All Articles by Soumya Kundu

Quantum of Punishment: A Tale of Justice and Family Ties

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Punishment shall be commensurate with the crime. Even if a crime is committed with a close family member, that by itself will not be considered as a mitigating circumstance. Misguided leniency ...

Benefit of doubt: The Curious Case of the Fourth Accused

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The discrepancy regarding the time of recording the FIR statement, based on the facts of the instant case, is not sufficient to discredit the testimony of an important eyewitness, whose presenc...

Appreciation Of Evidence

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There is no rule of law that dictates that if the court acquits certain accused individuals based on the evidence of a witness, finding it to be open to some doubt regarding them for a specific...

Personal Liberty: A Closer Look at Article 21

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The expression 'Personal Liberty' in Article 21 has broad scope, encompassing various rights that constitute an individual's personal liberty. Some of these rights have been elevated to the sta...

When Offence Can Be Compounded

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A case may be compounded at any time before the sentence is pronounced. Therefore, a petition of compromise, filed by the parties when the judgment was actually being written, should be accepte...

Speedy Disposal: Right To Be Released On Bail

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To have speedy justice is a fundamental right which flows from Article 21 of the Constitution. An appeal, bearing a statutory right, does not attain finality during the pendency of the appeal, and ...

Appeal From Acquittal And Appeal From Conviction

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The code makes no distinction between an appeal from an acquittal and an appeal from a conviction - Durgacharan AIR 1966 SC 1775. There are certain rules of adjudication and conduct that judges inv...

Reasonable Apprehension Of Not Having A Fair Trial

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It is well settled that every member of a tribunal called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially. It is essential for judicial decisions and...

Injuries Not Sufficient To Cause Death

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The golden rule in criminal cases is to prefer the probable to the possible. In the court's view, since the doctor stated that, in the normal course, the injuries found on the person of the dec...

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Popular Articles by Soumya Kundu

Benefit of doubt: The Curious Case of th...

Titile

The discrepancy regarding the time of recording the FIR statement, based on the facts of the in...

Injuries Not Sufficient To Cause Death

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The golden rule in criminal cases is to prefer the probable to the possible. In the court's vie...

When Offence Can Be Compounded

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A case may be compounded at any time before the sentence is pronounced. Therefore, a petition o...

Quantum of Punishment: A Tale of Justice...

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Punishment shall be commensurate with the crime. Even if a crime is committed with a close fami...

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