Gujarat High Court suspends life imprisonment sentence of persons convicted of murder
“Considering the backlog of appeals pending before this Court, the chance of the appeal being heard in near future is extremely remote.”
BNS
Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help
The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.
‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
‘Rape of dead body is horrendous but not rape’: Read why Chhattisgarh HC rejected mother’s plea against acquittal of man for offence under S. 363 and S. 376 (3) of IPC
“There can be no disagreement on the issue that dignity and fair treatment is not only available to a living man but also to his dead body and every dead body is entitled to a respectful treatment.”
‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused
The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.
“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court
“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores
The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
‘New criminal laws focus on justice and protection of citizens rather than just punishments’, says CM Yogi Adityanath at UPSIFS conference
This report provides the insights into the two days international Conference on “Role of Forensics and Cyber Security for Enabling Justice under the New Criminal Laws” organized by the Uttar Pradesh State Institute of Forensic Science.
Bombay HC rejects anticipatory bail application of a man who assaulted a senior citizen for allegedly carrying ox/buffalo meat
Applicant along with other people, threatened the informant, a senior citizen aged about 71 years, to throw him off the train and kill him and even hit the informant on face, eyes, and stomach.
Fundamental right to privacy includes spousal privacy; Evidence obtained through violation is inadmissible: Madras High Court
“Trust forms the bedrock of matrimonial relationships. The spouses must have implicit and total faith and confidence in each other. Snooping on the other destroys the fabric of marital life. One cannot pry on the other.”
Referring woman as ‘prostitute’ in public in her absence may not constitute an offence under S. 509 IPC, but could attract other charges: Kerala HC
Kerala High Court mentioned that the word “intrude” is not defined in IPC. Its dictionary meaning is to put oneself deliberately into a place or situation where one is unwelcome or uninvited. To put it otherwise, intrude means trespass, horn in, pry into or to join in something without invitation or consent to the privacy of the woman.
‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment
The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.
Can plea bargaining extend to commission of a gender centric offence? Madras High Court answers
“BNS has made certain offences gender neutral. But still, they are gender centric offences and not non-gender offences. There is a sharp difference between gender centric or gender-neutral offence and a non-gender offence.”
Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar
The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court
‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
Decolonisation of IPC | The Paradigm shift in India’s criminal justice system with idea of ‘Nyaya’ under BNS
The Bharatiya Nyaya Sanhita, 2023 flows in the right direction, replacing the Penal Code, 1860 and is enforced from 01-07-2024.