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Can private individuals legally stop, restrain or use force against young people because they disapprove of their conduct? This episode examines the reported Jamui incident, the BNS, POCSO Act, private interference, unlawful restraint, child protection and the rule of law.
Coming Soon | Next episode in Law Made Easy by SCC Times examines the reported Jamui incident through the Bharatiya Nyaya Sanhita,
The Kerala High Court has ruled that the distinction between the terms “chest” and “breast” is immaterial while assessing allegations of sexual
The Supreme Court has held that an incorrect statement cannot automatically amount to a false statement attracting criminal prosecution. Emphasising the importance
In Mahesh Chand v. State of U.P., the Supreme Court cancelled bail granted in a dowry death case and reiterated that courts
In this interview, Prof. (Dr.) G. S. Bajpai, Vice-Chancellor, National Law University Delhi, shares his perspectives on criminal justice, victimology, legal research,
The case relates to an FIR based on the complaint of a security guard at the residence of Ex-MLA from Faridkot, Punjab alleging open firing by two unidentified men at the main gate of the premises.
The victim, a minor girl, was abducted, gang-raped, and brutally murdered by the appellants. Her body was later recovered, bearing signs of extreme violence and attempts to destroy evidence.
The Court observed that the deceased felt humiliated after being beaten by her husband and brother-in-law over allegations of infidelity. However, such conduct, though condemnable, is not ordinarily expected to drive a similarly placed person to suicide.
It is extremely saddening that a human being lost life in such gruesome manner and the body was cut into pieces way back in the year 2018 but till date even identity of the deceased has not been established.
Although interim bail is granted due to exigency or humanitarian or compassionate ground but in NDPS cases Courts may exercise that discretion in the event the Court is of the view that trial cannot be completed within a short period.
The case of the prosecution is that the accused persons had noticed that one businessman is running business of exchange of old and soiled currency in Chandni Chowk and he used to return to his house daily with huge cash. The bail applicant along with his associates, then hatched a criminal conspiracy to rob and kill the said businessman.
“The presence of ‘sexual intent’ is the determining factor in distinguishing an act of mere physical force from an act that constitutes sexual assault under the POCSO Act.”
Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.