Category: Criminal Law

SUPREME COURT OF INDIA – WHETHER CONSENSUAL SEX WITHOUT ANY DELIBERATION ABOUT MARRIAGE IS WITHIN THE DEFINITION OF RAPE?

Supreme Court of India Date of Judgement: 06.01.2016 The Supreme Court has observed that if no deliberation about marriage between the prosecutrix and the accused took place before the alleged sexual contact which was consensual, it cannot be said that the consent has been given under misconception of marriage, while acquitting the accused from all the charges against him. In...

SUPREME COURT OF INDIA – COMPACT DISKS (CDS) ARE DOCUMENTS, CAN BE CONSIDERED AS EVIDENCE UNDER LAW

Supreme Court of India Date of Judgement: 24.11.2015 The Supreme Court of India has allowed compact discs (CDs) to be treated as a document under the law and said that the litigants should be allowed to prove or disprove such electronic proof in judicial proceedings. This appeal is directed against order passed by the High Court of Punjab and Haryana...

SUPREME COURT OF INDIA – MATRIMONIAL DISPUTES – CODE OF CRIMINAL PROCEDURE SECTION 41 – INDIAN PENAL CODE SECTION 498-A AND DOWRY PROHIBITION ACT SECTION 4 – ANTICIPATORY BAIL AGAINST ARREST – PROVISIONS ARE USED AS WEAPONS RATHER THAN TOOL OF LAW

Supreme Court of India Date of Judgement: 02.07.2014 Supreme Court of India-Matrimonial Disputes-Code of Criminal Procedure Section 41 – Indian Penal Code Section 498-A  and Dowry Prohibition Act Section 4- Anticipatory bail against arrest – provisions are used as weapons rather than tool of law – attitude to arrest first and then proceed with the rest is despicable – it has...

DELHI HIGH COURT – BAILABLE OFFENCE & DECLARATION OF PROCLAIMED OFFENDER UNDER SECTION 82 & 83 OF CR.P.C & SECTION 174A OF INDIAN PENAL CODE

Delhi High Court Date of Judgement: 22.05.2014 The brief facts of the case are that the petitioner/ complainant lodged FIR under Sections 325/34 IPC and Vide order dated 09.12.2010, learned Metropolitan Magistrate, Delhi issued process under Section 82 Cr.P.C. against Respondent No. 2 and directed for publication in one leading newspaper having circulation in the concerned area. The Respondent No....

SUPREME COURT OF INDIA – NON BAILABLE WARRANTS CAN NOT BE ISSUED UNLESS AN ACCUSED IS LIKELY TO TAMPER THE EVIDENCE OR IS LIKELY TO EVADE THE PROCESS OF LAW

Supreme Court Of India Date of Judgement: 16 August 2013 There cannot be any straight-jacket formula for issuance of warrants but as a general rule, unless an accused is likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non-bailable warrants should be avoided. …. This could be when firstly it is...

SUPREME COURT OF INDIA – CODE OF CRIMINAL PROCEDURE SECTION 311 – THE FOLLOWING PRINCIPLES WILL HAVE TO BE BORNE IN MIND BY THE COURTS

Supreme Court of India Date of Judgement: 4 July 2013 While dealing with an application under Section 311 Cr.P.C. read along with Section 138 of the Evidence Act, we feel the following principles will have to be borne in mind by the Courts: a) Whether the Court is right in thinking that the new evidence is needed by it? Whether...