HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Louis Vuitton’s trademark, captive elephants in Kerala, Plastic Ban, and much more.
A quick legal roundup to cover important stories from all High Courts this week.
BNSS
‘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.
Delhi High Court quashes FIR in rape, kidnapping & POCSO case following marriage and mutual settlement
In cases involving Section 376 IPC or the POCSO Act, Courts must exercise caution while quashing FIRs, as these offences impact societal interests. However, Delhi High Court acknowledged the unique circumstances where the petitioner and the prosecutrix, now married with children, had reached a settlement, balancing societal concerns with the realities of the parties’ lives.
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Amit Malviya defamation case; Shilpa Shetty SC/ST Act; Home Guards; Execution of Arbitral award; and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala HC strikes down irregular order, cancels directions to Magistrate on probe into rape allegations against Ponnani police officials
“We are aware of the seriousness of the allegations made by the Petitioners in their complaint, however, this appeal raises broader issues that relate to the exercise of independent jurisdiction by the Magistrate.”
Delhi High Court directs Trial Court to return passport of accused under COFEPOSA and Customs Act by modifying bail condition
The Trial Court was directed to return the passport surrendered by the accused within 2 weeks of submission of application for the same.
Delhi High Court directs fresh hearing on charge framing after FSL-verified video evidence surfaces
Delhi High Court remanded a case back to the Sessions Court to reconsider charges after new video evidence surfaced, challenging allegations of non-consensual relations as a fresh hearing was essential, as the initial framing of charges lacked access to the forensic report.
‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order
‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’
Calcutta High Court orders post-mortem of minor rape victim at AIIMS under supervision of Judicial Magistrate
The BNSS empowers the Magistrate to oversee key investigation steps such as T.I. Parade, recording statements under Section 183, and supervising specimen signatures, handwriting, fingerprints, and voice samples under Section 349, thus, mirroring oversight throughout the investigation.
‘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.
Sanction to Prosecute Public Servants: Change in Regime — A Balancing Act
by Mrinal Shankar† and Dharma Tej Koneru††
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.”
CrPC or BNSS?: The Tug of War Around July 01, 2024
by Aditya Mukherjee* and Jayati Sinha**
Legal Expatiate | 7 Day Online Certificate Course on Art of Contesting Criminal Matters under New Criminal Laws [31st August to 6th September, 2024]
In this dynamic course by Legal Expatiate, you will delve into the fundamentals of of new criminal laws and art of contesting matters
HIGH COURT AUGUST 2024 WEEKLY ROUNDUP | Latest news relating to Telangana Media Accreditation Rules; Twitter; Google; and more
A quick review of reported cases this week from various High Courts across the country
Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court
By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.
Karnataka HC asks State Government to frame guidelines vis-a-vis issue of summons under S. 35 of Nagarik Suraksha Sanhita
Giving the Government 8 weeks’ time to frame such guidelines, the Court laid down certain steps that must be followed whenever a person is to be summoned under S. 35, BNSS.
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details
Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.