Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident
Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence
IPC
[Special Law v. General Law] Bombay HC deciphers interplay between IPC and IT Act in punishing for overlapping offences
“For a special statute, such as the IT Act, to override the general law, such as the IPC, the ingredients of the offence under both laws must be the same. If any ingredient of an offense under the IPC is missing in the act made punishable under the special statute, the IPC will not be excluded, and it can still be resorted to.”
‘Dishonest inducement is sine qua non to attract Sections 415 and 420 of IPC’; SC quashes FIR against man in Rs. 16 crores cheating case
“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”
[Bumble Relationship] | Delhi Court grants bail to a man accused of rape under section 376 IPC
While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.
Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
[Trafficking for Sexual Exploitation] S. 370-A IPC offence made out only when sex worker’s customer has procured her for another person: Orissa HC
“In the absence of material that women are trafficked for the purpose of engaging for sexual exploitation, the offence under Section 370-A (2) of the IPC cannot be attracted against the customer”.
[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC
‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’
Law Commission advocates for retaining criminal defamation
The Report compared the right to reputation as against the freedom of speech and expression and also tracked down the judicial precedents.
Delhi High Court refuses to quash S. 376 IPC FIR based on conduct of parties, misguided facts and misinformed religious conversion
Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.
‘Minor wife’s stay at Girls Care Home not detrimental’; Patna High Court denies custody to husband
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Never Reported Judgment | Conviction u/s 420 of IPC made out when cheating/dishonest inducement to take delivery of property is proved on transaction date, not on subsequent dates [(1952) 2 SCC 486]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on Section 420 of the Penal Code, 1960.
‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused
It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.
20 years on, Murder Convict walks free after Supreme Court finds ‘Yawning Gap’ in Prosecution’s Evidence
“The principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused.”
No cognizance of offence u/S. 188 IPC unless DM makes a complaint to Judicial Magistrate under S. 195 CrPC: Gurgaon District Court
“No Court shall take cognizance of any offence punishable under Section 172-188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate”.
SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
[Parliament Security Breach] Delhi High Court stays Trial Court direction to Delhi Police to supply FIR copy against accused Neelam Azad
As per reports, the complaint concerns a security violation that happened on 13-12-2023 at zero hour when two young people surged into the Lok Sabha chamber, igniting smoke cans and hurling slogans like ‘ye tanashahi nahi chalegi’.
S. 205 CrPC | Magistrate must not act arbitrarily and be circumspect while deciding personal attendance of a Doctor: Orissa HC
“The Court has a bounden duty to balance the mandate of the law and requirements of general public and then decide the fate of a petition filed under Section 205 of the CrPC especially when the applicant is a public servant, more particularly, the Government servants who are enjoined with a duty to safeguard the lives and health of people.”
Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC
The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein
Centre’s new Bills to overhaul Indian Criminal Justice system withdrawn; To be reintroduced after incorporating suggestions of Committee
The decision came in light of the Parliamentary Committee’s recommendations to amend the bills with some major changes relating to adultery, Section 377, etc.