Category: Criminal Law

A collection of Judgements which are related to Criminal Law by Supreme Court of India and Delhi High Court.

Misuse of Section 498-A of IPC by Women – Incriminating Innocent Persons

Section 498-A of Indian Penal Code was introduced with the aim of criminalising cruelty against women by their husband and his relatives, ensuring protection and justice for victims of domestic violence. However, an alarming trend has emerged where the provision is being misused by some women to settle personal scores with their husbands and relatives. This has led to a...

Adultery no longer Criminal Offence in India – Section – 497 of Indian Penal Code declared Unconstitutional

In a landmark judgement of Joseph Shine vs Union of India on 27 September, 2018 Hon’ble Apex Court declared Section 497 of Indian Penal Code as unconstitutional. Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution. Along with Section497, Section 198(2) of the Cr.P.C. which contains the procedure for prosecution under...

Directions on Cruelty – Dowry Demand and Misuse Of Section 498-A of Indian Penal Code

Main contention raised in this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of...

SUPREME COURT OF INDIA – THE COMPENSATION IS STILL RECOVERABLE IN A CHEQUE BOUNCE CASE BY THE COMPLAINANT EVEN THOUGH THE ACCUSED HAS SERVED THE DEFAULT SENTENCE

The question that arose before the Hon’ble Supreme Court of India was that what happens to the money receivable by the Complainant in the form of Compensation when the Accused undergoes jail term, in default of the compensation, under such circumstances is the Compensation still recoverable by the Complainant? The Hon’ble Supreme Court observes that that the gravity of offences...

SUPREME COURT OF INDIA – REGISTRATION OF FIR IS MANDATORY IF THE INFORMATION GIVEN TO THE POLICE DISCLOSES THE COMMISSION OF A COGNIZABLE OFFENCE

Date of Judgement: 06.01.2017 : What is necessary is only that the information given to the police must disclose the commission of a cognizable offence, in such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct...

DELHI HIGH COURT – A LIFE SENTENCE MEANS THE ACTUAL LIFE IMPRISONMENT FOR THE ENTIRE LIFE OF THE CONVICT

Delhi High Court Date of Judgement: 09.11.2016 Life sentence is not limited to either 14 years, or 20 years, or even 25 years. A life sentence means the actual life imprisonment for the entire life of the convict. The same may be curtailed by the State by premature release. However, that is the discretion of the State Government to be...

SUPREME COURT OF INDIA – WHETHER A PRIVATE PERSON CAN BE PERMITTED TO CONDUCT AND ENGAGE A PRIVATE COUNSEL IN SESSION COURT TRIAL AND MAGISTRATE COURT TRIAL OR NOT?

Supreme Court of India Date of Judgement: 06.09.2016 A private person can be permitted to conduct the prosecution in the Magistrate’s Court and can engage a counsel to do the needful on his behalf but as far as session trial is concerned the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other...