Failure To Inform Jurisdictional Magistrate About Direction To Freeze/Seize Bank Account Can Invalidate It's Freezing: Kerala High Court

The Kerala High Court has held that the failure to inform the Magistrate about the seizure/freezing of a person's bank account can have a negative impact on the validity of the seizure. The court made these observations while hearing a plea challenging the freezing of a person's bank account and directed the police to inform the concerned bank whether the requirements of Section 102 CrPC had...

Kerala HC Directs State To Place Entire Justice Hema Committee Report Before It In Sealed Cover, Suo Moto Impleads Women's Commission

The Kerala High Court has directed the State Government to make available the entire Justice Hema Committee Report, including the redacted portions before the Court in a sealed cover. The Court also suo moto impleaded the Kerala State Women's Commission.The Court passed the above order while considering a Public Interest Litigation seeking to initiate criminal proceedings against offenders...

For Offences Relating To Marriage, Magistrate Can Only Take Cognizance On A Complaint By The Aggrieved Person: Kerala High Court

The Kerala High Court has recently held that for offences relating to marriage under the Indian Penal Code (IPC), the Magistrate if he intends to take cognizance, can do so only on the original complaint of the aggrieved person even if the police had filed a final report.For context under Section 198, Code of Criminal Procedure (CrPC), a Court can take cognizance of an offence under IPC...

Kerala HC Calls For Forest Officials' Report On Measures To Ensure National Parks, Wildlife Sanctuaries And Tiger Reserves Are Plastic-Free

The Kerala High Court has sought a detailed report from the forest officials regarding the requirement to ban the use of plastic in forests, national parks, wildlife sanctuaries and tiger reserves in the State. The report should also contain measures which can be taken to ensure that these areas remain non-plastic zones to protect the flora and fauna.A Division Bench of Justice A....

PIL In Kerala HC Seeks Criminal Proceedings Against Those Accused Of Sexual Offences Against Actresses Based On Justice Hema Committee Report

A public interest litigation has been filed before the Kerala High Court seeking a direction to the Director General of Police to initiate criminal proceedings against the offenders who committed sexual offences against women in the film industry based on the Justice Hema Committee Report.The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced...

Kerala High Court Allows Wife To Extract And Cryopreserve Critically-Ill, Hospitalised Husband's Gametes

The Kerala High Court recently passed an interim order permitting the wife to extract and cryopreserve gametes of her husband who is unable to give written informed consent and is hospitalized in critical condition.The issue arose since the husband who is in critical medical condition is unable to give written informed consent mandated under Section 22 of The Assisted Reproductive...

Kerala High Court Stays Proceedings Against Woman Booked For Facebook Post Criticizing CM Distress Relief Fund For Wayanad Landslide

The Kerala High Court today stayed the proceedings initiated against a woman for allegedly posting a Facebook post criticizing the Chief Minister Distress Relief Fund collected for the victims of the Wayanad landslides.On July 03, 2024, Mathrubhumi published a picture showing that Chief Minister Pinarayi Vijayan's grandson donated money towards the Chief Minister Distress Relief Fund...

Agreement To Withdraw Prosecution In Rape Case Is Opposed To Public Policy: Kerala High Court Declines To Quash Proceedings

The Kerala High Court held that an agreement entered between the complainant and accused to withdraw prosecution in an offence of rape is void in the light of Section 23 of the Indian Contract Act.As per Section 23 of the Contract, if the court regards that the object of an agreement is opposed to public policy, the agreement is void. Here the Court held that the agreement will stifle...

"No Fundamental Right To Demand Laws Titled In Familiar Languages": Kerala HC On 'Hindi' Names Of New Criminal Laws

The Kerala High Court dismissed a Public Interest Litigation filed by a lawyer challenging the Hindi titles given to the new criminal laws, The Bharatiya Nagarik Suraksha Sanhita, The Bharatiya Nyaya Sanhita and The Bharathiya Sakshya Adhiniyam.The Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu observed that citizens have no fundamental right to demand...

Kerala Govt Land Assignment Act | Assignee Bound By Restrictions & Limitations Prescribed In 'Patta' Or Other Assignment Documents: High Court

The Kerala High Court held that the assignee of Government land is bound by restrictions, limitations and conditions prescribed in the patta or other documents of assignment as per the provisions of the Land Assignment Act and rules made thereunder. The petitioner obtained land from the government under the Kerala Government Land Assignment Act, 1960. She is aggrieved by the order of...

A Person Cannot Be Prosecuted For Consumption Of Narcotic Drug On The Basis Of Smell Of His Breath: Kerala High Court

Kerala High Court has held that a person cannot be booked for consuming narcotic drug on the basis that the investigation officer smelt the substance from his breath. The Court observed that if it is allowed, a situation will arise where the investigating officer can prosecute anyone as an accused under Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). It was noted that...

[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea

The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case.The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. Justice A. Badharudeen observed that the...