Magistrate’s Power to Order Investigation under Section 175(3) of the BNSS: From Judicial Discretion to Procedural Rigidity
Introduction Bhartiya Nagarik Suraksha Sanhita, 2023 ( ‘ BNSS ’ ) has superseded the erstwhile Criminal Procedure Code, 1973 ( ‘ CrPC ’ ), by bringing out various changes in the criminal justice procedure. While most of the changes only concern the rearrangement of extant provisions, there are certain substantive changes introduced to the law. Registration of an FIR is one such area where the law has been slightly changed, reflecting the judicial pronouncements delivered in
Aarya Parihar
2 days ago
Beyond the Law: Rethinking Mental Health Accommodation in India
Introduction The National Mental Health Survey of 2015-16 highlighted that nearly 150 million people in India need mental-health care, yet most of them do not receive it, with the gap ranging from 70% to 92%, depending on the disorder. The survey also found that 13.7% of adults have had a mental disorder at some point in their lives, and 10.6% are living with one right now. While these figures prompt concerns about access to care, yet a more urgent question is left unansw
Hitashi Pandit & Ankit Kumar Yadav
Jan 23
Frozen Accounts, Open Loopholes: A Critical Look at §138, NI Act
Introduction The Negotiable Instruments Act (NI Act) of 1881 was created to define and amend the law relating to promissory notes, bills of exchange and cheques. Section 138 of the Negotiable Instruments Act establishes that when a cheque that is drawn by a person, on an account maintained by him with the bank is returned as unpaid, because the money is insufficient to honour the cheque, that person will be criminally liable to be imprisoned for a period of up to two years
Tanya Sara George
Jan 14
Equity Without Borders: The Transboundary Applicability of the Nagoya Protocol and the Need for Reassessment
Introduction The Nagoya Protocol (“Protocol”) was introduced in the year 2014 to fulfil the objectives of the Convention on Biological Diversity . Specifically, the Protocol aimed to implement the objective of fair and equitable benefit sharing arising out of the utilisation of genetic resources. In pursuance of these notions, Articles 10 and 11 of the Protocol envision scenarios wherein states engage in transboundary cooperation in the use and management of shared genetic
Tanya Sara George
Nov 25, 2025
Intersectionality and Intellectual Property: Bridging Human Rights and the Knowledge Economy
In 1946, Dr. B.R. Ambedkar sat in his study, surrounded by pages of his unfinished work, which was a forceful indictment of caste and...
Jaivardhan Goyal
Apr 29, 2025
Meta’s Privacy Policy Change: Comparative Legal Perspectives from EU and India
Introduction Artificial Intelligence (hereinafter “AI”) is seeping into our regular lives through its smooth integration into social...
Stuti Smruti Mishra
Apr 16, 2025
Examining Digital Dominance: Evaluating Behavioral Evidence in Multi-Sided Platforms
Introduction At the core of competition law enforcement, is the concept of dominance. Traditionally, dominance is assessed through a...
Aryan Sharma and Tania Bagwe
Apr 12, 2025
Joint Custody: The Rule or the Exception?
Introduction Since independence, the sole custody has been the ‘straight-jacket formula’ for all kinds of custody disputes in Indian...
Parth Chhapolia
Apr 1, 2025
Sustainable Prosperity: Reviving India’s Economy Through GI Tags - Part II
Introduction In the previous part of this post, we discussed the integral role of GI tags in any economy and the great potential that...
Kaustubh Chakrabarti
Mar 15, 2025
Sustainable Prosperity: Reviving India’s Economy Through GI Tags - Part I
Introduction Despite being hailed as one of the fastest-growing economies of the world and the fifth largest economy in the world, the...
Kaustubh Chakrabarti
Mar 15, 2025
Digital Lending in India: How the DPDP Regime Reshapes Liability, Privacy, and Data Transfers
Introduction India has noted increased consumption of personal loans, and with the advent of technological advancements, the consumption...
Prashant Shivaji Dound
Mar 12, 2025
The Battle for Balance: Party Autonomy and Procedural Integrity in Arbitration
Introduction Arbitration being the cornerstone of commercial dispute resolution, has gained prominence as a preferred mechanism,...
Aishni Kalra & Rishabh Mehta
Mar 10, 2025