Category: Criminal

MCOCA vs UAPA

Supreme Court while considering the constitutionality of MCOCA insofar as it dealt with insurgency on the ground of want of legislative competence and repugnancy with UAPA a subsequent central enactment. While upholding […]

‘Love Jihad’ is not love but prominently religious and under the pretext of love, there are deceitful conversion: Kerala High Court

Inter-religious marriages, arising out of love affairs or otherwise, are to be recognized and promoted. To solemnize such marriages, there need not necessarily be any conversion of one party to the marriage from one religion to another. If a boy or girl believes that a marital union is not possible without the other party to love converting to his or her religion, it is his or her faith.

Escort Services- Legal Aspects

Prostitution means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind, and whether offered immediately or otherwise, and the expression ‘prostitute’ shall be construed accordingly. The word ‘promiscuous’,. it excludes intercourse which a person may have with a permanently kept concubine. The import of that word is that the woman or girl offering her body offers it for hire to anyone who desired it for sexual intercourse.

Taukir Alam vs The State Of West Bengal

This revisional application is hereby disposed of directing the learned Court below to accept a deposit of Rs. 10,000/- as cash by a local person submitting valid documents of his local residence. On depositing of said cash by local person as stated above, learned Court below should accept the same as a valid local surety as per rule.

Station bail

There is a system of granting bail by the police. It is called ‘Station bail’. In a bailable offence under section 436 Cr.P.C., the police is bound to release the accused on […]

Sagayam @ Devasagayam vs State

Court cannot demand production of property documents from the accused, surety. Nowhere in Section 436 or 437 or 439 or 438 Cr.P.C. or in Form No.45 appended to Schedule II to the Code of Criminal Procedure, 1973, production of property document, title deeds, etc. either by surety or by the accused has been contemplated.

Moral turpitude

 Supreme Court in Pawan Kumar v. State of Haryana and another, (1996) 4 SCC 17 and paragraph 12 of the decision is relevant for present purposes. The said paragraph was as under: […]

Furlough system

The Prisons Act, 1894. Section 3(5A) defines the term “furlough system” which means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in […]