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consent

Case BriefsHigh Courts

HP HC│ “NO MEANS NO”; Neither the absence of resistance nor the unwilling submission implies consent in any language; Bail rejected

Himachal Pradesh High Court: Anoop Chitkara J. dismissed the petition on the observations made hereunder. The facts of the case are such

Published on May 7, 2021May 9, 2021By Editor_4
1 Comment3788 views
Case BriefsSupreme Court

“Consent of parties cannot obviate the duty of the High Court to indicate its reasons”; Supreme Court explains the law on Bail

Supreme Court: The Division Bench of Dr. Dhananjaya Y. Chandrachud* and M. R. Shah, JJ., pronounced an important judgment which came out

Published on May 1, 2021May 9, 2021By Editor_4
Leave a comment2967 views
Case BriefsHigh Courts

Ker HC | Whether a Child born out of a live-in relationship is to be treated as a child born to a married couple? Status of Children in a live-in relationship & mother’s decision to recognize fatherhood of child || High Court unwinds

“The death is not the greatest loss in life. The greatest loss is what one dies inside us while we live.”

Published on April 26, 2021April 26, 2021By Bhumika Indulia
Leave a comment5572 views
Case BriefsHigh Courts

Bom HC | ‘Consent’ of minor for sexual act who conceived and delivered a baby will be immaterial

Bombay High Court: The Division Bench of S.S. Shinde and Manish Pitale, JJ., held that whether a minor gave her consent for

Published on April 7, 2021April 16, 2021By Bhumika Indulia
1 Comment4077 views
Case BriefsSupreme Court

‘Educated adults choosing their life partners is the way forward to reduce caste and community tensions’; SC comes to the aid of a young couple facing “threats from the elders”

“Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role.”

Published on February 12, 2021March 25, 2021By Prachi Bhardwaj
1 Comment6505 views
Case BriefsHigh Courts

J&K HC | Investigating agency to determine whether consent of prosecutrix to have sexual intercourse with petitioner was willing or it was obtained on account of false promise of marriage

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present bail application, observed that given to the relationship shared between

Published on January 29, 2021February 5, 2021By Editor_4
Leave a comment3390 views
Case BriefsHigh Courts

All HC | Is any offence committed if two adults wish to be in a live-in relationship? Read what HC ruled

“…where a boy and a girl are major and they are living with their free will, then, nobody including their parents has the authority to interfere with their living together.”

Published on December 4, 2020December 4, 2020By Bhumika Indulia
2 Comments3004 views
Case BriefsSupreme Court

‘Ability to do some household chores does not discard evidence of prosecutrix’s mental disorder’; SC holds man guilty for rape of a mentally deficient woman

“A person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited.”

Published on December 3, 2020December 11, 2020By Prachi Bhardwaj
Leave a comment4618 views
Case BriefsHigh Courts

Ori HC | Permission rejected to terminate unwanted pregnancy of unmarried ‘major’, physically handicapped and mentally retarded rape victim; Comprehensive Directions issued

Orissa High Court: Biswanath Rath J., allowed the petition in part and laid down comprehensive guidelines for the state to follow in

Published on October 1, 2020By Editor_4
Leave a comment2423 views
Case BriefsHigh Courts

Ker HC | Can person with physical infirmities seriously affecting cognitive functions file suit through ‘next friend’?

Kerala High Court: A Division Bench of S.V. Bhati and Bechu Kurian Thomas, JJ., addressed an issue pertaining to the following terms, Total

Published on August 19, 2020August 21, 2020By Bhumika Indulia
Leave a comment3882 views
Case BriefsHigh Courts

Bom HC | Rape on pretext of false promise of marriage: Intention of accused from the inception not to marry is to be ascertained

Bombay High Court: M.G. Sewikar, J., denied bail to the applicant accused of deceiving the prosecutrix by giving false promise of marriage who

Published on August 19, 2020November 30, 2020By Bhumika Indulia
Leave a comment6487 views
Case BriefsHigh Courts

Bom HC | Unnatural Sex attracts an offence only if it’s done without the consent of the adult

Bombay High Court: Vinay Joshi, J., granted bail to the applicants who were accused of committing offence of unnatural sex without consent and

Published on August 18, 2020August 28, 2020By Bhumika Indulia
Leave a comment6373 views
Case BriefsHigh Courts

Bom HC | No straight jacket formula as to how a woman will react to an act of outrage by a male

Bombay High Court: Bharati Dangre, J., while addressing a bail application made the following observation: There cannot be a straight jacket formula as

Published on July 25, 2020July 31, 2020By Bhumika Indulia
2 Comments5667 views
Case BriefsHigh Courts

Bom HC | Accused alleged to have raped repeatedly a 17 year old victim granted bail in view of confession of “consent” by victim for the act

Bombay High Court: Sandeep K. Shinde, J., granted bail to a person accused for alleged offence of committing rape repeatedly, which turned out

Published on July 14, 2020July 24, 2020By Bhumika Indulia
Leave a comment3433 views
Case BriefsHigh Courts

Ker HC | Surrender can never be considered as consensual acts of sexual intercourse; Sexual intercourse welcomed could be accepted as “consensual”

Kerala High Court: P.B. Suresh Kumar, J., addressed a matter in which a 59 year old man was accused of raping a minor

Published on July 7, 2020July 17, 2020By Bhumika Indulia
Leave a comment3164 views
Case BriefsHigh Courts

Del HC | Acquittal of rape accused upheld where condition precedent for proving physical relationship established on false pretext of marriage found missing

Delhi High Court: A Division Bench of Manmohan and Sangita Dhingra Sehgal, JJ., dismissed a criminal leave petition filed by the State against

Published on January 29, 2020January 31, 2020By Bhumika Indulia
Leave a comment3228 views
Case BriefsHigh Courts

Pat HC | Consent of first wife for solemnization of another marriage, during subsistence of second marriage, does not validate the second marriage

Patna High Court: A Division Bench of Hemant Kumar Srivastava and Prabhat Kumar Singh, JJ. rejected a letters patent appeal on the

Published on January 2, 2020January 8, 2020By Bhumika Indulia
Leave a comment3237 views
Case BriefsSupreme Court

When a woman says she did not consent to a physical relationship, court should not presume otherwise

Supreme Court: In an appeal against the verdict of Gujarat High Court that quashed the criminal proceedings against a man accused for

Published on November 2, 2019By Prachi Bhardwaj
Leave a comment4567 views
Case BriefsHigh Courts

All HC | Evidences gathered by Investigating Officer cannot be looked under Inherent powers; Consent for sexual intercourse on promise to marry, held to be subject matter of evidence

Allahabad High Court: Applicant filed an application under Section 482 of Criminal Procedure Code which was contemplated by Dinesh Kumar Singh, J.

Published on October 1, 2019October 10, 2019By Bhumika Indulia
Leave a comment2595 views
Case BriefsHigh Courts

Ker HC | Sex on promise of marriage: Not an offence if alleged accused marries purported victim shortly thereafter – no misconception of fact in girl’s consent

Kerala High Court: R. Narayana Pisharadi, J. allowed the petition filed by the husband and directed the Court of Judicial Magistrate First

Published on June 7, 2019June 14, 2019By Bhumika Indulia
1 Comment5850 views

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