Victim's Right to Prefer Appeal: Tilting Scales in Favour of Victims?

(June, 2021)

Abstract - The Criminal Procedure Code, 1973 was amended in 2009 to confer upon victims the right to prefer appeal. This was done in pursuance of recommendations made by several high-level Committees on reforms in criminal law and in wake of an increasing focus on victimology. While the introduction of this right had become necessary for enabling victims to pursue justice independent of the State’s reluctance, the absence of any requirement of leave for appeal has given rise to a substantial controversy. Whether there was any legislative intent in doing away with this requirement wasn’t clear, but the majority opinion of the Supreme Court in Mallikarjun Kodagalli v. State of Karnataka put to rest all confusion when it directed that the requirement of leave for appeal to be preferred by a victim is not necessary. This paper undertakes comprehensive research on the relevant developments in criminal law that led up to the 2009 Amendment and traces the judicial history of cases concerning questions on the applicability and procedural aspects of this new right. The researcher argues that the Mallikarjun Kodagalli verdict, although liberal in interpretation, ends up tilting the scales of justice in favour of the victim rather than balancing it with the accused.

Ramblings: On Peepli Live and the Migrant Exodus

May 23, 2020 (Old): In the aftermath of Prime Minister Modi’s announcement of a nationwide lockdown with a token four-hour notice, a whole lot of controversies have emerged regarding the arbitrary attitude of the government and the consequential mismanagement of the entire health crisis that is brewing in the country. From faulty mathematical modelling and ineptitude of government agencies, to moral bankruptcy and police brutality, we have covered it all in the past sixty days. However, the most depressing issue of them all is the way in which the government has treated its migrant workers. The indifferent and undignified treatment of innocent migrants, plunged into an uncertain battle for survival, is a tell-tale signal of the burgeoning class divide in our society.

Curse of the Omnipresent Cookies - A Legal Analysis

Introduction

In cyberspace as it exists today, there is hardly any website which does not depend upon the usage of a cookie functionality. From an e-mail client and streaming platform to blogs and gaming portals, almost all of them incorporate the use of cookies for very basic operations that users can carry out on these websites. In fact, over the last couple of years, we have all observed that a pop-up outlining the cookie statement comes up whenever we open a website. In order to proceed with browsing, we have to agree to the use of certain necessary cookies whereas other additional ones can be refused. It often gets confusing for web users to decide whether they should allow cookies from the website or not since the policy clearly mandates that the cookie will effectively track the data that is generated by users. Further, a doubt also arises in a user’s mind as to which cookies are really necessary and which ones are not useful to their browsing experience. So, what are cookies?

Discovery: Day Three

 June 26

10:30

The duo woke up late in the morning after all of yesterday's fatigue and feasted on a hearty breakfast to prepare for the day's drive. They had planned to reach Meher's place in Delhi well before sunset by embarking upon an uninterrupted four-hour drive to Agra and then another three hours to their destination for the night, halting periodically only for restroom breaks or to switch drivers. Whereas Vidhi was eager to be back behind the wheels after missing out for an entire day, Akshaya was pleased to let her drive to her heart's content while she gazed at the landscapes and processed her thoughts in peace. Vidhi had already taken the car out to get it refueled nearby and by the time the clock-tower struck eleven, they were ready to rock and roll ahead.

Discovery: Day Two

June 25

06:00

"Can you believe it? We've managed to successfully wake up early for two days in a row!" Akshaya exclaimed.

"I can now back myself up with proof beyond any reasonable doubt in declaring that sunsets are definitely more romantic than sunrises," Vidhi groaned.

"Nooo, early mornings are so peaceful. We just need that little push, or shove in your case haha, to step out of bed and get going about the day."

"What's so good about this morning, huh? I could have easily slept for another hour..."

"For starters, the best part is that since you're too worked up about mornings, I'm the one who gets to drive," beamed Akshaya radiantly as Vidhi squinted hard towards her.

Discovery: Day One

June 24

00:15

"Can't sleep?"

"Not at all, I'm so excited for tomorrow!"

"Clearly... your excitement is pretty infectious too, I've got to give you that."

"Awww, did I just elicit a compliment out of you Vidhi?

"It's one for the history books, darling."

"Darling? My, my! What has gotten into you babe?"

18-20: A Rambling Tale Of Love

I never knew myself to be one of those people who would fall prey to the myth of love at first sight. After all, to me, love seemed to be nothing but a folly. I would often observe my friends, who I knew to be quite susceptible in being deceived by the ploys of love, and pester them with questions on how they could fall into the same trap repeatedly. How could they be so vigorously drawn in, time and again, by the fantasies and folklore of 'happily ever after'. It seemed so mysterious, funny even, why people were so enthusiastic about wasting time on gaining fleeting moments of happiness that were concomitant to love.

But then, logic is not really one of the essential ingredients for stirring the concoction of love, is it? We've all known people who go absolutely crazy and defy all norms of common sense in their pursuit of love. Those who think that the sole meaning and purpose of their existence is to search for and bear the fruits of love. People who would scorn at a life devoid of love and label it as one not worth living. A couple of years ago, a penny for my thoughts on the subject would have fetched you nothing but smug laughter. Time has played its tricks on me, however, and I've now seen myself drown hopelessly, but joyfully, in the vast sea of love.

Attempt to Murder: Short Story

As she came close and leaned over to land a gentle kiss on my forehead, beads of perspiration trickled from her body onto mine. They rolled down my cheeks and slowly dissipated within me, symbolic of the part of her that would always reside in my heart. As she kissed my forehead, numerous strands of her thick, dark hair formed a curtain around our heads. I had often found comfort from the deepest troubles when I ran my hands slowly through her flowing hair. In fact, her hair worked such a charm on me that I would start pouring out the most mundane thoughts to her. She was the perfect listener, soaking in all the love, hate or anger that my thoughts had to offer. Whatever trials, travails or tribulations that I encountered, she was always there... just as she had been there now for the past one week, waiting patiently for me to wake up and talk to her. When she got up and prepared to leave for the night, suppressing a sob every now and then, I longed to call out and tell her how much I yearned for the warmth of her hug.

Attempt to Murder: Episode 6

It was only when Vidhi had drawn the analogy of a mockingbird to allegorically allude towards my innocence, that the rest of the gang began to catch a hint of how one-directional and reactionary their actions were. Meher's mind seemed to be in a drift, trying to calculate and configure the unfolding events. Zafar was simply standing wide-eyed...moving his glare back-and-forth between me and Vidhi, who was busy cradling the back of my head and nonchalantly mumbling about the stupidity of our companions. At the other side of the room, nearer to the door, was Kavya. A glimpse of her flummoxed face was enough to make me erupt in a chuckle which pierced the thin veil of dread and apprehension in the room. An uneasy peace now prevailed between the two sides, awaiting a final confrontation to provide closure.

Why?

The games you played,
The tricks you tried,
The pranks you pulled.
I didn't mind.
 
You moved,
You danced,
You sang,
Your own song.
I didn't mind.
 

Attempt to Murder: Episode 5

This was all I remembered of the night. In fact, it was the last thing I remembered until I woke up in the hospital room when Meher was preparing to leave for the night. I couldn't move, couldn't speak, couldn't do, well, anything. Meher had also left, so I would have to wait until she returned in the morning to give any sort of impression that I was indeed awake. Recollecting the frenzy of events that had landed me in this soup kicked up a storm in my heart. I could feel a sense of repulsion and anger towards Kavya seething from every pore in my skin, but this was all dwarfed by my desperation to face Meher and let her know that I had not betrayed her trust. I tried to calm my nerves by visualizing the relief which would soon become apparent on Meher's face as she would relax her shoulders and drop the guard. Besides, the fact that Meher had been here by my bedside surely signified something. Did Kavya not say anything to her yet?

While I took the recourse of diving into the empty abyss of my mind to try and discover anything more which could assist me in determining what was going on, a flurry of whispers could be heard outside the room. I couldn't make out what was being said, but did recognise the three distinct voices that were floating in. They were Meher, Kavya and Zafar.

Ramblings: The Eye of the Storm

[June 2020]

We often proclaim that we are fortunate enough to be living in a free world. Free of the vices of colonialism, slavery, racism and discrimination. We pride ourselves in having established a new egalitarian world order that is based upon the tenets of equality and justice. We preach the ideals of righteousness and fairness, that is, the golden rule of treating others as you would expect to be treated yourself. We take comfort in the innocent belief that all persons, regardless of their secondary identifiers such as colour, caste, religion, race, gender and sex, are treated alike.

The Constitution of India, considered by many to be a holy document, prohibits discrimination on the above-mentioned grounds and guarantees the right to equality to all persons, by way of Article(s) 14 and 15. The Fourteenth Amendment to the United States Constitution was aimed at putting an end to the racial discrimination faced by persons of colour. Today, historical movements against discrimination, such as the anti-Apartheid and the Civil Rights movements, are commemorated as the harbingers of equality. Discrimination, apparently, has become an alien concept to us, one which died a slow death a long time ago. It is treated as nothing but another chapter in the history books.

On May 25 of this year, however, the world was jolted awake from this fantasy with the homicide of George Floyd in Minneapolis, United States. Floyd, an African-American, was murdered by police officers in an apparent case of racism and police brutality. Derek Chauvin, a white officer, knelt on Floyd’s neck for eight minutes and forty-six seconds while the latter kept pleading that he was unable to breathe. Recordings of the incident show by-standers trying to intervene and persuade the officers to get off him as Floyd became increasingly unresponsive. The murder sparked outrage on an unprecedented scale as anger over racial discrimination and the use of excessive force by police officers bubbled over the breaking point. The incident also resuscitated the Black Lives Matter movement, a campaign against incidents of police brutality against African-Americans.

Life's Too Short

The world is a wonder,

With so much to display.

 

The world is a wonder,

With so much to offer.

 

The world is a wonder,

With so much to conquer.

 

The world is a wonder,

With so much left to discover.

 

Life's too short, start right away!