What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her SEX. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute associated with female human beings […]
Month: September 2018
The circumstance of last seen together does not by itself and necessarily lead to the inference that it was the accused who committed the crime. There must be something more establishing connectivity between the accused and the crime. There may be cases where on account of close proximity of place and time between the event of the accused having been last seen with the deceased and the factum of death a rational mind may be persuaded to reach an irresistible conclusion that either the accused should explain how and in what circumstances the victim suffered the death or should own the liability for the homicide. In the present case there is no such proximity of time and place
Admittedly the prosecutrix was already a married lady and, therefore, it was not necessary that some external or internal injuries should have been found on her person. No doubt, it is true that doctor could not give any definite opinion with regard to commission of offence, but, it was not the case of the appellants that they had not committed […]
In V.D. Bhanot Vs. Savita Bhanot, In the said case, this Court held as follows: 12. We agree with the view expressed by the High Court that in looking into a complaint u/s 12 of the PWD Act, 2005, the conduct of the parties even prior to the coming into force of the PWD Act, could be taken into consideration […]
Section 377 of Indian Penal code, so far as it criminalises even consensual sexual acts between competent adults, fails to make a distinction between non-consensual and consensual sexual acts of competent adults in private space which are neither harmful nor contagious to the society Section 377 of the Indian Penal Code has been declared unconstitutional by reversing a division bench […]
September 05, 2018. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation,? In State of Maharashtra & Ors. Vs. Tasneem Rizwan Siddiquee 5/11/2020 This issue has been considered in the case of Saurabh […]
N. Radhakrishnan @ Radhakrishnan Varenickal VS Union of India and others
In the facts and circumstances of this case’ the punishment of three year imprisonment imposed by the Trial Court under Section 330 of IPC’ would be grossly insufficient and disproportional. We deem it appropriate to increase the term of sentence to maximum imposable period under Section 330 of IPC i.e.’ seven years of rigorous imprisonment’ while maintaining the fine imposed […]
ACT NO. 20 OF 1969 [25th July, 1969] An Act to provide for the abolition of the Legislative Council of the State of West Bengal and for matters supplemental, incidental and consequential thereto. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:– 1. Short title and commencement.- (1)This Act may be called the […]
THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 CHAPTER IV Punishment For Terrorist Activities 15. (1) Terrorist act. Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, [economic security,] or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in […]
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