'Actuated By Malafide At Many Levels': Patna High Court Quashes S.319 CrPC Order Passed By ADJ Accused Of Seeking Money

The Patna High Court has quashed an order summoning a man to face trial under Section 319 CrPC in a murder case, holding that the proceedings appeared to be “actuated by malafide at many levels” and that the evidence relied upon by the Trial Court was “extremely insufficient” to justify invocation of powers under Section 319 CrPC. A Single Judge Bench of Justice Ansul was hearing...

Court Does Not Become 'Functus Officio' After Directing Probe Under S.156(3) CrPC, Must Call For Progress Reports: Rajasthan High Court

Rajasthan High Court held that once the direction for investigation was issued by the Criminal Court in terms of Section 156(3), CrPC, it does not become functus officio, but remained under an obligation to call for progress reports in case it found that the investigation was not completed within a reasonable time. The bench of Justice Rekha Borana observed that the Court had noticed many...

“Copy-Paste” Detention Orders Based On Authority's Dossiers Without Independent Evaluation Are Illegal: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that detention orders passed under preventive detention laws merely by reproducing allegations contained in dossiers supplied by sponsoring authorities, without independent application of mind by the detaining authority, are illegal and unconstitutional. The Court observed that detaining authorities are expected to act neutrally...

Courts Must Order Psychological Assessment Of Child Only If Necessary; Minimum Intrusion Should Be Norm: Supreme Court

The Court reiterated that children who suffered sexual abuse should not be exposed to processes that may cause secondary victimisation.

'Brazen Violation Of Article 21': MP Court Directs FIR Against 4 Cops For Allegedly Trespassing Complainant's Home, Assaulting Women & Minor

A Magistrate Court in Datia, Madhya Pradesh has directed registration of an FIR against four police officers for allegedly trespassing into a residence and assaulting family members–including a woman and a minor child, observing that their actions bore no rational or reasonable nexus with the discharge of official duties and were rather a brazen violation of law.The order was passed by...

Tacit Approval Of Minor Not Consent In Law But Has Bearing On Bail: J&K&L High Court Grants Bail In POCSO Matter

The High Court of Jammu & Kashmir and Ladakh has held that although consent of a prosecutrix is legally irrelevant in offences under the Protection of Children from Sexual Offences Act, 2012, cases involving romantic relationships between young adults where there may have been “tacit approval in fact, though not consent in law” for a sexual relationship are required to be viewed with...

Is 3rd Judge Hearing Criminal Appeal After Split Verdict Bound By Views Of Previous Bench? Supreme Court Refers To Larger Bench

The Court expressed reservations regarding a 1999 judgment which held that the 3rd judge can independently examine the matter.

Supreme Court Sets Aside MP HC Direction To Trial Courts To Examine Sanctioning Authority Before Framing Charges In Corruption Cases

The Court held that criminal courts cannot introduce a new stage in trial procedure by requiring sanctioning authorities to be examined before charges are framed.

Putting Hand Inside Minor Girl's Pant Amounts To 'Sexual Assault' U/S 7 Of POCSO Act: Orissa High Court

The Orissa High Court has held that the act of an accused putting his hand inside the pant of a minor girl/victim, even without proof of inserting finger into her vagina, amounts to 'sexual assault' within the ambit of Section 7 of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').Affirming the conviction and order of sentence recorded by the trial Court, a Single...

AP High Court Quashes Atrocity FIR, Says Private Monetary Dispute Can't Be Camouflaged As Caste‑Based Offences In Absence Of Ingredients

The Andhra Pradesh High Court has quashed criminal proceedings against a man accused of caste-based abuse under the SC/ST Act and insulting a woman's modesty, holding that the allegations did not disclose the essential ingredients of the offences alleged. The Court noted that the complaint did not allege that the purported caste-based insults were made "within public view" as required under...

Person Accused Of Offences Not Mentioned Under Section 82(4) CrPC Not Deemed As Proclaimed Offender: Gujarat High Court

The Gujarat High Court has said that a person accused of only those offences enumerated under Section 82(4) can be declared a proclaimed offender noting that the nature of the offences was serious also carrying the safeguard of an inquiry as provided under the provision. It further said that a person accused of offences other than the ones under section 82(4) and against whom a proclamation...

'Left Free To Live As Spouses' : Supreme Court Quashes POCSO Conviction After Convict & Victim Marry

The Supreme Court recently set aside a conviction under the Protection of Children from Sexual Offences Act, 2012, after the accused and the victim arrived at a settlement by marrying each other and after the accused offered her compensation.A bench comprising Justice JK Maheshwari and Justice Atul S Chandurkar set aside the conviction invoking its special powers under Article 142 of...