Nyaya Sanhita 2023 Archives | SCC Times

Delhi High Court

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Kerala High Court

Case Briefs High Courts

‘Merely smoking is no ground to conclude that victim is of deviant character’; Kerala HC upholds conviction u/s 377 IPC

“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”

Delhi High Court

Case Briefs High Courts

‘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.”

Delhi High Court

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.

Delhi High Court

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Delhi High Court

Case Briefs High Courts

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

Punjab and Haryana High Court

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Andhra Pradesh High Court

Case Briefs High Courts

Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)

The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.

corroboration of retracted confession

Cases Reported Never Reported Judgments

NRJ Series| Circumstances corroborating retracted confession must implicate accused; not necessary that it should be independently sufficient for corroboration [(1954) 2 SCC 231]

This report covers the Supreme Court’s Never Reported Judgment, on corroboration of retracted confession, dating back to the year 1954.

Delhi High Court

Case Briefs High Courts

Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case

It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.

Punjab and Haryana High Court

Case Briefs High Courts

‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case

In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.

Punjab and Haryana High Court

Case Briefs High Courts

‘Voluntarily accompanying accused in crowded place; no injury marks on body parts of victim’; Punjab and Haryana HC acquits rape accused in a POCSO case

The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.

Jharkhand High Court

Case Briefs High Courts

Apprehension in victim’s mind about use of criminal force by gesture sufficient; actual use of criminal force not required to attract Section 353 of IPC: Jharkhand HC upholds conviction

In the present case, there are concurrent findings that the accused persons abused the informant while he was discharging his duty in his office-cum-chamber and insulted him before public and subordinates. Further, the informant was pressurized to issue death certificate, which he was otherwise not agreeable to issue, after explaining the reasons.

Bombay High Court

Case Briefs High Courts

Bombay HC rejects anticipatory bail application of a man who assaulted a senior citizen for allegedly carrying ox/buffalo meat

Applicant along with other people, threatened the informant, a senior citizen aged about 71 years, to throw him off the train and kill him and even hit the informant on face, eyes, and stomach.

Confession of co-accused not substantive evidence

Cases Reported Never Reported Judgments

NRJ Series | Confession of co-accused not substantive evidence in itself but can be considered to lend assurance to existing circumstantial evidence [(1954) 1 SCC 625]

This report covers the Supreme Court’s Never Reported Judgment on, confession of co-accused, dating back to the year 1954.

Punjab and Haryana High Court

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Jharkhand High Court

Case Briefs High Courts

‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child

The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

Doli Incapax Doctrine in India

Need to Revisit the Doli Incapax Doctrine in India

by Arjun V. Harihar*

Himachal Pradesh High Court

Case Briefs High Courts

Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage

No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.

Jharkhand High Court

Case Briefs High Courts

WhatsApp news group will come within domain of ‘any form of media’; Jharkhand HC dismisses petition to quash charges against Local MLA accused of disclosing identity of rape victim

It is alleged that the local MLA-the petitioner and his supporters visited Hospital to show their sympathy to the victim and her family member and after taking name, address and photograph of victim, it was sent to media and other organization from the petitioner’s mobile number.

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