Need to Revisit the Doli Incapax Doctrine in India
by Arjun V. Harihar*
Nyaya Sanhita 2023
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.
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.
DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds
The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.
Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC
The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.
Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction
The Court stated that admittedly, the death is homicidal, and the doctor also found that the cause of death is injury, which was inflicted upon the deceased persons. Therefore, the ocular evidence corroborates with the medical evidence.
When can CBI be involved in an investigation? Kerala High Court answers
“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”
While imposing conditions for grant of bail, Trial Court has no power to direct any person to first apply for passport, obtain it, then surrender it: Bombay High Court
The unusual condition, which was imposed and later, was not modified, clearly shows that the Trial Court travelled beyond its powers and imposed such conditions, which was normally not required when granting bail.