Punishment Archives

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Case Briefs High Courts

Juvenile tried as adult cannot be denied bail solely due to absence of male member in family to supervise him: MP High Court

The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.

Case Briefs High Courts

‘Deprivation of bail must be considered as a punishment’; Delhi HC grants bail to Sub-Inspector accused of allegedly demanding and accepting bribe

A sensitive approach is required to be acquired by the Courts while dealing with the offences constituting bribery allegations against a public officer as the same minimizes the trust of the public in public servants who are duty bound to protect them.

Case Briefs High Courts

‘No lesser punishment than dismissal from service will be equal to gravity of misconducts’; Delhi HC upholds suspension of government employee

A person castigating their employer through a constant tirade of false and scandalous allegations does not deserve to continue in the employment of the said employer.

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs High Courts

Imposing two different punishments for two teachers of the same university for identical allegations of plagiarism is ‘shocking’: Delhi High Court

Plagiarism by any stretch of imagination will remain plagiarism, irrespective of where the material had been copied from and the quantum of such material copied, will not have any bearing or impact on the alleged misconduct of plagiarism itself.

Case Briefs High Courts

‘Mental illness not a choice’; Delhi High Court reinstates SSB constable dismissed from service for attempting suicide

“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”

Case Briefs Supreme Court

Imposing penalty before initiating disciplinary action wrong; Can’t put a cart before the horse: SC

Supreme Court: In a case where a member of the Indian Forest Services (IFS) had alleged that his junior was promoted to the post of Principal Chief Conservator of Forests while his candidature was kept in

Case Briefs High Courts

Can the Trial Court determine the age of the juvenile involved in a crime? Madhya Pradesh High Court answers

Madhya Pradesh High Court: Satyendra Kumar Singh, J. in a recent case affirmed that Trial Court does not have power

Case Briefs High Courts

Delhi High Court reprimands filing false FIR alleging rape charges; Directs woman to work at blind school; Directs man to plant 50 trees as punitive measure

Delhi High Court: In a case of an FIR registered by a woman (‘respondent 2′) alleging rape charges under the influence of

Op Eds OP. ED.

Keeping Solitary Confinement Beyond the Powers of Prison Authorities: Analysis of Various Kinds of Punishment Under Prison Rules

by Kamlesh Vishnoi*

Case Briefs High Courts

Megh HC │ Punishment for rape reduced considering confession and remorseful statement

Meghalaya High Court: The Division Bench of Sanjib Banerjee, CJ. and W. Diengdoh, J. disposed of an appeal assailing the judgment of

Case Briefs High Courts

Tel HC discusses contours of law regarding issuing notice under S. 41 A CrPC vis a vis grant of anticipatory bail

Telangana High Court: Juvvadi Sridevi, J. granted anticipatory bail subject to completion of investigation and filing of the final report. The facts

Case Briefs District Court

No death penalty, but life imprisonment for Yasin Malik: Patiala House Courts stresses on why ‘Terror Funding’ should be recognized as one of the gravest offences

Patiala House Courts: Stating that the crimes for which the convict had been convicted were intended to strike at the heart of

Case Briefs Supreme Court

“Disproportionately light punishment humiliates the victim”; Navjot Singh Sidhu to undergo one-year rigorous imprisonment in 1988 road rage case: SC

Supreme Court: Allowing the review petition in the 34-year-old road-rage case involving cricketer-turned-politician Navjot Singh Sidhu that resulted into the death of

Case Briefs High Courts

Person tries to commit suicide after being subjected to severe mental stress, which is a punishable offence: Is there any provision which can save her from penal provision? Ker HC decides

Kerala High Court: Expressing that, Criminal prosecution followed by conviction and imposing substantive sentences and fines on those convicted of suicidal behaviours

Case Briefs Supreme Court

Producing false/fake certificate is a grave misconduct; Dismissal of service justified in such cases: Supreme Court

Supreme Court: In a case where an employee had produced a fake certificate for seeking employment, the bench of MR Shah* and

Case Briefs Supreme Court

Lapse of a long period in deciding appeal cannot be a ground to award disproportionate and inadequate punishment: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that merely because a long period has lapsed by

Case Briefs High Courts

Cal HC | Penetration even of the slightest degree is necessary to establish the offence of rape; Court modifies order after 8 years of imprisonment

Calcutta High Court: The Division Bench of Joymalya Bagchi and Bivas Pattanayak, JJ. modified a sentence imposed which was given in relation

Case Briefs High Courts

Sikk HC | Handing out punishment is not the sole form of delivering justice; Court allows compromise

Sikkim High Court: Bhaskar Raj Pradhan, J. allowed the compromise to bury the difference between parties and gives them their lives as