MINOR ACTS
Wrong Batch Numbers On Liquor Bottles Due To Labelling Error Can't Attract Illegal Transport Charge Under Excise Act: HP High Court
The Himachal Pradesh High Court has quashed criminal proceedings against the proprietor of a liquor bottling unit accused of illegally transporting Indian Made Foreign Liquor (IMFL), holding that transportation of 400 cases under a valid permit could not attract prosecution under Section 39 of the Himachal Pradesh Excise Act merely because some bottles bore incorrect batch numbers due to...
Rajasthan High Court Partly Allows Accused's Plea To Summon Document On POCSO Victim's Age, Says No Delay In Filing S.91 CrPC Plea
Rajasthan High Court has partly allowed a POCSO accused's plea challenging a trial court order which had rejected his application under Section 91 CrPC seeking production of the complainant's admission ticket issued by the Community Health Centre to determine her age. The trial court rejected the application on the ground that the cross-examination with regard to the age of the victim has...
Preliminary Assessment Or Problematic Estimation: Section 15 of Juvenile Justice (Care and Protection Of Children) Act, 2015
Seventy nine percent of juveniles in conflict with law apprehended in the year 2023 were in the age group of 16 years to 18 years[1]. This age bracket among the juveniles in conflict with law gains relevance not only due to overarching societal impact of the increased interaction of children with criminal justice system, but also due to the legal dichotomy laid down in The Juvenile Justice (Care and Protection of Children) Act, 2015, wherein juveniles belonging to the age group of 16-18 years...
Potency Test Conducted On POCSO Accused Without Consent Does Not Violate Right To Privacy Or Bodily Integrity : Kerala High Court
The Kerala High Court recently observed that potency test can be conducted on a man, who is accused in a criminal case, without his consent and it is not violative of Article 21 of the Constitution of India.Justice A. Badharudeen rejected the ground raised that the potency test conducted without informed consent violated his right to privacy and bodily integrity guaranteed under Article 21....
'Encounter Killings, Selective Crackdowns': Allahabad HC Slams UP Police Over Targeted Actions; Flags Misuse Of Gangsters Act
While quashing criminal proceedings initiated against 3 family members over a civil dispute, the Allahabad High Court on Wednesday delivered a scathing reprimand to the Uttar Pradesh Police for the targeted use of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.A bench of Justice Vinod Diwakar also flagged how the encounter killings and selective crackdowns...
NDPS Act| Vehicles Turn To Junk, Value Goes Down The Drain: P&H High Court Slams Idle Confiscation, Orders Release
The Punjab and Haryana High Court has ordered the release of a truck seized in an NDPS case on financial bonds, emphasizing that keeping vehicles idle for prolonged periods leads to deterioration, economic loss, and serves no useful purpose.Justice Anoop Chitkara and Justice Sukhvinder Kaur said, "...when any confiscated vehicle is kept out of use by placing it in a parking lot, it serves...
Madras High Court Upholds POCSO Conviction Relying On Child's DNA Report Despite Survivor Turning Hostile; Modifies Sentence To 20 Yrs
The Madras High Court has upheld the conviction of a man under POCSO Act for sexually assaulting a minor girl ultimately leading to pregnancy and wherein the trial court had relied on the child's DNA report to substantiate offence of penetrative sexual assault. The appellant claimed that neither the girl nor her parents supported the prosecution's case and the trial court had convicted...
Mere Assertion That Accused Opted For Search Before Gazetted Officer Does Not Establish Compliance With S.50 NDPS Act: J&K&L High Court
Holding that mere assertion that an accused opted to be searched before a Gazetted Officer does not by itself establish compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court of Jammu & Kashmir and Ladakh has observed that the prosecution must further prove through consistent and reliable evidence that the search was actually conducted before...
'Allegations Are Unpardonable': Karnataka High Court Refuses To Quash POCSO FIR Against Teacher Accused Of Sexually Assaulting Student
The Karnataka High Court on Thursday [June 4] declined to quash a POCSO case against a school headmaster accused of sexually assaulting a 15-year-old student, observing that the allegations levelled against him are 'unpardonable'.The single judge bench of Justice M. Nagaprasanna, hearing the quashing plea moved by the accused and asked him to seek discharge before the trial court. “…You...
POCSO | Success Of Protection Laws Depends On Child's Emotional Well Being: Madras High Court Moots State-Wide Sensitisation Programme
The Madras High Court recently highlighted that the true success of the child protection laws in the state rests not merely on the number of convictions secured, but on the overall well-being of the child and the sensitivity with which the institutions treat the child who comes into the justice system. “The true success of child protection jurisprudence will not be measured solely...
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...
