BNS/IPC
Sexual Offence Victims Take Time To Muster Courage, Fear 'Uncomfortable Questions' : Bombay High Court Refuses To Quash FIR For Delay
A First Information Report (FIR) registered in sexual offences, cannot be quashed merely on the ground of delay as the victim takes time to muster courage to lodge the complaint fearing the social stigma and also the 'uncomfortable' questions that she would be subjected to, held the Bombay High Court recently while quashing a section 354 (outraging modesty) case against a man, who molested...
'Criminal Law Can't Be Invoked Against Every Relative Of Husband Due To Matrimonial Discord': Madras HC Quashes S.498A IPC Case Against In-Laws
The Madras High Court recently quashed criminal cases against a husband's relatives under Section 498A of the IPC after noting that the allegations against the relatives were vague and unsupported by documents. Justice Victoria Gowri underlined that criminal prosecution cannot be launched against a husband's relative merely because there is matrimonial discord among...
'Serious Allegations': MP High Court Denies Anticipatory Bail To Husband Accused Of Trying To Commit Unnatural Sexual Acts With Wife
The Madhya Pradesh High Court has denied anticipatory bail to a husband who is accused of causing injuries to his wife in order to raise the demand of Rs. 5 lakh and attempting to commit unnatural sexual acts with her, noting that the allegations were serious in nature. The bench of Justice Rajendra Kumar Vani noted:"Having heard learned counsel for the parties and upon perusal of the case...
Right To Liberty Not Absolute, Bail Cannot Be Granted If Accused Has Serious Criminal Antecedents: Bombay High Court
The Bombay High Court has held that the fundamental right to liberty guaranteed under Article 21 of the Constitution of India is not an absolute right and a person having serious criminal antecedents cannot be granted bail solely on the ground of long incarceration. Sitting at the Nagpur bench, Justice Mahendra Nerlikar denied bail to one Swapnil Kashikar, booked for murdering a former...
Rajasthan High Court Asks Centre, State To Inform On Formulation Of SOP On Recall Of LOCs After Bail To Accused Who Seeks To Travel Abroad
Rajasthan High Court has sought assistance of the Additional Solicitor General and Advocate General to apprise the Court on steps taken for the formulation Standard Operating Procedure (SOP) for timely intimation to authorities about grant of bail to accused persons against whom an LOC was issued, so that it can be recalled. The bench of Justice Anoop Kumar Dhand has also sought clarity on...
Janhavi Gadkar Drunk Driving Case | Not Inclined To Permit Sale Of Offending Audi Car: Bombay High Court
The Bombay High Court on Thursday (June 11) expressed that it was not prima facie inclined to allow Janhavi Gadkar, the corporate lawyer booked in the high-profile drunk driving case, to sell her Audi Q5 car, which had collided with a taxi on the Eastern Freeway and killed two persons in June 2015.Single-judge Justice Madhav Jamdar, said that permitting to sell the vehicle in question...
'Gave Clean Chit To Accused': Kerala High Court Expunges Trial Court's Remarks On SIT Probe Against Thantri Rajeev In Gold Theft Case
The Kerala High Court has recently expunged the the remarks made by the Special Judge against the investigation of the Special Investigation Team (SIT) in the Sabarimala Gold Theft case while granting bail to accused Kandararu Rajeevaru @ Rajeev Thantri. Justice A Badharudeen, expunged the remarks while disposing of the petition by the State to cancel the bail granted to to Kandararu Rajeevaru...
Mere Criticism Of Public Representative In Private WhatsApp Group Not A Criminal Offence: Telangana High Court
The Telangana High Court has allowed a criminal revision filed by an accused who was prosecuted over messages posted in a WhatsApp group against a public representative, holding that mere criticism in a private social media group would not, by itself, constitute offences under Sections 504, 505(1)(b) and 506 IPC unless the essential ingredients of the offences are made out. These Sections of...
Delhi Court Denies Bail To Man Accused Of Duping Judge Of ₹52 Lakh Through Tinder, Slams Investigating Officer For Lapses In Probe
A Delhi Court has denied bail to a man accused of cheating a Haryana Judicial Officer of over Rs. 52 Lakh through a relationship allegedly initiated on the dating application Tinder, observing that he had received substantial funds, withheld material electronic evidence, and failed to cooperate with the investigation.Additional Sessions Judge Saurabh Partap Singh Laler of Patiala House...
Rajasthan HC Permits Medical Care To Asaram In Jail Granted In Earlier Orders; Rejects Plea For Temperature-Controlled Ward, Pvt Ambulance
Rajasthan High Court has directed that all the facilities, accommodations, permissions and medical arrangements that were made available to the rape convict, Asaram, by the earlier orders of high court and Supreme Court, shall continue to remain operative in the same manner, after his appeal against conviction was dismissed by court.Asaram had moved the high court seeking restoration of...
MP High Court Grants Anticipatory Bail To Man Booked In Kidnapping FIR, Slams State For Failing To Produce CCTV Report Despite Grant Of Time
The Madhya Pradesh High Court has granted anticipatory bail to a man who was accused of driving a car allegedly used in the kidnapping of a woman from the SC/ST Community. The bench of Justice Ramkumar Choubey noted that despite the applicant's representation seeking examination of CCTV footage to support his claim that he was not driving the vehicle at the time of the incident, the State...