Criminal Law
Bihar Court Sentences 85-Year-Old Man To 3 Yrs In Jail In 1992 Attempt To Murder Case; Granted Provisional Bail
A Court in Bihar's Vaishali district on Tuesday convicted an 85-year-old man in connection with a 1992 attempt to murder case. Additional District and Sessions Judge Manoj Kumar Tiwari found the octogenarian, Deep Rai, guilty under Sections 147 (rioting), 148 (rioting armed with a deadly weapon) and 307 (attempt to murder) IPC, along with Section 27 of the Arms Act. Rai...
“Ordinary Citizen Not Supposed To Know Full Form Of BNSS Unless Informed”: J&KL High Court Quashes Preventive Detention Order
The High Court of Jammu & Kashmir and Ladakh has quashed a preventive detention order passed under the Jammu and Kashmir Public Safety Act, 1978, observing that an ordinary citizen is not supposed to know the full form or meaning of the abbreviation 'BNSS' unless law enforcement agencies and the concerned magistrate disclose it.The Court held that the detention order referring to...
'Sad Picture': MP High Court Enhances Maintenance Of Wife Allegedly Married As Teenager, Says She Can't Be Denied Reasonable Sum
The Madhya Pradesh High Court enhanced maintenace amount ordered by a family court to a woman, remarking that it was a sad picture of the rights of girls wherein the woman who was allegedly a victim of child marriage, was again being victimized by being provided "meagre amount of maintainance". The woman, who was allegedly married in 2015 while she was only 13 years old, had alleged cruelty...
Habeas Corpus Plea Not Maintainable Against Arrest & Remand Order Once Cognizance Taken; Accused Must Seek Regular Bail: Allahabad HC
In a significant verdict passed last week, the Allahabad High Court has held that once a competent Court takes cognizance on the charge sheet, an accused cannot maintain a habeas corpus petition challenging the legality of his arrest or the initial remand order passed under Section 167(2) CrPC/187(2) BNSS. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi reasoned that...
Conviction Can't Be Based On Evidence Recorded Prior To Summoning Accused U/S 319 CrPC: Allahabad High Court
The Allahabad High Court recently held that evidence recorded in the absence of an accused person, which is relied upon to summon him under Section 319 CrPC, cannot later form the basis of his conviction.A bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi observed thus while acquitting a murder accused in connection with a 2008 case.The trial court had convicted the...
Rajasthan High Court Imposes One-Year Social Media Ban On POCSO Accused Held For Allegedly Cyber-Stalking Minor
While granting bail to a POCSO accused, Rajasthan High Court imposed a unique condition that bars him from using all kinds of social media platforms for 1 (one) year, for ensuring safety of the victim. The bench of Justice Ashok Kumar Jain observed that if the accused was found using social media under his own name or any other fictitious name, during this period, the bail order shall...
Adarsh Cooperative Society 'Scam': Rajasthan High Court Revokes Default Bail Granted To Co-Accused On Ground Of Incomplete Charge Sheet
Rajasthan High Court cancelled the default bail granted under Section 167 (2) CrPC, to one of the co-accused, Rajeev Kumar Rana, under IPC, Prize Chits and Money Circulation Scheme (Banning) Act, and IT Act (2000), in an alleged Rs. 9238 Crores Loan scam case. The accused has been asked to surrender within 4 weeks. The State moved the high court seeking cancellation of bail granted by the...
Supreme Court Dismisses Plea Challenging Anticipatory Bail Granted To Swami Avimukteshwaranand Saraswati In POCSO Case
The Supreme Court today refused to entertain a plea filed challenging the Allahabad High Court's March 25 order granting anticipatory bail to Swami Avimukteshwaranand Saraswati in the Prayagraj POCSO Case over alleged sexual abuse of minors.A bench comprising Justice MM Sundresh and Justice NK Singh heard the matter. Ashutosh Brahmachari, the first informant in the case, had filed the...
Presence Of Police Officer During Recording Of Section 164 CrPC Confession Renders It Inadmissible: Gauhati High Court
The Gauhati High Court has held that confessions recorded by a Judicial Magistrate under Section 164 CrPC in the presence of a police officer cannot be said to be voluntary and cannot be relied upon as substantive admissible evidence for recording conviction against the accused.A Division Bench of Justice Michael Zothankhuma and Justice Sanjeev Kumar Sharma observed, “In the present case,...
POCSO Act | Complete Penetration Or Rupture Of Hymen Not Necessary To Prove Penetrative Sexual Assault: Gauhati High Court Reiterates
The Gauhati High Court has upheld the conviction of a man under Section 6 of the POCSO Act, observing that penetrative sexual assault does not necessarily require complete penetration or rupture of hymen, and that the victim's testimony in the present case was sufficient to sustain the conviction.The Court was hearing a criminal appeal filed by one Satish Ray, challenging his conviction...