Delhi HC Raises Key Question on BNSS Cognizance, Seeks Larger Bench Clarity
The host and owner of the InControversial podcast had filed a petition for quashing of proceedings under a criminal defamation complaint.
The host and owner of the InControversial podcast had filed a petition for quashing of proceedings under a criminal defamation complaint.
The Court held that the petitioner was the alleged girlfriend of the complainant’s husband, and no other status or relation had been assigned to her for prosecution under Section 498A of the IPC.
“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.
The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
A quick legal roundup to cover important stories from all High Courts this week.
The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’
Allahabad High Court: Dinesh Kumar Singh, J. in the present case took opportunity to point out a trend that in large number
The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.
Uttaranchal High Court: A criminal writ petition filed by the petitioners for quashing the FIR registered for offences punishable under Sections 420,120-B
Delhi High Court: A Single Judge Bench of the High Court of Delhi comprising of Vinod Goel, J, quashed a proceeding under