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Is Marital Rape Exception an Immunity Clause or an Ingredient of the Main Definition Clause of Section 375, IPC

Ashwani employs textual and conceptual analysis of provision-specific exceptions to rebut Justice Harishankar’s arguments that the MRE forms a part of the main definition clause. He argues that the MRE is merely a permissive norm that cancels the legal force of the offence of rape but does not cancel the offence itself.

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Phenolphthalein Test: An Anathema to Protection provided under Article 20(3)

The phenolphthalein test is prevailingly used by the ACB for investigating a ‘corrupt’ public servant. However, the self-incriminating nature of the test attracts the vice of unconstitutionality under article 20(3) of the Constitution. In this blog, the author has argued that the test is very coercive & arbitrary and stands violative of the touchstones enumerated under article 20(3) of the Constitution.

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