Supreme court
Section 313 CrPC - Written Statement Of Accused Has To Be Considered In The Light Of Prosecution Evidence : Supreme Court
The Supreme, recently, observed that once a written statement is filed by the accused under Section 313(5) of the Code of Criminal Procedure, 1973 and the Trial Court marks it as exhibit, such statement must be treated as part of the statement of the accused under Section 313(1) read with Section 313(4) Cr.P.C."The written statement(under Section 313(5)) has to be considered in the light of...
Supreme Court Monthly Digest February 2023
SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw...
Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. A division bench of Justices Manoj Misra and Aravind Kumar, while issuing notice on an appeal,...
Mere Intimidation To Silence Kidnapped Child Victim Not Sufficient to Prove Threat To Life & Limb: Supreme Court
Merely intimidating a kidnapped child to stop him from shouting for help did not prove the ingredient of threat resulting in a reasonable apprehension that such person may be hurt or killed as required for sustaining a conviction under Section 364A (kidnapping for ransom, etc.) of the Indian Penal Code, said the Supreme Court last week. A division bench of Justices Sanjay Kishan Kaul...
Supreme Court Criminal Digest February 2023
Code of Criminal Procedure 1973; Section 432 – Remission - In determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. However, if the policy which was prevalent on the date of the conviction is subsequently liberalised to provide more beneficial terms, those should also be...
Supreme Court Upholds 'Change In Law' Compensation For Adani Power; Flays State DISCOMs For Taking A Stand Contrary To Union Govt
The Supreme Court has criticised the DISCOMS (Distribution Companies) for taking a stand contrary to that of the Union of India regarding grant of "Change in Law" compensation to power production companies.The Court made this observation while dismissing a petition filed by Maharashtra State Electricity Distribution Company Limited challenging the ‘Change in Law’ compensation granted by...
Compulsory Retirement Order Can Be Set Aside If It's Found To Be Punitive & Was Passed To Circumvent Disciplinary Proceedings : Supreme Court
The Supreme Court, on Friday, set aside an order passed by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, communicating the order of the President, to compulsorily retire a Gazetted Officer who was being considered for appointment as a Member (Accountant) of the Income Tax Appellate Tribunal.Holding the order of compulsory retirement to...
Courts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme Court
The Supreme Court recently highlighted that Courts should practise restraint while summoning government officials while hearing contempt cases.“This Court has repeatedly held that while it is open to the High court to come to any conclusion on the basis of the pleadings and materials available on record, it is not open to the Court to summon the appearance of the officials at the drop of...
Laws Needed To Address Fake News & Hate Speech In Social Media : Supreme Court Judge Justice S Ravindra Bhat
Supreme Court judge Justice S Ravindra Bhat has opined that laws are needed to tackle the proliferation of fake news and hate speech in the social media. There should be a legislation to address the issue and in its absence, there should be judicial intervention, said the judge while speaking at the Harvard India Conference last month.He said that the rapid proliferation of media via the...
Supreme Court Turns Down Plea For 50% Women Reservation In National Defence Academy
The Supreme Court has refused the plea of an aspirant to reserve fifty per cent of seats in the National Defence Academy for women. While noting that although the candidate had not secured the qualifying marks in her category, but in ‘overall merit’ would have obtained more marks than some of the male candidates admitted to the military academy, a division bench of Justices Sanjay...
Sex With Minor Wife : Supreme Court Acquits Husband Of Rape Relying On Exception 2 To Sec 375 IPC
The Supreme Court recently acquitted a man who was convicted for the offence of rape for sexual intercourse with his minor wife by relying on Exception 2 to Section 375 of the Indian Penal Code, which exempts marital rape from punishment if the wife was aged above 15 years.A bench of Justices B.R. Gavai and Sanjay Karol was considering an appeal that had arisen out of a conviction under...