Powers of Police under Section 498A IPC curtailed

Aug
10
2017


The Hon'ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to registration of FIR under Section 498A IPC:

-Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today.




Conviction cannot be based on the only circumstance of 'last seen together' #indianlaws

May
20
2016


A conviction cannot be based on the only circumstance of last seen together. Normally, last seen theory comes into play where the time gap, between the point of time when the accused and the deceased were seen last alive and when the deceased is found dead, is so small that possibility of any person other than the accused being the perpetrator of the crime becomes impossible.




Punishments should be proportionate to the nature and gravity of the offences#indianlaws

Sep
6
2015


In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing death sentence for anyone found guilty. The Apex Court held that just because the sentence of death is a possible punishment that may be awarded in appropriate cases cannot make it per se inhuman or barbaric. In the ordinary course and in cases which qualify to be called rarest of the rare, death may be awarded only where kidnapping or abduction has resulted in the death either of the victim or anyone else in the course of the commission of the offence. The Court answered that the provision of Section 364A was accordingly held to be constitutional, holding that assumed hypothetical situations cannot be brought to bear upon the vires of Section 364A. S




Complaint alleging breach of trust and cheating must convincingly prove entrustment and deception #indianlaws

Aug
1
2015


To constitute an offence punishable under Section 406 IPC, the essential ingredient is the “entrustment” of the property.  It is only after entrustment is shown, it can be said that there was criminal breach of trust. To constitute an offence punishable under Section 409 IPC, apart from entrustment, it is an essential requirement that it should be shown that the accused has acted in the capacity of a public servant, banker, merchant, factor, broker, attorney or agent.




Rights of convicts awarded with Death Penalty #indianlaws

Jun
21
2015


 The condemned prisoners also have a right to dignity and execution of death sentence cannot be carried out in an arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies.




Freedom of speech and expression not absolute in the context of obscenity #indianlaws

Jun
2
2015


Considering matter from the point of obscenity, contemporary community standards test is the main criterion and it has to be appreciated on the foundation of modern perception, regard being had to the criterion that develops the literature




Supreme Court comes down heavily against abuse of Section 498A of Indian Penal Code

Apr
22
2015


A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits.




Sentence in a criminal proceedings has to be fair to accused, victim and society

Apr
10
2015


It is the duty of the Court to award just sentence to a convict against whom charge is proved. While every mitigating or aggravating circumstance may be given due weight, mechanical reduction of sentence to the period already undergone cannot be appreciated. Sentence has to be fair not only to the accused but also to the victim and the society. It is also the duty of the court to duly consider the aspect of rehabilitating the victim. 




Victim’s plight cannot be ignored even when a crime goes unpunished for want of adequate evidence

Feb
1
2015


Order of sentence in a criminal case needs due application of mind. The Court has to give attention not only to the nature of crime, prescribed sentence, mitigating and aggravating circumstances to strike just balance in needs of society and fairness to the accused, but also to keep in mind the need to give justice to the victim of crime.




Arrest in dowry cases should not be an automatic outcome of complaint #indianlaws

Jul
10
2014


Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act




Can a Hindu Husband marry for the second time by embracing Islam? #indianlaws #marriagelaws

Mar
10
2014


The second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of Section 494 IPC.








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