orissa high court
Case BriefsHigh Courts

“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.

orissa high court
Case BriefsHigh Courts

“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”

sanction under pc act declined
Case BriefsSupreme Court

“Sanction contemplated under Section 197 of the CrPC concerns a public servant who ‘is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty’ whereas, the offences contemplated in the PC Act, 1988 are those which cannot be treated as acts either directly or even purportedly done in the discharge of his official duties.”

orissa high court
Case BriefsHigh Courts

The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.

orissa high court
Case BriefsHigh Courts

The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.

karnataka high court
Case BriefsHigh Courts

The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.

cryptic and casual bail order
Case BriefsSupreme Court

The Supreme Court said that due consideration must be given to the facts which are suggestive of the nature of crime, the criminal antecedents of the accused and the nature of punishment that would follow a conviction vis-à-vis the offences alleged against an accused.

orissa high court
Case BriefsHigh Courts

The Additional Sessions Judge had sentenced the Rape Convict to undergo rigorous imprisonment for seven years for the offence under section 376(1) of the IPC.

gujarat high court
Case BriefsHigh Courts

The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.

orissa high court
Case BriefsHigh Courts

The Court said that the Trial Court had rightly convicted the appellant under Sections 366, 376(2)(n), 370-A and 506 of the IPC, as it was successfully established by the Prosecution that the victim was a minor and the statement of the victim was clear, cogent, trustworthy.

karnataka high court
Case BriefsHigh Courts

The Court pointed out that merely because the petitioner provided monetary help to the woman, it cannot be said that they are married. Since the woman was already married, there is no case of breach of promise to marry either.

landmark judgments on prevention of money laundering act
Experts CornerSiddharth R Gupta

by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 54

madras high court
Case BriefsHigh Courts

Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.

law commission of india
Hot Off The PressNews

The Commission also recommended that the scheme of punishment provided under Section 124-A should be amended to ensure that it is brought in parity with the other offences under Chapter VI of the IPC.

allahabad high court
Case BriefsHigh Courts

Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.

allahabad high court
Case BriefsHigh Courts

Allahabad High Court noted that last year, the Trial Court convicted Kamlesh Pawan and six others for protesting against the arrest of Akhilesh Yadav and attempting to burn the statue of the then UP Chief Minister, Mayawati.

andhra pradesh high court
Case BriefsHigh Courts

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Allahabad High Court
Case BriefsHigh Courts

It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.

Bombay High Court
Case BriefsHigh Courts

Bombay High Court observed that the objective of Section 353 IPC is to prevent a public servant from not being obstructed while performing his lawful duties and same cannot be allowed to become a tool in hand, of unscrupulous persons to cover up outright illegality as done in the present case.

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court reprimanded the contention of the applicant stating that since the complainant was a lawyer and was, thus, well aware about nuances of writing a complaint and had, therefore, twisted the facts and police had lodged a false complaint against the applicant. It was opined that a person’s profession of being an advocate cannot be held against him.