Bharatiya Nyaya Sanhita 2023 Archives

Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC

Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.

Case Briefs High Courts

‘Woman is considered as husband’s property and its devastating consequences is well documented in Mahabharata’; Delhi HC discharges man in adultery case

The Court stated that despite having example of Mahabharata to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the Supreme Court declared Section 497 of Penal Code, 1860 as unconstitutional in Joseph Shine v. Union of India, (2018) 2 SCC 189.

Case Briefs High Courts

Merely because suicide is committed in parental home and not matrimonial home, does not mean it is not a case of dowry death: Delhi HC dismisses bail application

The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.

Case Briefs High Courts

DNA report merely proves paternity, and it cannot by itself establish absence of consent: Delhi HC acquits a man convicted of rape

Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.

Case Briefs High Courts

‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

Case Briefs District Court

Gujarat Court grants anticipatory bail to Journalist Mahesh Langa in cheating case

Mahesh Langa is a senior journalist who is working for The Hindu as the Joint Editor. He is currently embroiled in controversy regarding an alleged GST fraud case.

Events/Webinars News

ICPS organises its 4th Training Programme on New Criminal Laws for Officials

The Institute of Constitutional and Parliamentary Studies organised the two-day training programme on New Criminal Laws for Officials of Ministries, Lok Sabha, Rajya Sabha and Legislative Assemblies.

Case Briefs High Courts

Will offence of forgery, fabrication, and filing of false affidavit, warrant lodging of complaint u/S. 340 CrPC? Delhi HC explains

“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”