Contemporary & Emerging Issues
Overview
With technological advancement, social changes, and globalization, criminal law faces new challenges. These emerging issues range from cybercrime, privacy concerns, evolving interpretations of fundamental rights, to the impact of scientific evidence. Courts have had to adapt the law to these modern realities.
Key Contemporary & Emerging Issues
Cybercrime and Digital Evidence
Right to Privacy and Data Protection
Juvenile Justice and Age Determination
Death Penalty and Human Rights
Sexual Offences and Consent
Hate Speech and Freedom of Expression
Use of Scientific and Forensic Evidence
Important Case Laws on Contemporary & Emerging Issues
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) – Right to Privacy
Issue: Whether the right to privacy is a fundamental right under the Constitution.
Held: The Supreme Court unanimously declared that the right to privacy is a fundamental right protected under Article 21.
Impact: This judgment has a profound impact on emerging issues like data protection, surveillance, and personal autonomy.
Relevance: Modern criminal investigations involving technology must respect privacy rights.
2. Shreya Singhal v. Union of India (2015) – Freedom of Speech & Online Regulation
Issue: Validity of Section 66A of the IT Act, which criminalized offensive online speech.
Held: The Supreme Court struck down Section 66A as unconstitutional for being vague and violating freedom of speech (Article 19).
Impact: It clarified limits on criminalizing online expression, balancing free speech and regulation of harmful content.
Relevance: Emerging issues in digital communication and censorship.
3. Navtej Singh Johar v. Union of India (2018) – Decriminalization of Homosexuality
Issue: Constitutionality of Section 377 IPC, criminalizing consensual same-sex relations.
Held: The Supreme Court struck down parts of Section 377, decriminalizing consensual adult homosexual acts.
Impact: A major step forward in LGBTQ rights, privacy, dignity, and freedom.
Relevance: Criminal law evolving with social values.
4. State of Maharashtra v. Dr. Praful B. Desai (2003) – Medical Negligence & Technology
Issue: Use of scientific evidence in medical negligence.
Held: The Supreme Court recognized the role of expert scientific opinion in criminal trials.
Impact: Set guidelines for admission of expert evidence.
Relevance: Emergence of forensic science and technology in criminal justice.
5. Arnesh Kumar v. State of Bihar (2014) – Arrest Guidelines
Issue: Arbitrary arrests without sufficient grounds.
Held: Supreme Court laid down strict guidelines to prevent misuse of arrest powers, emphasizing personal liberty and due process.
Impact: Protected against harassment through wrongful arrest, especially in minor offences.
Relevance: Balancing state power and individual rights.
6. Zahira Habibullah Sheikh & Anr. v. State of Gujarat (2004) – Witness Protection
Issue: Witness intimidation and protection.
Held: The Court stressed the need for adequate witness protection mechanisms.
Impact: Highlighted emerging issues of witness safety in high-profile criminal cases.
Relevance: Ensuring fair trial amidst threats.
7. D.K. Basu v. State of West Bengal (1997) – Police Custody & Custodial Deaths
Issue: Protection against custodial torture and death.
Held: The Supreme Court laid down detailed guidelines to prevent custodial torture.
Impact: Protection of human rights against police excess.
Relevance: Emerging concerns about state accountability and human rights.
8. Anvar P.V. v. P.K. Basheer (2014) – Admissibility of Electronic Evidence
Issue: Conditions for admitting electronic records in evidence.
Held: Court clarified the necessity of strict compliance with Section 65B of Evidence Act.
Impact: Defined the framework for digital evidence admissibility.
Relevance: Cybercrime investigations and digital authentication.
Summary Table
| Case | Issue | Key Outcome |
|---|---|---|
| Puttaswamy (2017) | Right to Privacy | Privacy is fundamental right |
| Shreya Singhal (2015) | Online Speech Regulation | Struck down vague IT Act provisions |
| Navtej Singh Johar (2018) | LGBTQ Rights | Decriminalized consensual homosexuality |
| Dr. Praful B. Desai (2003) | Medical Negligence & Science | Validated scientific expert evidence |
| Arnesh Kumar (2014) | Arrest Procedures | Guidelines to prevent arbitrary arrests |
| Zahira Habibullah (2004) | Witness Protection | Emphasized witness safety mechanisms |
| D.K. Basu (1997) | Custodial Deaths & Torture | Guidelines to prevent custodial abuse |
| Anvar P.V. (2014) | Electronic Evidence | Conditions for admissibility of digital proof |
Conclusion
Contemporary criminal law addresses complex new challenges posed by technology, social evolution, and human rights awareness.
Courts play a crucial role in balancing state powers with individual freedoms, especially concerning privacy, digital rights, and fair trial.
Judicial pronouncements form the backbone of adapting criminal law to emerging realities.
Understanding these evolving issues is vital for law enforcement, judiciary, lawyers, and society.
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