What is the meaning of the expression “person in custody”

Since the expression “custody” though used in various provisions of the Code, including Section 439, has not been defined in the Code, it has to be understood in the setting in which it is used and the provisions contained in Section 437 which relate to jurisdiction of the Magistrate to release an accused on bail under certain circumstances which can be characterised as “in custody” in a generic sense. The expression “custody” as used in Section 439, must be taken to be a compendious expression referring to the events on the happening of which the Magistrate can entertain a bail petition of an accused. Section 437 envisages, inter alia, that the Magistrate may release an accused on bail, if such accused appears before the Magistrate. There cannot be any doubt that such appearance before the Magistrate must be physical appearance and the consequential surrender to the jurisdiction of the Court of the Magistrate.… Read More What is the meaning of the expression “person in custody”

Sec 497 of IPC is struck down as unconstitutional with Sec 198(2) of Cr.P.C. in application for Adultery offence.

Joseph Shine vs Union of India, Supreme  Court declared section 497 IPC the law against adultery by men  to be unconstitutional
The apex court’s five-judge Constitution bench was unanimous in striking down Section 497 of the Indian Penal Code dealing with the offence of adultery, holding it as manifestly arbitrary, archaic and violative of the rights to equality and equal opportunity to women.

The issue:- Adultery undoubtedly is a moral wrong qua the spouse and the family. The issue is whether there is a sufficient element of wrongfulness to society in general, in order to bring it within the ambit of criminal law?

The status: -Under Section 497, it is only the male-paramour who is punishable for the offence of adultery. The woman who is pari delicto with the adulterous male, is not punishable, even as an abettor. The adulterous woman is excluded solely on the basis of gender, and cannot be prosecuted for adultery. Read the JUDGMENT
Govt Stand :-Centre favours the retention of penal law on adultery, says it is a public wrong which causes mental and physical injury to the spouse, children and the family.… Read More Sec 497 of IPC is struck down as unconstitutional with Sec 198(2) of Cr.P.C. in application for Adultery offence.

SC refused to interfere with the arrest of five activists by Maharashtra Police in Koregaon-Bhima violence case.

Accordingly, this writ petition is disposed of with liberty to the concerned accused to take recourse to appropriate remedy as may be permissible in law. The interim order passed by this Court on 29th August, 2018 shall continue for a period of four weeks to enable the accused to move the concerned court. The said proceedings shall be decided on its own merits uninfluenced by any observation made in this judgment, which is limited to the reliefs claimed in the writ petition to transfer the investigation to an independent Investigating Agency and/or Court-monitored investigation. The Investigating Officer is free to proceed against the concerned accused as per law. All the accompanying applications are also disposed of in terms of this judgment”. [Read the Judgment]… Read More SC refused to interfere with the arrest of five activists by Maharashtra Police in Koregaon-Bhima violence case.

SC modified 498A arrest direction and held Family Welfare Committee is impermissible

The court had in July last year directed the creation of Family Welfare Committees in every district, which would verify the allegations of dowry harassment received by the police or magistrate. The arrest of a person could only be made after the report of the committee is received, it had then said. Challenging the order … Read More SC modified 498A arrest direction and held Family Welfare Committee is impermissible

In one 156(3) Cr.P.C case police shall not arrest the accused without taking permission from magistrate

06-12-2001-Criminal Procedure Code, 1973 (CrPC) – Section 156 – Arrest of accused – Permissibility – If the police, after preliminary investigation, discover some reliable evidence of the involvement of accused in the offence and if the police require his arrest for the purpose of investigation, it would be open to the police to place the facts and material before the Magistrate, who will consider whether arrest on those facts and material would be necessary for the purpose of investigation or not, and accordingly issue or refuse to issue warrant of arrest.… Read More In one 156(3) Cr.P.C case police shall not arrest the accused without taking permission from magistrate

Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]

September 6, 2018:-SECTION 377of IPC-Homosexuality-It is declared that insofar as Section 377 criminalises consensual sexual acts of adults (i.e. persons above the age of 18 years who are competent to consent) in private, is violative of Articles 14, 15, 19, and 21 of the Constitution. It is, however, clarified that such consent must be free consent,… Read More Navtej Singh Johar & Ors. Vs. Union of India through Secretary, Ministry of Law and Justice [ALL SC 2018 September]