CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from January 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
dowry death
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Khadi’s Device Mark; Police Protection for Live-In Couples; Wonderchef’s Reputation; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Rapido’s Trade Mark; Magic Mushrooms; Cloud Particle Scam; Sky Force Movie; and more
A quick legal roundup to cover important stories from all High Courts this week.
‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case
“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”
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.
Heated exchange between couple/family members over meal preparation not sufficient to prove abetment to suicide: J&K High Court
The Court stated that the presumption under Section 114-C of the Evidence Act regarding dowry deaths could not be applied without credible evidence of dowry harassment.
Wife’s guilt under S. 498-A IPC can’t become a ground to hold husband guilty in absence of specific material on record: SC
The Division Bench opined that in Section 498-A IPC cases, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences.
MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused
“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”
Mechanical addition of charges u/s 302 IPC in dowry cases dilutes the severity of murder as an offense: Allahabad HC takes note of practice by Trial Courts
“Addition of Section 302 IPC in addition to pre-existing sections about dowry death and dowry related inhuman treatment is being carried out by Trial Judges as a matter of routine and in a most mechanical fashion, making the entire episode more grim and serious, without having any supporting documents or allegations”
Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case
A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.
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.
[Conviction for offence not charged] Acquittal in 304B by Supreme Court accompanies clutches of Section 306 of IPC
Supreme Court found the dying declaration to be genuine, true and not tainted with doubt or shrouded with mystery, reflecting the maker to have stated the true story.
Dying declaration may be sole basis of conviction, but Courts must conclude it to be trustworthy, reliable and one which inspires confidence: Supreme Court
“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
A quick legal roundup to cover important stories from all High Courts this week.
Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case
Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.
Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC
The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.
Whether the statement of deceased to the police and treating doctors pass the test of dying declaration? Allahabad High Court answers
Allahabad High Court reiterated that the dying declaration recorded by a police officer, can be acted upon if the same is found to be true, coherent, consistent, and free from any effort to prompt the deceased to make such a statement.