostitution existed in the society from the time immemorial. Although it appears as a profession in Vedas but it was in existence much before that. Child prostitution is one of its kind and came into picture much later. Children are sexually exploited for the financial benefit of third parties. Children are pushed to prostitution as being physically weak they can’t defend themselves and are easier to abuse. According to the reports of various NGOs, around 12000 to 15000 women and children are trafficked each year into country for sex trade. Although prostitution provides living to the women but the child prostitution exploits the naive minds and deprives them from their childhood often causing physical injuries like sexually transmitted diseases, unwanted pregnancy, infections etc. and also psychological traumas like depression, personality confusion, lack of self-confidence etc. In the Indian legal system many laws have been framed from time to time for the protection of the young souls from this evil practice. This paper describes the state of child prostitution in India by highlighting its causes, its consequences on the society as well as victims and also provides for the figures which show the extent of this crime in the country. Furthermore, it aims to analyze the remedies provided in the Constitution of India, the provisions contained in criminal law and various other enactments passed for safeguarding the children from such abuse. Moreover, the role played by the judiciary has also been accentuated.


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Author- Shivangshi Mitra

Abstract- Post-traumatic stress disorder (PTSD) is a psychiatric disorder that is a result of experiences of traumatic events such as a natural disaster, a serious accident, a terrorist act, war/combat, or rape, sexual violence or serious injury. 1 It causes a significant disturbance in normal cognitive functions, such as memory, consciousness, time estimation, sense of reality, and identity, and the patient may also re-experience symptoms in which the traumatic event is relived in a vivid manner as if it were happening again in the present. 2 Even prior to its formal introduction in the third edition of Diagnostic and Statistical Manual (DSM-III), war neurosis had been a judicially recognised criminal defence. Since its inclusion in DSM-III, it has been invoked in several American cases as a criminal defence on grounds of insanity. The paper contends that given the ingenious exceptions in the Indian Penal Code, 1860, PTSD can be accommodated as a legitimate criminal defence under Section 84 and Exception One to Section 300 in the light of the evolving definition of mental illnesses rather than embracing a strictly orthodox and anachronistic interpretation of the statutes.


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Author-Kshitij Gautam and Sarika Maurya

Abstract- Rape is the only crime in India and the USA for which the victim is blamed, the victim has to suffer for a lifetime. This paper will demonstrate how women’s mind and body is being used to establish patriarchy both in India and USA. This paper will also explain why violence against women is not the only manifestation of one’s mindset but also a failure of proper implementation of existing laws. To determine the position of women we have analyzed the factors in both the USA and India, such as the age of consent for sexual intercourse, how many cases of sexual violence go unregistered, whether there is any law that provides compensation to the victim, literacy rate of women, the conviction rate in sexual offences, and how accused are treated once the crime is proved. Patriarchy is said to impede the implementation of anti-rape laws. There are many schemes available for women’s safety and empowerment, still, in both countries, more than 90% of cases of sexual violence goes unregistered. However, these statistics are quite a debated topic. In most cases of sexual offences, the perpetrator is known to the victim before the commission of the offence. In India conviction rate in rape cases is just 20%. Research shows that both USA and India is among the top 10 worst countries for women based on many factors one such factor is sexual offences and criteria which have been taken into account are also crucial in determining the women’s position. At the edge of the revelation of existing facts and laws, there is the worry that is there is no safer country for women in the world. It would not be wrong to say that the long procedure of the court and delay in delivering justice has given blanker power to perpetrators.


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Author- Nandini Tripathy

Abstract- The Arushi- Hemraj Double homicide case is an unsolved mystery of the murder of 14-year- old Arushi Talwar and a man 45-year-vintage Hemraj Banjade, a male domestic servant employed by using her own family. Prima facie, the case seemed to be a case of honour killing as the evidence showed that the murder became done with surgical precision. During the trial length, the difficulty of the technique by using the Magistrate regarding the summon of the Talwars became additionally puzzled. However, all of the grounds concerning the lawsuits have been glad. Further, we are able to talk about the relevancy of phase 204 of CrPC with this situation.


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Author- Tanvi Sharma

Abstract- Drug trafficking is the most serious problem of not only India but all over the world. This drug trafficking menace knows no boundaries. It has expands it gumshoe beyond the geographical borders. This paper is analytical study which is based on secondary data available on the internet. As Drug trafficking means distribution and sale of illegal drugs. There are almost 2 million heroin addicts in India. But unofficially there are more than 6.5 million addicts. In short, major population of India is involved in the drug trade. In this paper, researcher defines and tries to find out the answers of some questions: what is drug and its history? What is drug smuggling? What are the different routes of drug smuggling, how it is reaching in India? Various Indian laws relating to drug then how social media is promoting drug use among the people? How illegal movement of drugs through borders posing threats to national security? Also, these days COVID-19 is at its peak again, so how it is impacting the drug trafficking and lastly Researcher wants to give some suggestions to curb this menace from the society.

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