SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court
2 years, 10 months ago

SC/ST Act | Victim's Request To Record Trial Proceedings Can't Be Dismissed Even If Sexual Offences Are Involved: Kerala High Court

Live Law  

The Kerala High Court has recently ruled that when a victim of offences under the Scheduled Castes and Scheduled Tribes Act makes a request to video record the trial proceedings, a court cannot turn it down even if sexual offences are involved. Justice Kauser Edappagath noted that Section 15A of the Act which permits video-recording of all proceedings is in consonance with Section 327 of CrPC which provides for in-camera trial in cases involving sexual offences since both of them were enacted to protect the interests of the victim. The prosecution had made a request before the Sessions Court to video-record the trial proceedings in a case under the SC/ST Act. As such, it was held that if a victim makes a request to video-record the court proceedings relating to the offences under SC/ST Act invoking Section 15A, it cannot be turned down on the ground that the offences charged against the accused involve sexual offences fall under Section 327 of Cr.P.C.

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History of this topic

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
2 months, 2 weeks ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community, and other relevant sections of IPC. The court sentenced 98 of them …

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment
2 months, 2 weeks ago

Karnataka Court Convicts 101 in Decade-Old Atrocities Case, Sentences 98 of Them to Life Imprisonment

Live Law  

A sessions court in Karnataka convicted 101 people in a decade-old case of atrocity against members of the Scheduled Caste community at Marakumbi village. The accused were charged under Section 3(1)(x) of the SC/ST Act, which deals with intentional insult or intimidation to people belonging to SC/ST community. They were also charged under Section 3(1)(xi) Act which deals with assault …

High Court Rules on Framing of Charges in NDPS Act Case
2 months, 3 weeks ago

High Court Rules on Framing of Charges in NDPS Act Case

Live Law  

The Kerala High Court has ruled that the framing of a charge by a Sessions Court having no jurisdiction to try the case does not affect the evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The court observed that even if the trial court did not frame fresh charges, there would …

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
4 months ago

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report under the stringent Scheduled Caste Scheduled Tribe Act, will be needed to be "video-recorded." In his September 3 order, Justice Marne noted that a division bench of the Bombay High Court has in the case of …

'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court
5 months, 4 weeks ago

'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court

Live Law  

The Kerala High Court has quashed the proceedings initiated against a man for allegedly making 'sexual gestures' degrading women's dignity, since disclosure of sexual gestures or acts was not discernible from the FIR, Final Report or other materials. It said, “If the sexual gestures or acts performed by the accused could not be discernible from the FIR, Final Report or …

Kerala High Court Issues Standard Operating Procedure For Attending Proceedings Through Video Conferencing
9 months, 3 weeks ago

Kerala High Court Issues Standard Operating Procedure For Attending Proceedings Through Video Conferencing

Live Law  

The Kerala High Court issued guidelines for attending court proceedings through Video Conferencing called Standard Operating Procedure. This shall be in addition to the existing Electronic Video Linkage Rules for Courts 2021.General Guidelines:VC links are provided on the official website of the High Court on the page showing the Cause list after the column, 'VC Request'. General Guidelines: VC links …

SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court
9 months, 3 weeks ago

SC/ST Act Proceedings Even If Held In Open Court Must Be Video Recorded: Bombay High Court

Live Law  

The Bombay High Court has clarified that it is mandatory to video record all proceedings, including bail proceedings, in cases under the Scheduled Castes and Scheduled Tribes Act, 1989. “It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes Act 1989 even though the proceedings are held in open court.Hearing of a bail …

Actor Assault Case: Kerala High Court Directs Sessions Judge To Provide Copy Of Inquiry Report On Memory Card Access To Survivor
10 months, 2 weeks ago

Actor Assault Case: Kerala High Court Directs Sessions Judge To Provide Copy Of Inquiry Report On Memory Card Access To Survivor

Live Law  

The Kerala High Court today directed the Ernakulam District and Sessions Judge to give the survivor in the actor sexual assault case, involving Malayalam actor Dileep, a copy of the report of fact-finding inquiry into the allegation that the memory card containing videos of the sexual assault had been accessed unauthorisedly.“This court never intended that the report should be treated. …

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court
11 months, 3 weeks ago

S. 273 CrPC | Witness Evidence Can Be Recorded Before Accused's Counsel, Even When Accused Exempted From Personal Appearance: Kerala High Court

Live Law  

In a recent decision by the Kerala High Court, a single judge bench of Justice Gopinath clarified that “evidence of witnesses can be recorded in the presence of the counsel for the accused even in situations where the court grants exemption from personal appearance to the accused even of a day”. The court examined Section 273 which states that, “Except …

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court
1 year ago

Recording of Prosecutrix's Testimony Through Two-Way Video Conferencing Not Adverse, No Denial Of Right To Fair Trial Of Accused: Delhi High Court

Live Law  

The Delhi High Court has observed that recording of testimony of a prosecutrix in sexual assault cases through “two-way video conferencing facility” is not adverse nor does it amount to denial of accused's right to fair trial or effective cross-examination. “This Court is of the view that the facility of video-conferencing through which the testimony of the prosecutrix can be …

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
1 year, 5 months ago

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court

Live Law  

The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders. “the present order does not speak that the notice was issued to the informant and he was heard in view of the …

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court
1 year, 7 months ago

SC/ST Act | Desirable To Outline Caste Related Utterances In FIR Or Chargesheet Before Subjecting Accused To Trial: Supreme Court

Live Law  

Before subjecting an accused to a trial for alleged commission of offence under Section 3 of the the Scheduled Castes and the Scheduled Tribes Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently. “Since section 18 of the SC/ST Act bars invocation of …

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
1 year, 10 months ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
1 year, 11 months ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act
2 years ago

"Private Civil Dispute Converted To Criminal Proceedings" : Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act

Live Law  

The Supreme Court, in a judgment yesterday, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes Act, observing that it amounted to abuse of process of law and Court.The bench of Justices M R Shah and Krishna Murari observed that the private civil dispute between the parties is converted into criminal proceedings.In this case,. The Supreme Court, …

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC
2 years, 1 month ago

Prosecution Can Be Allowed To Produce Evidence In Addition To Materials Submitted With Final Report If They're Necessary For Fair Trial: Kerala HC

Live Law  

The Kerala High Court has observed that the Court may permit the prosecution to tender such evidence which appears to be essential to decide the case in a just manner, even after the commencement of the trial. Justice A. Badharudeen observed that: It is true that the prosecution is duty bound to place all the evidence to be tendered along …

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC
2 years, 2 months ago

POCSO Act Prevails Over SC/ST Act; Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

Live Law  

The Kerala High Court has held that the Protection of Children from Sexual Offences Act, 2012 prevails over the Scheduled Tribes Act, 1989. When the Petitioner approached the High Court for bail, the Registry raised an objection that in view of the offences alleged under the SC/ST Act, an application for bail can be filed only before the Special Court …

S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC
2 years, 4 months ago

S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC

Live Law  

The Karnataka High Court has observed that mere production of call record details by the accused to show that he was not present at the time of occurrence of alleged incident, would not lead to closure of criminal proceedings by exercising powers under Section 482 of CrPC. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed …

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber
2 years, 5 months ago

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber

Live Law  

The Kerala High Court on Tuesday denied pre-arrest bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that a prima facie case under the Scheduled Castes and Scheduled Tribes Act was made out against him. Public Prosecutor Noushad K. A submitted that the benefit of …

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court
2 years, 10 months ago

SC /ST Prevention Of Atrocities Act Is Prospective In Nature, Act Committed Prior To Its Enactment Not An Offence: Karnataka High Court

Live Law  

The Karnataka High Court has held that the Scheduled Castes and Schedule Tribes Act 1989, is prospective in nature and alleged acts committed before its enactment cannot be an offence. It added, "The above apart, the alleged acts do not constitute an offence under the Scheduled Castes and Scheduled Tribes Act, 1989, which is prospective in operation, there being constitutional …

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
2 years, 11 months ago

Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea

Live Law  

The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 2 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
4 years, 1 month ago

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case

Firstpost  

Both the Kerala government and the survivor have alleged that the trial judge at Kerala High Court refused to record certain portions of the survivor’s testimony without any justification, despite repeated requests by the prosecutor. The government of Kerala will reach out to the Supreme Court to appeal against Kerala High Court’s dismissal of pleas to transfer the trial in …

[Breaking] No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution
4 years, 1 month ago

[Breaking] No Change Of Trial Judge In Actor Sexual Assault Case; Kerala High Court Dismisses Transfer Pleas Of Victim & Prosecution

Live Law  

The Kerala High Court on Friday dismissed the applications filed by the prosecution and the victim seeking to change the judge holding trial in the sensational actor sexual assault case of 2017. As regards the second instance that the judge did not stop the harassment of victim by the lawyers of the accused, the High Court observed that "it would …

Kerala Actor Assault Case: Prosecution Seeks To Stop Trial; Alleges Bias By Judge
4 years, 2 months ago

Kerala Actor Assault Case: Prosecution Seeks To Stop Trial; Alleges Bias By Judge

Live Law  

The sensational case relating to the abduction and sexual assault of a Malayalam film actor witnessed a dramatic twist on Thursday when the Prosecution sought to stop the trial proceedings, expressing no-confidence with the presiding judge.Stating that the conduct of the trial court is "highly biased" and "detrimental to the entire judicial system and to the entire prosecution", the. The …

Circulation Of Sexual Videos Online: SC Asks Centre To File Status Report On Meeting With Stakeholders
4 years, 10 months ago

Circulation Of Sexual Videos Online: SC Asks Centre To File Status Report On Meeting With Stakeholders

Live Law  

A Bench of the Supreme Court of India, comprising of Chief Justice of India, S.A. Bobde, and Justices B.R. Gavai and Surya Kant adjourned the matter with regard to mass circulation of videos containing sexual violence over internet-based messaging platforms.On Tuesday Advocate Aparna Bhat for the Petitioner informed the Bench that despite the setting up of a cyber police portal, …

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench
6 years, 9 months ago

SC Issues Guidelines to Prevent Abuse of SC/ST Act: Two-Judge Bench

Live Law  

The Supreme Court of India has issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act). These directions aim to ensure that the provisions of the SC/ST Act are not abused for extraneous considerations and that individuals are not arrested or prosecuted without proper authorization.

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