Criminal Law Roundup: A quick recap of the top criminal cases from November 2024
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
Suicide
Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court
“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.
Section 498A IPC protection is available to woman even in marriage with the ‘colour’ of legality: Kerala HC
Kerala High Court said that the marriage under the customary or personal law, which is otherwise valid, has to be treated as valid between parties to that marriage for all practical purposes, unless and until it is challenged by any of the parties to that marriage, and declared void on any valid grounds.
Criminal Law Roundup | A quick recap of top criminal law cases from October 2024
Read about the significant criminal law matters heard and decided by the Supreme Court and High Courts in October 2024
‘No direct involvement in crime’; Gujarat HC grants bail to a child in conflict with law accused of abetting suicide of family
The family of four committed suicide near railway tracks, allegedly due to atrocious and forcible demand for money which they owed to co-accused.
[Rohith Vemula Suicide] ‘Despite best efforts of Investigating Officer, no evidence could be collected’; Telangana HC disposes of petitions after prosecution files closure report
The Telangana High Court noted that multiple issues could have driven Rohith Vemula to commit suicide and further, it could also not be established that the actions of the petitioners had driven Rohith Vemula to commit suicide.
Wife attending midnight calls from unknown numbers despite husband’s objections; Not abetment to suicide as defined in S.107, IPC: J&K and Ladakh HC
The Court opined that this was a clear case where based on evidence collected by the Investigating Officer, respondent may, be held responsible for the deceased’s suicide, yet it cannot be said that the suicide committed by the deceased was abetted by the respondent.
Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC
The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.
A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court
The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.
CBI takes over probe and registers FIR; Kerala High Court closes veterinary student’s death case
A second-year student studying in College of Veterinary and Animal Sciences in Pookode, Wayanad was found hanging in the hostel due to alleged torture and ragging.
Supreme Court stays criminal proceedings against Karnataka CM Siddaramaiah for organising protest over Contractor’s suicide
Supreme Court also stayed proceedings against Karnataka Ministers Ramalinga Reddy, MB Patil, and Congress leader Randeep Singh Surjewala over the protest in 2022.
‘Allegations deemed unadmitted without affidavits’; Calcutta High Court disposes of petition alleging Police inaction in suicide case
Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.
Dowry Death by Suicide| Subjecting a woman to a life akin to a slave merely because of her marital status is an egregious injustice: Delhi High Court
The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.
Merely because a person has been named in a suicide note, one can’t jump to conclusion that such person is the offender under S. 306, IPC: Karnataka HC
The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.
Whether insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide? Karnataka HC answers
In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.
Never Reported Judgment| When Supreme Court upheld the conviction based solely on dying declaration in Acid Poisoning case [(1952) 1 SCC 346]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 32(1) of the Evidence Act, 1872.
Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague’s sexual orientation
The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.
Supreme Court grants regular bail to pregnant woman accused of abetting husband’s suicide
Earlier, the Supreme Court vide order dated 30-06-2023, had ordered release of the accused on interim bail, as she was pregnant.
Allahabad HC grants bail to man having love affair with the deceased on absence of ingredients of abetment to suicide
This is one of the cases where the youth in this country are spoiling their lives due to lure of free relationship with the member of the opposite sex aping western culture and not finding any real soulmate in the end.
Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers
The Court was considering a case where a wife had set herself ablaze after having telephonic conversation with her husband who refused to come back and live with her and asked her to go from where she had come.