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The Supreme Court and the Law Commission on Section 309 IPC

Akanksha. On 11th September, a bench headed by Chief Justice of India SA Bobde made some remarks on Section 309, IPC which criminalises attempt to suicide. According to the bench, Section 115 of Mental Healthcare Act impacts Section 309 IPC. Section 115(1) reads as, "notwithstanding anything contained in section 309 of the Indian Penal Code… Continue reading The Supreme Court and the Law Commission on Section 309 IPC

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Need of the hour to relook at Section 65B, Indian Evidence Act: Supreme Court

Akanksha. While hearing the case of Arjun Panditrao Khotkar vs Kailash Kushanrao Gorantyal, the court held that the requirement of certificate under Section 65B (4) is a condition precedent to the admissibility of electronic evidence.  Justice V. Ramasubramaniam, giving a concurring judgment, said, "The major jurisdictions of the world have come to terms with the… Continue reading Need of the hour to relook at Section 65B, Indian Evidence Act: Supreme Court

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Supreme Court adjourns Journalist Vinod Dua’s plea on SG’s request, extends Interim Protection

Sushant Kumar. The Supreme Court, on Monday (July 20) adjourned the plea seeking for the quashing of an FIR filed against Journalist Vinod Dua, at the request of Solicitor-General Tushar Mehta, appearing on behalf of the Himachal Pradesh police. It has been listed for further hearing on the next Monday, July 27. Consequently, the Apex… Continue reading Supreme Court adjourns Journalist Vinod Dua’s plea on SG’s request, extends Interim Protection

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Sushant Kumar. A letter has been penned to Prof. (Dr.) Ranbir Singh, Chairperson of the Committee for Reforms in Criminal Laws and Vice Chancellor (NLU Delhi), raising strong objections to the constitution, processes employed by the Committee, lack of diversity and rushed timeline proposed. The letter has been written by a group of lawyers, activists,… Continue reading

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Kerala HC: Under S.173 CrPC, Police Can File Final Report Against One Accused And Conduct Further Investigation Against Others

Akanksha. The Kerala High Court held that it is absolutely permissible for the Investigation Officer to file the final report against one accused. He is not expected to wait till the other accused is arrested.  Justice Ashok Menon, while hearing the case, observed: "It is not possible to accede or subscribe to this extreme stand.… Continue reading Kerala HC: Under S.173 CrPC, Police Can File Final Report Against One Accused And Conduct Further Investigation Against Others

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Editors Guild Terms Registration of FIR against Supriya Sharma as Unjustifiable and Reprehensible

Sushant Kumar. The UP Police registered an FIR against The Scroll Executive Editor Supriya Sharma in relation to a report titled "In Varanasi village adopted by Prime Minister Modi, people went hungry during lockdown". Mala Devi, a resident of Varanasi's Domari village, complained that Sharma misrepresented her comments and that she has made fun of her… Continue reading Editors Guild Terms Registration of FIR against Supriya Sharma as Unjustifiable and Reprehensible

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SC Directs High Courts To Come Up With A ‘Plan Of Action’ To Address Long Pending Criminal Appeals

Akanksha. The Supreme Court while hearing a criminal appeal against an order of Allahabad High Court directed the High Courts of Uttar Pradesh, Rajasthan, Madhya Pradesh, Patna, Bombay and Orissa to submit their plan of action to address the long pendency of criminal appeals before them. Referring to the statistics of National Judicial Data Grid,… Continue reading SC Directs High Courts To Come Up With A ‘Plan Of Action’ To Address Long Pending Criminal Appeals

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SC grants Interim Protection to Journalist Vinod Dua in Sedition case, refuses to stay investigation

Sushant Kumar. The Supreme Court on Sunday (May 14, 2020) granted interim protection to journalist Vinod Dua until the next date of hearing in a case filed against him alleging sedition and perpetrating communal disharmony. The bench comprising Justices UU Lalit, MM Shantanagoudar and Vineet Saran issued notice to the Centre, Himachal Pradesh government and… Continue reading SC grants Interim Protection to Journalist Vinod Dua in Sedition case, refuses to stay investigation

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Allahabad HC grants Bail to Foreign Members of Tablighi Jamat, cites Equal Protection of Law

Akanksha. Justice Jaspreet Singh granted bail to 6 foreign members of Tablighi Jamaat who were the citizens of Kyrgyzstan. Highlighting the fact that the bail application of a foreigner and a citizen is on a same footing before the court of law, the court said, "The law does not permit any differentiation between Indian nationals… Continue reading Allahabad HC grants Bail to Foreign Members of Tablighi Jamat, cites Equal Protection of Law

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Can Anticipatory Bail order be reviewed under CrPC? Supreme Court issues Notice

Sushant Kumar. The Hon'ble Supreme Court has issued notice in a Special Leave Petition (SLP) filed against the order of the Gauhati High Court which asked the petitioner to show cause as to why his anticipatory bail be not cancelled. Ainul Hoque Molla, an accused in a cheating case, was granted anticipatory bail by the… Continue reading Can Anticipatory Bail order be reviewed under CrPC? Supreme Court issues Notice

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Directions Issued By Delhi HC To Make Sure That Victim Is Issued Notice In All Bail Proceedings Relating To POCSO Cases

Akanksha. A single bench of Justice Prathiba M Singh sensitised about the importance of issuing a notice to the victim/complainant/informant and its legal position. She emphasized that District Judges should inform all the presiding officers about the same. The order is a result of the criminal petition filed when hearing was not afforded to the… Continue reading Directions Issued By Delhi HC To Make Sure That Victim Is Issued Notice In All Bail Proceedings Relating To POCSO Cases

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Section 157 CrPC; Mere delay in forwarding FIR to the Magistrate not a ground for acquittal: SC

Sushant Kumar. Relying on the judgement in Jafel Biswal v State of West Bengal, the Supreme Court on May 26, 2020 reiterated that ‘mere delay in sending the report itself cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground’. The Supreme Court bench… Continue reading Section 157 CrPC; Mere delay in forwarding FIR to the Magistrate not a ground for acquittal: SC