Difference between Res judicata and Stare decisis

Code of Civil Procedure

Res judicata means “a thing adjudicated”; “a case already decided”; or “a matter settled by a decision or judgment”. Stare decisis means “to stand by decided cases”, “to uphold precedents”, “to maintain former adjudications”, or “not to disturb settled law”. Those things which have been so often adjudged ought to rest in peace. Res judicata … Read more

Judicial Activism in Prison Reform

In Sunil Batra (II) v Delhi Administration (1980) 3 SCC 488, the Supreme Court emphasised the role of the courts in the context of the enforcement of human rights within the prison walls to see that the prisoners I were not treated in arbitrary and cruel rilanner. The Court said: Conviction for  a crime does not … Read more

Prison Reform Measures in India

An ideal prison must provide for adequate work, vocational training, basic educational, medical and recreational facilities for inmates. The prison management should be made functional, effective and goal-oriented so as to prove itself as an effective. agency of the criminal justice administration. The ultimate object of prison institution should be to reform the offender rather … Read more

Problems of Indian Prison System

The Indian prison system is characterized by the authoritarian, routinized and formalized pattern of administration and negative attitudes of authorities. There is a lack of the enthusiasm and imagination. The Government also sees it just as one of the welfare measure which should continue in its regular course. The Prisons Act, 1894 requires remodelling. The … Read more

Negative Effects of Imprisonment

Imprisonment is a kind of punitive reaction, its object being primarily to deprive the offender of his liberty. There are several negative effects of imprisonment, as given below:- 1)   Prisonisation:-The prisoner is introduced to a new environment with its own culture. From a human being bearing personal characteristics he is converted into a mere impersonal entity, … Read more

Crime and Economic Development in India

Criminal Law

Crime is an index of the economic development of a country. The more industrialised and developed is a country, the higher is the level of criminality and vice versa (for example, U.S.A.). As a shadow follows the person, crime may follow prosperity. India, as one of the developing countries, is also displaying patterns similar to … Read more

Measures to check white collar crimes

White collar crime refers to financially motivated nonviolent crime committed by business and government professionals. Within criminology, it was first defined by sociologist Edwin Sutherland in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation”. Prof. Paranjape has outlined some of the remedial measures for combating white – … Read more

White Collar Crimes in India

White collar crime is pervasive in almost all the professions and occupations in our society. The problem is quite acute, both in terms of variety and the extent of white – collar criminality. The Santhanam Committee Report in its findings gave a vivid picture of white – collar crimes committed by persons of respectability such … Read more

Nature and Scope of Criminology

Criminology is, ordinarily, the science of crime and seeks to study the phenomenon of criminality in its entirety. Criminology as a branch of knowledge is concerned with those particular conducts of individual behaviour which are prohibited by society. It is therefore a societal study which seeks to discover the causes of criminality and suggest remedies … Read more

Causal Approaches to Explanation of Criminal Behaviour

 This involves the observation of facts in relation to phenomenon of crime and interpreting them in relation to the possible causes of criminal behaviour. Under physical sciences, a cause-effect relationship can be easily established. For example, a particular factor (i.e. cause) leads to a particular change (i.e. effect) e.g. heal (cause) makes the wax melt … Read more