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“Making statements such as, the wife does not wear proper clothes or was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment as per the explanations given in Section 498-A of the Penal Code, 1860.”
The Court stated that agreement of surrogacy is opposed to public policy in India. Therefore, consent for sexual relation under such illegal surrogacy agreement is not a valid consent as per the provisions of the Penal Code, 1860.
The Court was shocked with the treatment given to the girls in the children’s home and the complaints made in respect of the Child Welfare Committee, which was established with a broad object and was supposed to act in the children’s interest, who need care and protection.
“In respect of offences that occur against a person in police custody or custodial death, the stand to be taken by this Court should be different. Being the protectors of the constitutional rights of a citizen, who by virtue of the order passed in a judicial process, is in the custody, then if his constitutional rights are violated by an officer or any other citizen in jail, then at this prima facie stage, we say that the Court’s interference is required.”
“Compromises in heinous crimes are not in the interest of the society since it will then be easy for the accused persons to get the consent of such informants by putting pressure or using money power.”
“The education was being given to the girls in the observation homes which was their right being a citizen of the country, but their transfer from the place where they grew up till the age of 18 years was to be weighed carefully keeping in mind the interest of the girls.”
“All the persons including the persons attached to political party were required to obtain construction permission under the local bylaws of the local municipal authority. A public square (chowk), road or place could not be named by the MLA on his own.”
“If the Courts started accepting that a major boy of age 25 years on-wards took away the girl who was a minor and then came with the defence of adolescent love, then it would not be a good sign from the legal point of view, because particular Acts were legislated with certain aims and objects.”
“The Court observed that the police does not take proper precautions and appropriate investigation when it came to offences under Section 498-A IPC and called their attitude of proceeding with investigation with presumptions/prejudicial mind, ‘dangerous’.”
Every prisoner should follow the rules and regulations of the prison and carrying prohibited items with him inside the prison will make him ineligible for transfer to an open prison.
“Even though every citizen is duty bound to help the police, that does not mean that refusal of the same shall be considered as an offence in all situations.”
“To prove an offence under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, a particular community shall be targeted, or a particular member of a Scheduled Caste or a Scheduled Tribe shall be targeted.”
The copy pasting of statements may unnecessarily give advantage to the accused persons, because of which the seriousness of the genuine case may vanish.
Respondent 2 stated that the notice which her husband, Applicant 1 had given on 28-12-2023, stated that Talaq-e-Ahsan i.e., one pronouncement of Talaq, was given to her.
The applicant is made an accused as it is alleged that he made a speech and because of the said speech, co-accused persons, i.e., his party workers/followers got excited and pelted stones at a bus.
The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.
Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.
“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”
From the contents of FIR, it cannot be gathered that there is any other evidence to show that applicant has used the electronic signature, password, or any other unique identification feature of any other person.