IPC
‘Injured lawyer’s complaint cannot be dismissed because he has drafting skills’; Delhi High Court denies anticipatory bail plea
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.
Suggestions to witness by defence and reply to the same forms part of evidence to determine guilt of accused; SC upholds conviction in murder case
Supreme Court was quick to clarify that if prosecution was unable to prove its case on its own legs, then it won’t be able to derive advantage from the weakness of the defence and the Court would not be able to convict the accused on the strength of the evidence in the form of reply to the suggestions made by the defence counsel to a witness.
‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case
The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.
28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders
Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.
Constitutional Courts can exercise power of imposing a modified or fixed-term sentence even where capital punishment is not imposed or proposed: SC
To identify whether the case of an accused under S. 302, IPC falls in the category of ‘rarest of the rare’ case, for the purpose of modification of sentence, it is no consideration by itself that the accused is a first-time offender and has no antecedents.
For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC
Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.
Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court
Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case
Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.
Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case
Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine
Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties
Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.
Juvenile Justice| Supreme Court directs release of death row convict in minor’s kidnap, rape, and murder case; holds incarceration for more than 3 years illegal
In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.
What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers
Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.
“Age of Consent” Under the POCSO Act
by Maharukh Adenwalla† and Prakriti Shah‡
Delhi High Court reprimands owners of TVF web series ‘College Romance’ over “obscene, lascivious and profane language”
The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.
Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest
Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.
Rajasthan High Court acquits District Transport Office clerk from the charges of demanding bribery after 38 years of conviction
Rajasthan High Court stated that the prosecution had failed to prove the demand and acceptance of the bribe by the appellant and mere recovery of money could not be a grounds to consider it as a bribe.
Supreme Court grants bail to murder accused in custody for more than 14 months
In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case
Supreme Court grants anticipatory bail to 85% disabled accused in cheating case
Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person