Project 39A, National Law University, Delhi
@P39A_nlud
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Project 39A is a criminal justice research and litigation centre and formally a part of the National Law University, Delhi.
New Delhi, India
Joined May 2018
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Our sincere thanks to all those who attended the 1st Access to Justice Annual Lecture by Hon’ble Mr. Justice Abhay S Oka on Access to Justice in Criminal Defence.
For those who were unable to attend, the lecture can be accessed through this YouTube link:
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5
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30 years old now, Chotkau walked free last Friday to his mother after spending 10 years in prison, including 8 on death row.
Wrongfully convicted by the trial court and Allahabad HC, he was acquitted by the Sup Ct. because it found not even a "shred of evidence" against him.
66
789
2K
After 6 yrs on death row, Momin, Jaikam & Sajid will soon walk free.
Disagreeing with the Bulandshahr court & the Allahabad HC, the Sup Ct today held the 3 men not guilty of murdering 6 family members.
@P39A_nlud
briefed Sr Adv Nitya Ramakrishnan & D Seshadri Naidu in the matter.
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As the curtains fall on a remarkable judicial career, Justice S. Muralidhar will always be remembered as one of India's greatest judges.
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Have you checked out our annotated comparison of the Bharatiya Nyaya Sanhita, 2023 and the Indian Penal Code, 1860? Here is a short video to help you navigate this resource!
Find the comparison here:
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This week we will be publishing textual comparisons of the new criminal law Bills & the corresponding laws to understand the scale of change coming our way.
Out on the P39A Blog is the first document comparing the substantive offences Bill with the IPC.
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We are pleased to announce the release of Deathworthy, a first of its kind report on the psychosocial realities of death row prisoners in India.
We are immensely grateful to persons on death row and their families for sharing their stories with us.
@MisraMaitreyi
@LiveLawIndia
5
36
158
Why is there an urgent need for lawmakers to re-examine the age of consent?
Swagata Raha of
@enfoldindia
highlights the harms of criminalising adolescent relationships in this
@timesofindia
article:
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Here is the greatest myth about the death penalty: Imposition of death sentences is the outcome of an elaborate adjudicatory process involving legal principles.
In fact, it is human subjectivity at its worst.
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145
With the hope of starting his life afresh, Ramanand was released from Bareilly central prison a free man.
After 12 years in prison with 6 on death row, the Sup Ct declared that he was convicted on the basis of a 'most perfunctory' investigation.
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While the decision of the Delhi Government's Sentence Review Board allowing early release of Manu Sharma has been widely criticised, it is important to understand that the option of premature release in the Prison Rules is rooted in the reformative theory of punishment.
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Niranaram @ Narayan, now 41 years-old, was released yesterday from the Nagpur Central Prison after spending 28.5 yrs in the prison with 25 on death row.
The
#SupremeCourt
declared him to be 12 yrs 6 months & ordered his immediate release.
📸
@anamikadubeyy
for
@P39A_nlud
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24
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The
#SupremeCourt
declared, Narayan, a death row prisoner, to be a child in conflict with the law at the time of offence.
He is to be released forthwith. Narayan was 12.5 yrs old at the time of arrest & has spent 25 yrs on death row.
@P39A_nlud
briefed Sr. Adv. Mr. R Basant.
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A recent Supreme Court decision has mandated installation of CCTVs in police stations. If combined with long pending reforms to end impunity for custodial violence along with changing cultures of police brutality, this can prove to be a significant step.
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Is POCSO out of sync with the realities of consensual adolescent relationships?
In this context, Swagata Raha & Shruthi Ramakrishnan examine how POCSO adversely impacts a minor's best interests.
@enfoldindia
@the_hindu
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National Law University, Delhi (
@NLUDofficial
) has cancelled Project 39A's 5th Annual Lecture in Criminal Law (2022).
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Letters often help persons on death row cope with the barren life inside. And some express themselves through their art.
Here's a beautiful piece of artwork we received from a death row prisoner last week.
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In May 1980, 5 Sup Ct judges held the death penalty as constitutional.
42 yrs later, 5 judges will sit again to resolve the utter confusion in death penalty sentencing.
Very satisfying that legal issues
@P39A_nlud
raised have traveled this far.
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Executed 16 yrs ago in Kolkata on 14 Aug 2004, was Dhananjoy Chatterjee innocent?
Investigations between 2005-12 by 2 profs at the Indian Statistical Institute, Kolkata suggest he was framed. Over the next week, we present some of their findings.
#WasDhananjoyGuilty
?
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Encounter killing is no shortcut to the rule of law. It sidesteps the legal procedures and undermines the judiciary. Are we cheering the idea that crimes cannot be investigated and security cannot be maintained by following the law?
#VikasDubey
#encounterkilling
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Here is a reminder about the urgent need to end the cruel and inhumane practice of death penalty in India. A video illustration inspired by our Death Penalty India Report.
#WorldDayAgainstDeathPenalty
#DeathPenaltyDay
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Project 39A announces the release of 5th edition of The Death Penalty in India: Annual Statistics 2020 Report. 404 prisoners were on death row in India as of 31 December 2020.
For more info on death penalty cases in 2020, see our full report here -
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Here is the greatest myth about the death penalty: Imposition of death sentences is the outcome of an elaborate adjudicatory process involving legal principles.
In fact, it is human subjectivity at its worst.
#40YearsBachanSingh
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🎉We are excited to announce the release of our ‘Forensic Science India Report: A Study of Forensic Science Laboratories (2013-2017)’!
We thank our mentors & well-wishers for their support.
Access here:
#forensics
#forensicscience
#criminaljustice
#FSL
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This World Day Against the Death Penalty, we're happy to release an abridged version of the Death Penalty India Report in Hindi. It documents the socio economic profiles of all death row prisoners in India & their interaction with the crl. justice system
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In yet another acquittal from Uttar Pradesh, Sup Ct. acquits Chotkau in Chotkau vs. State of UP.
Chotkau was arrested for the rape and murder of a minor in Shravasti district and spent 8 years on death row.
@P39A_nlud
briefed Senior Adv. (Justice) S. Nagamuthu in the matter.
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15
92
We are honoured to receive the ‘Award for Research’ at the 8th World Congress Against the Death Penalty.
Would have been impossible without the fantastic support from
@NLUDofficial
In the hope that our collective humanity will triumph.
#8CongressECPM
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After being found unfit to stand trial in 1982, Dipak Joshi was ordered to be released from prison today. In a gross miscarriage of justice, he spent 41 years without trial. Experts now say that his IQ indicates his ‘mental age’ is around 9 years. (1/3)
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A big moment for us to release
#ThePunished
- written by Jahnavi Misra and published by
@HarperCollinsIN
.
Based on our work, stories of 19 death row prisoners in India in a manner never told before.
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We are excited to announce the launch of the P39A Criminal Law Blog.
This initiative from Project 39A aims to facilitate an academic and multidisciplinary engagement with criminal law.
Going live on 9th Dec 2020!
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The Sup Ct has acquitted 2 more
#deathrow
prisoners (Raja & Rajesh v. State of MP) while criticising the shoddy investigation.
Om Prakash under life imprisonment was also acquitted.
@P39A_nlud
briefed Sr. Adv.
@Luthra_Sidharth
in the matter.
#criminaljustice
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Late last week, the
#SupremeCourt
declared a death row prisoner to have been a child in conflict with the law at the time of the offense and ordered his release.
[In the picture: Shanta Bai on the release of her grandson; Clicked by
@anamikadubeyy
for
@P39A_nlud
]
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16
74
Subject to reading the full judgment, here's a quick explainer of the SC's pronouncement:
1. To constitute money laundering, mere possession or use of proceeds of crime w/o projecting it as untainted is an offence.
#PMLA
#PMLAExplained
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𝗣𝗿𝗼𝗷𝗲𝗰𝘁39𝗔 𝗪𝗲𝗯𝗶𝗻𝗮𝗿
Join us for a discussion on "40 Years of Death Penalty Sentencing - The Uncertain Legacy of Bachan Singh"
Rebecca John in conversation with Anup Surendranath
Follow the zoom ID to be with us on 15th May 2020 (Friday), 5.30PM - 7PM
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Call for Researchers
Empirical, socio-legal study examining custodial safeguards in magistrate courts
Deadline - 16 Sept 2022
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Why do people commit sexual crimes?
Join us for a discussion on 'Who is the Perpetrator: An Exploration of Sexual Violence in India'
17 Nov (Tuesday); 5.30pm
Zoom:
YouTube:
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Today is the UN Intl. Day in Support of Victims of Torture- 33 yrs since UNCAT came into effect. India is a signatory but has not ratified it. Here is a list of methods of torture employed by the police that came up during our interviews for the Death Penalty India Report (2016):
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In
@the_hindu
,
@abhinavsekhri10
analyses J&K HC ruling () granting bail to journo charged u/r UAPA. He discusses the refusal to punish harm to India's reputation as a 'terrorist act' etc; argues this wont revolutionise UAPA & leaves issues unaddressed.
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Narco analysis tests lack scientific foundation & violate the fundamental rights of an accused. What explains its continued use by the police during an investigation?
In an
@htTweets
article,
@LokaneetaJinee
reflects upon this use of narco analysis tests.
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We highly recommend
@LokaneetaJinee
's new book- The Truth Machines: Policing, Violence, and Scientific Interrogations in India (2020). It considers the nature of state power & legal violence in liberal democracies.
It is freely accessible till 30 June:
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In light of the horrific extra-judicial killing of the 4 accused in the brutal Telengana rape & murder case,
@P39A_nlud
will be hosting powerful voices of people from various backgrounds, who seek justice for victims and accused alike.
1
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Mofil Khan, a former death row prisoner, shares with us his reflections of his life on death row and the strength he derived from ‘Gulliver’s Travels’.
Mofil had lived with the death sentence for 14 years before his sentence was commuted by the Supreme Court in November 2021.
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After spending 12 years in prison, including 6 on death row, Ramanand will walk free to reunite with his son.
The Sup Ct. acquitted him today noting that circumstantial evidence was not strong enough to establish his guilt.
@P39A_nlud
briefed Sr. Adv. S N Reddy in the matter.
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23 years since the Supreme Court judgment in DK Basu v. State of West Bengal (1997) & the guidelines relating to arrest & detention are far from being mandatorily followed.
Poster by
@CHRI_INT
#JusticeForJayarajandBennicks
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People on death row have little or no contact with the outside world. Written correspondence enables them to feel valued & humanises them.
Do consider being part of our letter-writing internship programme.
Paid internship | Remote work.
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We are hiring !!
National Law University, Delhi through Project 39A is looking to hire 1 Consultant (Research) and 6 Research Assistants for an empirical socio-legal study based in lower courts in Delhi.
Apply here:
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The P39A Criminal Law Blog is now live! The inaugural set has 6 articles, Episode 1 of The 39A Dialogues (an interview series) & an infographic video on death penalty for child rape.
We hope many of you will consider writing for the blog.
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"I have seen hell. I had lost all hope that I would ever come out alive"
@dhawan_himanshi
talks to Momin who spent over 6 years on death row only to be acquitted by the Sup Ct.
In Dec 2021, P39A secured the acquittal of the three accused in the case.
?
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Join us tomorrow at 5:30PM for a live discussion on '𝗪𝗵𝗼 𝗶𝘀 𝘁𝗵𝗲 𝗣𝗲𝗿𝗽𝗲𝘁𝗿𝗮𝘁𝗼𝗿: 𝗔𝗻 𝗘𝘅𝗽𝗹𝗼𝗿𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗦𝗲𝘅𝘂𝗮𝗹 𝗩𝗶𝗼𝗹𝗲𝗻𝗰𝗲 𝗶𝗻 𝗜𝗻𝗱𝗶𝗮'
(No registration required)
Zoom:
YouTube:
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#JustIn
The Supreme Court has commuted the death sentence to life imprisonment for 30 years in a Review Petition in Mofil Khan & Ors.
The brothers Mofil & Mobarak were sentenced to death in 2008 for murder. They have now spent 14 years in prison and 13 on death row.
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Out on the P39A Criminal Law Blog: third installment in P39A’s Annotation of Criminal Bills series!
This document compares proposed clauses in the Bharatiya Nagarika Suraksha Sanhita, 2023 against corresponding provisions in the Code of Criminal Procedure.
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In May 1980, the Supreme Court upheld the constitutional validity of death penalty & laid down a framework on deciding which individuals deserve death. But what has happened to this framework in the last 40 years?
Here is an explainer to know more
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A Dalit man was incarcerated for 6 years for a crime he did not commit.
He returns home to face debt, is scared of crossing roads & has forgotten to operate a smartphone.
Can a system as broken and faulty as this afford harsher punishments?
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Pratap Bhanu Mehta will deliver the 3rd Project 39A Annual Lecture in Criminal Law
‘The Dissenter as Criminal: Reflections on Dissent and the Law’
6PM - 7.30PM; 4th December (Friday)
Live on YouTube:
@pbmehta
3
12
62
Criminal Procedure Identification Act & Rules 2022 permit collection of 'measurements' incl. biological samples. 1300 police stations are reportedly introducing 'DNA & face-matching systems', despite NCRB not having published reqd. SOPs for collection, & handling of such data.
2
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Amnesty's 2020 Global Death Sentences and Executions report is out now!
483 executions were recorded in 18 countries in 2020 & India is one of them.
Many thanks to
@amnesty
for relying on & acknowledging our data for the data on India.
1
24
56
Death of a father-son duo in police custody in Thoothukudi has resulted in protests demanding prosecution of the involved officers. This is not a singular incident. According to the NCRB, b/w 2010 & 2015, 591 people died in police custody in India.
1
50
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Today the
#SupremeCourt
acquitted Prakash, a migrant worker from UP, who was convicted & sentenced to death for rape & murder of a minor.
He was 24 when arrested in 2010. He spent 13 yrs in custody, of which 8.5 yrs were on
#deathrow
.
@P39A_nlud
briefed Sr Adv BH Marlapalle.
1
24
58
Our 2023 Annual Lecture in Criminal Law will be delivered by Justice UU Lalit (Former Chief Justice of India) on -
THE QUIXOTIC SEARCH FOR FAIRNESS: DEATH PENALTY IN INDIA
All are welcome!
🗒️ 2nd Dec 2023 (Sat)
🕕 6 PM-7:30 PM
📍 Prime Ministers Museum & Library
@_NMML_
3
19
57
Deathworthy’s findings reveal that a majority of death row prisoners have a mental illness.
Join us this Wednesday (20th October) as we discuss ‘Who is Deathworthy’ with Justice S. Muralidhar, Dr. Pratima Murthy and Dr. Sanjeev Jain.
@MisraMaitreyi
@livelawindia
1
27
52
Japan increases age of consent from 13 to 16 yrs while exempting prosecution of consensual sexual acts b/w teen couples who are no more than 5 yrs apart.
Broadening def. of rape, new law criminalises all non-consensual sexual acts & removes earlier requirement of physical force.
1
4
57
Our founding member
@MisraMaitreyi
who heads P39A’s death penalty mitigation team will deliver a talk tomorrow at the Lady Sri Ram College, Department of Psychology, on the need for law and psychology to work together to defend people on death row.
1
7
57
Asghar Mansoori died by suicide in Nashik central prison. A suicide note found in his abdomen made explicit mention of the torture inflicted on him by the jail staff. The incident is a harsh reminder of the pervasive nature of custodial violence in India.
1
34
56
Locked away for years, awaiting an uncertain death-that's the reality for many on death row. A letter can restore some hope.
Join us in writing letters to death row prisoners in Telugu, Hindi, Marathi, & Punjabi | Apply here:
Deadline: 9 April
3
32
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Despite the Supreme Court issuing a notice to Uttar Pradesh seeking a probe into the number of encounters in the state, the government lists 150 killings as an achievement in its 'development booklet'.
0
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55
Deathworthy finds that a majority of prisoners on death row have at least one mental illness.
To know more about the psychosocial realities of death row prisoners, read our report-
@misramaitreyi
1
26
51
The death penalty is becoming the go-to option for every social problem.
After the Anti-Trafficking Bill, now death penalty for spurious liquor cases in MP (Punjab already has it).
The legislative expansion of the death penalty seems to be unstoppable.
0
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A summary of our Annual Statistics Report on the Death Penalty in India (2020) by
@LiveLawIndia
.
The full report can be found here:
65% of Death Sentences in 2020 Involved Sexual Violence; Project 39A at NLU-Delhi Delhi Releases 5th Annual Death Penalty Statistics
@P39A_nlud
,
@asurendranath
0
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2021 sees the highest death row population in India since 2004.
@P39A_nlud
has released the Annual Statistics Report 2021
1
25
53
The National Security Act in UP is used most in cow slaughter cases!
Terrific reporting by the
@IndianExpress
on the pushback by the Allahabad High Court against the misuse of the
#NSA
.
0
12
54
We're excited to announce that beginning this week our forensics team
@shreyarastogi30
,
@devinasikdar
& Devina Malaviya will organise a Twitter discussion on Forensic Science & Law. We'll engage with issues related to the use of forensics in the Indian legal system
#ForensicFiles
1
8
53
Project 39A invites applications from law students for its 2021-22 𝗗𝗲𝗮𝘁𝗵 𝗣𝗲𝗻𝗮𝗹𝘁𝘆 𝗥𝗲𝘀𝗲𝗮𝗿𝗰𝗵 𝗙𝗲𝗹𝗹𝗼𝘄𝘀𝗵𝗶𝗽𝘀.
Applications due on 4th April, 2021.
3
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52
The death penalty system in India has for long been in crisis. But now, the Supreme Court has formally recognised the need for reform.
What is the crisis and what does the Supreme Court plan to do? Our Exec Dir explains in the
@IndianExpress
1
17
52
Check out this excellent series by
@kruttikasusarla
&
@saumyadadoo
on why death penalty is not the solution for sexual violence for
@Smashboard_
Part I
Part II
Part III
Part IV
2
25
51
We are in Berlin for the 8th World Congress Against the Death Penalty. At the opening ceremony, Germany’s Minister for Foreign Affairs Annalena Chalrlotte Alma Baerbock addressed participants from 160 countries.
0
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48
The Bombay HC today commuted the death sentence of Renuka & Seema, who have spent 21 years on death row.
Noting the state’s laxity & apathy, the HC commuted the sentence due to the prolonged & unexplained delay in deciding their mercy petition, which was pending for over 7 years.
0
10
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We are doing a fundraiser in collaboration with Snehalaya for providing supplies of sanitizer, hand wash, disinfectants & masks to prisoners and staff of Yerwada & Nagpur prison. Please support us. Donate Now.
#covidpreventioninprisons
#donateforprisons
1
48
53
Mother allowing children to paint on her "naked upper body" to sensitise them to concept of viewing nude bodies as normal is not "sexual intent" necessary to attract POCSO: Kerala HC
Held nudity & obscenity not always synonymous; notions of social morality inherently subjective.
1
5
52
We are happy to announce that Nidheesh M K (
@mknid
) has been selected as a fellow for the Project 39A Criminal Justice Journalism Fellowship.
Nidheesh is a Kerala-based journalist and has previously worked at Live Mint and the New Indian Express.
4
3
50
Should poverty be considered as a mitigating circumstance in drug offences?
@thedeadlyidli
argues that the recent Supreme Court decision which diluted the role of poverty as a mitigating circumstance in NDPS cases would lead to penalising poverty.
1
10
49
Our commitment to the rule of law and due process is not principled.
0
14
48
New research by
@enfoldindia
based on the analysis of 7064 judgments under the
#POCSO
act reveals that the law is used to
#criminalise
consensual adolescent
#sexuality
in 24.3% cases. Recommends lowering the age of
#consent
from 18 to 16 yrs.
Read:
0
15
49
We released the 4th edition of our Annual Statistics report on the Death Penalty today. Trial courts in India imposed 102 death sentences in 2019. The proportion of cases involving sexual offences increased significantly to 52.94%. You can access the report here.
1
19
48
Momin Khan was sentenced to death for a crime he did not commit.
He spent 6 years on death row before the Supreme Court held that his conviction was wrongful and acquitted him.
Support Momin in getting a second chance at life with his family -
2
35
46
Justice DY Chandrachud, Justice SC Sharma (Chief Justice, Delhi HC) & Delhi Chief Minister
@ArvindKejriwal
released two
@P39A_nlud
reports today on
#deathpenalty
sentencing in
#SupremeCourt
& trial courts at
@NLUDofficial
's Convocation.
1
10
48
Custodial deaths of Jayaraj & Bennicks are no outliers. They are part of a larger spectrum of state violence against persons in custody. The problem is bigger than these numbers reveal since only a fraction of cases make it to the official record
Source
0
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Irfan, a death row prisoner in UP, was acquitted by the Supreme Court yesterday. Now 59, Irfan spent 6 years on death row & has now been wrongfully convicted twice.
Project 39A briefed Senior Advocate Gopal Sankaranarayanan in the matter.
The judgment:
1
35
49
11 years. 13,000 people. India's sedition story.
The launch event for
@Article14live
's new database at 8PM today.
0
8
47
Our Director of Forensics
@shreyarastogi30
trained 130 Magistrates & Sessions Judges on DNA Profiling & the Law. The session was delivered with Dr KPS Kushwaha,
@NICFS_NFSU
@NFSU_Official
at Delhi Judicial Academy's Conference on Forensic Pathology & Forensic Biology on 21 April.
1
8
45
The P39A Criminal Law Blog completes six months with 17 articles, 2 podcasts, and a half-yearly case law roundup.
We launched the blog as a space for academic and multidisciplinary engagement with criminal law.
Thank you for your support!
0
3
45
We want a new bail law, but do we know the problem that it needs to address?
Drawing from the Fair Trial Programme’s experience,
@monkeymindsays
&
@LabhMayank
write for
@the_Hindu
on why 'bail not jail' is flouted and argue for an empirical basis before undertaking bail reforms.
0
7
43
Here is one aspect of the death penalty that has not changed in the 40 years since Bachan Singh.
The death penalty in India, like in all other retentionist jurisdictions, remains 'a privilege of the poor'.
#40YearsBachanSingh
0
19
40
State has no language to understand dissent other than branding it criminal: Pratap Bhanu Mehta (
@pbmehta
)
@IndianExpress
covered our third Annual Lecture in Criminal Law.
If you missed it, you can watch the recording here:
0
5
42
The death penalty has not deterred terrorism, sexual offence or murder in any part of the world.
Should justice be reduced to retribution?
#worlddayagainstdeathpenalty
#nodeathpenalty
0
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41
#New
Substantive analysis of the Bharatiya Nyaya Sanhita Bill, 2023 on the P39A blog!
We assess the major changes being proposed to offences as they exist in the Indian Penal Code, 1860.
1
13
37
"The imposition of the death sentence on persons with intellectual disability is prohibited under international law, and jurisprudence in India must align at least with this basic principle."
Dr. Vikram Patel writes on our latest report, Deathworthy.
2
11
41
No amount of (public) pressure on police can be a reason to ignore quality of evidence: MP HC
Due to discrepancies w/ evidence (nail clippings taken days after digging victim's buried body) & casual/cryptic investigation, death penalty & conviction for sexual assault overturned.
2
12
44
"It is the extraordinary treatment bestowed on these 11 men when it is now denied to an entire class of offenders across the country that carries the stink of injustice.”
Our colleague
@neet_tweeting
writes on the
#BilkisBano
case:
3
15
41
Our Annual Lecture Series is going to Chennai this year!
The 5th P39A Annual Lecture will be delivered by AG
#Perarivalan
(author, activist, & former death row prisoner) on THE DENIAL OF JUSTICE AND A QUEST UNFINISHED at
@ACJIndia
Chennai
🗓Dec 17 | Sat
🕕6pm
@ArputhamAmmal
5
27
43
We are excited to release our report "Death Penalty Sentencing in Trial Courts: Delhi, Madhya Pradesh and Maharashtra (2000-2015)" based on analysis of all (215) trial court judgments from Delhi, MP & Maharashtra imposing death sentences b/w 2000 & 2015.
1
21
40