Justice Dr. Swarana Kanta Sharma Archives

Delhi High Court: Blind discharge of accused with mental disabilities cannot be permitted; proper and informed judicial assessment essential

“Section 330(3) of CrPC mandates the Court to carefully consider the nature of the act committed, assess the degree of the mental condition, seek medical opinion, and then, only upon being satisfied, release the accused with adequate safeguards or refer him to a designated facility equipped to provide necessary care and rehabilitation.”

Case Briefs High Courts

‘Transmitting sensitive information of Indian Armed Forces to foreign handlers strikes national security’: Delhi HC dismisses bail plea of accused in espionage case

“When individuals, driven by financial inducement or otherwise, seek to breach this trust by serving as conduits to foreign agencies, amounts to an act not only of grave criminality but of betrayal to the nation.”

Case Briefs High Courts

Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father

The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.