IPC Archives

Can employee claim Death-cum-Retirement Gratuity where a criminal appeal in corruption case is pending against him and sentence is suspended? SC answers

Supreme Court: In an interesting case where the Division Bench of Sanjay Kishan Kaul* and M.M. Sundresh, JJ., was to answer whether

Case Briefs High Courts

Gau HC | Sexual offences against minor cannot be compromised by parents; HC rejects application to enforce compromise

Gauhati High Court: Arun Dev Choudhury, J., held that sexual offences against minor cannot be compromised by parents. An FIR was lodged

Op Eds OP. ED.

Rape or No Rape —That is the Question: An Analysis of Consent on the Basis of a Promise to Marry

by Sudhanshu Chaudhari* and Amit Pai**

Case Briefs Supreme Court

Murder convict seeks remission of sentence on the ground of being 100% visually impaired. Can disability be a ground for remission? SC answers

Supreme Court: While addressing the plea of a murder convict seeking remission on the ground of blindness, the Division Bench comprising of

Case Briefs High Courts

AP HC | If the de facto complainant feels insulted as he was beaten in front of public and if he takes a hasty decision to commit suicide; will the accused be held responsible in the eyes of law?

Andhra Pradesh High Court: Cheekati Manavendranath Roy J. partly allowed the petition by quashing FIR for the offence punishable under Section 306

Case Briefs High Courts

Kar HC | Bail rejected as the Court cannot decide whether it attracts the offence under Ss. 302 of IPC or 304 Part-II IPC at this stage

Karnataka High Court: H.P Sandesh, J. rejected bail as at this stage no offence can be attracted and the same is left

Case Briefs Supreme Court

Person with 54% disability pinned to the ground, throttled by neck and consequently killed by strangulation; SC cancels HC order granting bail to the accused

Supreme Court: The Division Bench of M.R. Shah B.V. Nagarathna*, JJ., cancelled the bail order of the High Court against the person

Case Briefs High Courts

Kar HC | While deciding the petition under S. 482 of CrPC evidence cannot be appreciated as it lies within the domain of Trial Court

Karnataka High Court: Sreenivas Harish Kumar J. dismissed the petition being devoid of merits. The facts of the case are such that

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Case Briefs High Courts

Ker HC | “The accused hugged and impregnated me”; Is mere oral testimony of victim sufficient to attract offence of rape?

Kerala High Court: Kauser Edappagath, J., reversed the concurrent findings of Lower Courts, whereby the accused was convicted for the offence of

Case Briefs High Courts

‘Madam if you want leave, come and meet me alone’; Chh HC held it not to be a sexually coloured remark; Offence under IPC and SC ST Act not made out

Chhattisgarh High Court: Narendra Kumar Vyas, J., quashed the FIR registered against the petitioner by Respondent 4 at Women Police Station, Bilaspur

Case Briefs High Courts

[Elgar Parishad Case] Bombay High Court grants default bail to activist Sudha Bhardwaj

Bombay High Court: The Division Bench of S.S. Shinde and N. J. Jamadar, JJ., granted bail to activist Sudha Bhardwaj after three

Case Briefs High Courts

[Model Code of Conduct] Kar HC | Mere display of any stickers and flags on vehicles of any particular party will not attract/invoke S. 171 H IPC

Karnataka High Court: H P Sandesh J. allowed the petition and quashed the proceedings initiated against the petitioners. This petition is filed

Case Briefs High Courts

[Kottiyoor Rape Case] Ker HC upholds conviction of former priest; reduces 20 years rigorous imprisonment to 10 years

Kerala High Court: In an infamous case of sexual assault whereby the priest of the St. Sebastian Church had impregnated a minor

Case Briefs High Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case Briefs High Courts

Ker HC | “Mere abusive, humiliating or defamative words by itself cannot attract an offence of obscenity under Section 294 (b) of IPC”; HC quashes proceedings against person who allegedly harassed the Police

Kerala High Court: Mohammed Nias C.P., J., quashed the proceedings against the petitioner for obstructing a police officer from performing his duty.

Case Briefs High Courts

Ker HC | Presence at a Police Station while being under influence of alcohol; will it attract any offence? HC decides

Kerala High Court: Sophy Thomas, J., quashed proceedings against the petitioner who was charge sheeted for being under the influence of alcohol

Case Briefs High Courts

Utt HC │Article 21 is very precious fundamental right and should be curtailed only when it becomes imperative; Court grants anticipatory bail

Uttaranchal High Court: Alok Kumar Verma, J., allowed an application for anticipatory bail which was filed in connection with FIR registered for

Case Briefs Tribunals/Commissions/Regulatory Bodies

CAT| When subjective satisfaction of dispensing with the inquiry is not supported by any independent material, dispensing with holding the inquiry would be illegal

“If a preliminary inquiry could be conducted, there may not be any reason as to why formal departmental inquiry could not have been initiated against the delinquent.”

Case Briefs High Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular