Presidential Clemency: Biden vs. Trump on Justice and Due Process

Posted by on Dec 15, 2025 in Criminology | 0 comments

Presidential Clemency, Due Process, and Justice for All

Presidential clemency is a core constitutional power where mercy, accountability, and the rule of law must all be considered. The recent use of clemency by Joe Biden and Donald Trump highlights two distinct approaches to this power and its meaning for American justice. Both presidents exercised clemency for individuals personally connected to them, raising questions about impartiality. However, the sharpest contrast lies in how they utilized

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Understanding the Legal Framework of Arrest Procedures

Posted by on Dec 9, 2025 in Criminology | 0 comments

Arrest

The arrest is sufficient if there is a submission to the custody by word or action, in which case, there is no need for actual touch or confinement of the body of such person. An arrest in police custody does not necessarily mean custody after formal arrest, but also includes some form of police surveillance and restrictions on the movements of the person concerned by police. Procedure for arrest of accused viz., (i) commission of offense, (ii) registration of FIR, (iii) start of investigation,
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Criminal Trial Procedure: Opening, Pleadings, and Plea Agreements

Posted by on Dec 5, 2025 in Criminology | 0 comments

The Order for Opening of the Trial

The Order for Opening of the Trial signifies the formal acceptance of the indictment, recognizing the right to prosecute. This order is definitive and is not subject to appeal.

A trial is opened unless there is no reasonable suspicion that the accused perpetrated the alleged act, or when the act is not a criminal offense, or if the accused is not subject to criminal responsibility.

Dismissal of the Case

Dismissal is the resolution opposing the opening of the trial.

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Criminal Statute of Limitations: Key Concepts and Case Analysis

Posted by on Nov 5, 2025 in Criminology | 0 comments

Criminal Statute of Limitations: Legal Principles and Analysis

8. Retroactive Prescription and Its Effects

The question concerns the retroactive prescription of the punitive claim. Select the correct effect:

  • a) The executive claim would run, creating future recurrence (recidivism).
  • b) The punitive claim, generating future recurrence (recidivism).
  • c) Thereafter, generating future recurrence (recidivism).
  • d) The executive claim would run, resulting in no future recurrence (recidivism).
  • e) The punitive claim,
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Streamlining Justice: The Abbreviated Criminal Procedure

Posted by on Nov 1, 2025 in Criminology | 0 comments

The Abbreviated Procedure: Key Features

The simplified procedure is designed to streamline and expedite the criminal justice process. Its main features reflect the legislature’s intent to abolish unnecessary or redundant procedures, treat competition issues more agilely, and enhance the oral sentence (“in voce”). These features include:

  1. Procedural Streamlining and Efficiency

    This involves the abolition of certain unnecessary or redundant procedures. Competition issues are treated more agilely, and

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Key Criminal Procedures and Rights Under BNSS 2023

Posted by on Oct 13, 2025 in Criminology | 0 comments

Trial Procedure Before a Court of Session

When a charge sheet is filed before the Chief Judicial Magistrate (CJM) for an offense triable exclusively by a Court of Session, such as rape, the following procedure is typically followed:

Committal to Court of Session

  1. The CJM commits the case to the Court of Session after ensuring that the offense is indeed triable by the Sessions Court.
  2. The Court of Session then takes cognizance of the offense and proceeds with the trial.

Trial Process

  1. Opening the Case: The
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