Delhi High Court: Annual Digest 2021

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates of the Delhi High Court. This yearly digest includes 180 orders and judgments, divided into 25 different subject heads.Criminal Law1. Commuting Life Sentence: Consent Of Central Govt. Mandatory U/S 435 CrPC, But Centre Can't Deny It Without Application Of Mind [Kartik Subramaniam v. Union of India]The High Court held that "consent" of the Central Government is a pre-requisite for premature release of a prisoner under Section 435 of CrPC. The provision prohibits the State Government to exercise powers conferred under Sections 432 (Power to suspend or remit sentences) and 433 (Power to commute sentence) of the CrPC in certain cases where the investigation was conducted by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, or by any other agency empowered to investigate into an offence under any Central Act other than, except after 'consultation' with the Central Government.2. Delhi High Court Upholds Conviction U/S 377 IPC; Sets Out Ingredients Of 'Carnal Intercourse Against Order Of Nature' [Kamal v. State]The High Court observed that any physical act answering to all the ingredients below committed upon a minor is per-se 'carnal intercourse against the order of nature' appearing in section 377 of IPC: i. it must have to do with flesh and sensuality, namely it must be carnal;ii. there must be intercourse between individuals, without restricting it only to human-to-human intercourse;iii. it must involve penetration other than penile-vaginal penetration, since by the very nature, intent and purpose of section 377, it must refer to an unnatural act, such as 'penile-anal penetration', 'digital penetration' or 'object penetration'. 3. Arrest On Mere Allegations Has Potential To Destroy Reputation Of An Individual, Necessary To Apply Great Care At Pre-Conviction Stage: Delhi HC [Radhe Shyam v. State]The High Court observed that the arrest of a person based on mere allegations has the potential to destroy his reputation and thus it is necessary to apply great care while dealing with arrest at a pre-conviction stage. The Court observed so while granting anticipatory bail to one Radhe Shyam in an FIR filed by a woman working in the HR department of his company alleging that he induced and pressurize her and other female employees to have physical relations with him.4. Non Recovery Of Weapon Is No Ground For Not Framing Charges Under Robbery Or Dacoity Under Section 397 Of IPC: Delhi High Court [State v. Hassan Ahmed]The High Court observed that the fact that a weapon has not been recovered is no ground for not framing charges under Section 397 IPC which provides for the offence of committing robbery, or dacoity with attempt to cause death or grievous hurt to a person. It added that the effect of non recovery of the weapon would be seen only in the trial and the same cannot be a reason for not framing charges under Section 397 IPC.5. At The Time Of Framing Of Charges, Accused Can Bring To Court's Notice About Relevancy Of Document Kept Back By Investigating Agency : Delhi HC [CBI v. M/S INX Media Pvt Ltd. & Ors.]The High Court observed that at the time of framing of charge, an accused can bring to the notice of the Court that an unrelied document recovered during the course of investigation and kept back by the investigating agency is relevant and has a bearing on the prosecution case. Since the accused can exercise such right only if he is aware of the existence of the document, he should have the right to access and inspect the documents collected by the investigating agency. 6. Economic Offences Corrode Fabric Of Democracy, Against National Economy And National Interest: Delhi High Court [Umesh Verma v. State]The High Court observed that economic offences corrode the fabric of democracy and are against the national economy and national interest of the Country where innocent investors are duped of their hard earned money. The observation came while the Court denied bail to a man accused in a crypto currency chit fund scam for allegedly inducing people to invest in the crypto currency in his firm on the assurance of high return upto 20-30% per month.7. Damocles Sword Can't Be Hanged Over Accused's Head Merely On Assumption That Proceeds Of Crime May Be Higher: Delhi High Court [Ankit Agarwal v. ED]The High Court observed that while considering bail, damocles sword cannot be allowed to hang over the accused's head merely on the assumption that the proceeds of crime may be higher. The Court observed so while granting anticipatory bail to a man in connection with a money laundering case registered by the Enforcement Directorate, related to the alleged fertilizers scam.8. Trial Court's Direction Of Obtaining Fresh Blood Sample Of Accused Does Not Amount To Further Investigation: Delhi High Court [Ramu Udagar Mahto v. State]The High Court observed that a Trial...

Delhi High Court: Annual Digest 2021

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Delhi High Court: Annual Digest 2021

Nupur Thapliyal & Akshita Saxena

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