Stay updated with key 2024 High Court rulings on women’s rights, and criminal law. This concise overview highlights recent HCC cases domestic violence, bigamy, and more — shedding light on how courts are shaping protections for women and children in India.
A. Criminal Law — Crimes Against Women and Children — Protection of Women from Domestic Violence Act, 2005 — S. 12 — Wife initiated contempt proceedings against husband for not complying to court maintenance order — Held, willful disobedience to be punished — Partial Compliance is no compliance — Further held, impending proceedings in appeal by husband and in execution petition by wife does not absolve respondent from non-compliance of order — Petition allowed — Petition allowed [Vimal Kirti Gupta v. Rajan Gupta, (2024) 2 HCC (Del)142]
B. Criminal law — Crimes against Women and Children — Bigamy — Adultery — Accused married another woman during subsistence of first marriage — Doctrine of Incompleteness — Held, absence of law making adultery an offence cannot provide blanket immunity to individuals to marry during subsistence of first marriage — Travesty of justice to permit husband to escape liability towards first wife — Petition allowed [Pooja Sharma Bajaj v. Kunal Bajaj, (2024) 3 HCC (Del) 243]
C. Criminal Law — Criminal Procedure Code, 1973 — Ss. 41-A, 160 and 482 — Interrogation of witnesses — Summoning of witnesses — Notice of appearance before police officer — Held, under S. 160, witness may be interrogated, investigated or questioned in case he is suspected to be in special knowledge of facts related to commission of offence — Writ petition dismissed [Arvind Kejriwal v. CBI, (2024) 4 HCC (Del) 527]
D. Criminal Law — Crimes against Women and Children — Rape — Vagueness in allegations — Abuse of process — Supporting evidence not recovered for alleged offence — Held, statement under S.164 CrPC by complainant, improbable — Test of reasonableness not passed — Petition allowed [Harshita Malu v. State ( NCT of Delhi), (2024) 4 HCC (Del) 30]
E. Criminal Law — Crimes against Women and Children — Kidnapping of minor girl — Accused took victim to a red-light area, victim voluntarily accompanying accused — Held, when there is explicit intention to indulge victim into prostitution, act of alleged voluntary accompaniment if victim, insignificant — Accused kidnapped victim from lawful guardianship — Petition Allowed [State of Maharashtra v. Vijay Bhika Dive, (2024) 1 HCC (Bom) 48]
F. Criminal Law — Penal Code, 1860 — Ss. 409, 420, 471 and 120-B — Cheating and criminal conspiracy between bank officials and export company — Facilitating credit despite expiry of limit — Simultaneous criminal and civil liability — Amount later paid to bank as private settlement — Seeking quashment of criminal proceedings on the basis of settlement — Held, an out-of-court settlement discharges applicant from civil proceedings, nothing on record indicates that applicant has been exonerated from criminal liability — Discharge on ground that there has been settlement/compromise between the partnership firm and bank not valid — Application dismissed [Sunil Ramji Singh v. CBI, (2024) 1 HCC (Bom) 652]
G. Criminal Law — Criminal Procedure Code, 1973 — Section 154 — FIR — Value, evidentiary value and use of FIR — Test Identification (TI) Parade process in identification of offender — Permissibility of — Explained — Held, acquittal of appellants on benefit of doubt — TI Parade to be conducted only when accused not known to victim beforehand — TI Parade not substantial evidence — TI Parade in presence of police officer, inadmissible — Appeals allowed [Basant Kumar v. State of Chattisgarh, (2024) 1 HCC(Chh)50]
H. Criminal Law — Prisons, Prisoners and Probation of Offenders — Parole/Remission/Premature Release/Furlough — Object of modern penology — Past antecedents of prisoner cannot be ground to deny premature release — Held, petitioner undergone significant change over three decades of incarceration, and it would be unfair to let his past affect his present — Modern penology focuses on rehabilitation, not revenge — Punishment should aim to reform convicts and help their reintegration into society — Prolonged incarceration is unjust if convict’s behaviour during imprisonment and parole indicates reform — Petition allowed [Mohd. Khalid v. State of W.B., (2024) 1 HCC (Cal) 233]
