Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]
8 years, 9 months ago

Judges should not disclose the victim’s names in judgments in sexual assault cases: Delhi HC [Read Judgment]

Live Law  

The High Court of Delhi on Wednesday rapped the lower Court Judges for having disclosed the name of the victim of sexual assault in the judgments passed by them.“Before parting with the case, it is noted that in the impugned judgment dated 21.10.2013 name of the prosecutrix / victim has been disclosed / mentioned. The High Court of Delhi on Wednesday rapped the lower Court Judges for having disclosed the name of the victim of sexual assault in the judgments passed by them. “Before parting with the case, it is noted that in the impugned judgment dated 21.10.2013 name of the prosecutrix / victim has been disclosed / mentioned. The Trial Court was not expected to indicate the victim’s name in the judgment… Learned Presiding Officers must avoid disclosing identity of the victim / prosecutrix in such cases in the judgment to protect her reputation,” Justice S.P.

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History of this topic

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court
2 weeks, 1 day ago

State Authorities Must Maintain Anonymity Of Victim In Cases U/S 376 Or POCSO Act: J&K High Court

Live Law  

The Jammu and Kashmir High Court has directed the Registry to immediately redact a prosecutrix/victim's name from the identified pages and any other additional pages flagged by the prosecution in a criminal case. The court ordered that police, forensic science laboratories, and medical professionals examining the prosecutrix must ensure that the name of the prosecutrix is not to be given …

Delhi High Court Refuses To Quash 2016 FIR Against Former DCW Chief Swati Maliwal For 'Naming' 14-Yr-Old Rape Victim
1 month ago

Delhi High Court Refuses To Quash 2016 FIR Against Former DCW Chief Swati Maliwal For 'Naming' 14-Yr-Old Rape Victim

Live Law  

The Delhi High Court has recently refused to quash FIR registered in 2016 against Rajya Sabha MP and former Delhi Commission for Women Chief for allegedly revealing the identity of a 14-year-old rape victim. Justice Neena Bansal Krishna refused to quash the FIR which was initially registered for the offence under Section 228A of Indian Penal Code, 1860, which prohibits …

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court
1 month, 1 week ago

Courts Must Avoid Disparaging Remarks Which Lower Credibility Of Investigating Authority: Delhi High Court

Live Law  

The Delhi High Court has observed that the use of scathing and disparaging remarks which tend to lower the credibility of the investigating authority ought to be avoided by the courts.Justice Amit Mahajan said that strong criticism and vituperative remarks, may have a devastating impact on the reputation and career of police officials which are not only unnecessary but also …

Sexual assault survivors' names should remain confidential: Kerala High Court
1 month, 3 weeks ago

Sexual assault survivors' names should remain confidential: Kerala High Court

India Today  

The Kerala High Court ruled it was improper to disclose the names of survivors in sexual assault cases, even if the complainants consented to it. Easwar had filed an anticipatory bail application seeking protection from police action after an actress warned of filing a complaint against him for making comments about her clothing choices. The High Court disposed of the …

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case
2 months, 1 week ago

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

Live Law  

The Supreme Court, observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. But nevertheless when a person can be convicted on the testimony of a single witness the Courts are bound to be very careful in examining …

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case
2 months, 3 weeks ago

'Fictitious Evidence': Rajasthan Court Acquits Suspended Judicial Officer, His Clerks In Minor Boy Sexual Assault Case

Live Law  

A special POCSO Court in Rajasthan's Bharatpur district last week acquitted suspended judicial officer Jitendra Singh Guliya and his two clerks in connection with a case lodged against them on the allegations of repeatedly sodomising, sexually assaulting a minor boy and also threatening his family members of implicating them in false cases. The Court also took into account the discrepancies …

Delhi court directs police to take action against woman for false rape complaint
7 months, 3 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

Judicial officers should not identify rape victims during trial: Orissa High Court
11 months, 2 weeks ago

Judicial officers should not identify rape victims during trial: Orissa High Court

New Indian Express  

CUTTACK: Expressing serious displeasure over disclosure of identity of a minor rape victim in the deposition sheet at a trial court, a single judge bench of the Orissa High Court has directed the Registry, with the permission of Chief Justice, to circulate his judgment specifying the norms among the subordinate judiciary while dealing with such cases. The single judge bench …

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge
1 year ago

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge

Live Law  

The Delhi High Court has expressed concern over the conduct of a trial court judge here who “suggested and assisted” the accused and victim to settle a rape case during recording of prosecution evidence.Justice Swarana Kanta Sharma directed that the case be tried by another judge, to ensure that justice should not only be done but The Delhi High Court …

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, 3 months 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 …

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution
1 year, 3 months ago

Can't Prosecute Magistrate U/S 228-A IPC For Inadvertent Omission To Anonymize Rape Victim's Details: Kerala HC Emphasizes Judicial Caution

Live Law  

In a significant ruling, the Kerala High Court held that a Magistrate cannot be prosecuted under 228-A IPC on an inadvertent omission to anonymize the name and details of the victims based on an analysis of Section 228-A and the Judges Act, 1985. “This Court, therefore, suggests that, in matters like this, wherever petitions are filed by or against victims …

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity
1 year, 3 months ago

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity

Live Law  

The Kerala High Court on Wednesday passed an interim order directing the Registry to remove name and details of a lady published on the court's website in connection with a matrimonial appeal, as it affected her reputation and dignity. Action in this regard shall be intimated to this Court in due course.” The petitioner, a well-known dentist in the Middle …

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court
1 year, 7 months ago

Rape Survivor's Testimony Not To Be Discredited For Delayed Disclosure If Otherwise Reliable: Kerala High Court

Live Law  

The Kerala High Court recently observed that the evidence provided by a prosecutrix under Section 376 IPC should not be discredited merely because the sexual abuse began when she was a child but she did not disclose it until she was much older. A Division Bench of Justice P.B Suresh and Justice C.S Sudha added that the credibility of the …

Delhi HC to examine which court would hear minor wrestler’s sexual harassment plea against WFI chief
1 year, 9 months ago

Delhi HC to examine which court would hear minor wrestler’s sexual harassment plea against WFI chief

The Hindu  

The Delhi High Court on Tuesday issued notices to its Registrar General, the city government and the city police to decide which court will hear the plea of a minor wrestler, who has accused Wrestling Federation of India President Brij Bhushan Sharan Singh of sexual harassment. Earlier, a trial court here had issued notices on the plea by wrestlers who …

Delhi High Court Directs Registry To Ensure Confidentiality Of Victims Of Sexual Offences
1 year, 11 months ago

Delhi High Court Directs Registry To Ensure Confidentiality Of Victims Of Sexual Offences

Live Law  

The Delhi High Court has issued directions to its Registry for ensuring that anonymity and confidentiality of the prosecutrix or victim or survivor of sexual offences is strictly maintained in the filings. “Since redaction of the identifying particulars of the prosecutrix/victim/survivor from the FIR, chargesheet, proceedings before the trial court and other similar records, is the duty and obligation of …

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court
2 years ago

Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court

Live Law  

The Delhi High Court on Monday said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored. Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance …

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover
2 years, 1 month ago

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover

Live Law  

The Aurangabad bench of Bombay High Court has directed the investigation agencies and trial courts to ensure that the identity of a rape victim is not disclosed even in the charge sheet.A division bench of Justice Vibha Kankanwadi and Justice Abhay S. Waghwase noted that the principal seat at Bombay has directed that photos showing the victim should be filed …

Sexual Harassment Allegations Against Ex-Judge : Supreme Court Asks If It Is Necessary To Go On With Defamation Suit
2 years, 2 months ago

Sexual Harassment Allegations Against Ex-Judge : Supreme Court Asks If It Is Necessary To Go On With Defamation Suit

Live Law  

While hearing a petition moved by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court, the Supreme Court, on Monday, raised a query whether it is necessary to go on with the defamation suit. The former judge had filed the defamation suit against the woman in …

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify
2 years, 3 months ago

Whether Victims Of Sexual Offences Required To Be Impleaded As Party-Respondent In Bails And Appeals? Delhi High Court Asks Registry To Clarify

Live Law  

The Delhi High Court has asked its Registry to clarify whether there is any judicial decision or practice directions that require impleadment of victims or prosecutrix as a respondent in bails or criminal appeals relating to sexual offences under the IPC or POCSO Act. Justice Anup Jairam Bhambhani said the identity of victim or prosecutrix is supposed to be protected …

BREAKING: DELHI HIGH COURT PASSES SPLIT VERDICT ON CRIMINALIZING #MARITAL RAPE
2 years, 10 months ago

BREAKING: DELHI HIGH COURT PASSES SPLIT VERDICT ON CRIMINALIZING #MARITAL RAPE

Live Law  

The Delhi High Court will pronounce the judgment TODAY on a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.A bench of Justice Rajiv Shakdher and Justice C Hari Shankar pronounced the judgment after reserving the orders on …

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records
2 years, 11 months ago

'Redact Names In Pleadings, File Affidavits In Sealed Covers' : Calcutta HC Issues Directions To Ensure Anonymity Of Victims Of Sexual Offences In Court Records

Live Law  

The Calcutta High Court on Monday issued practice directions in order to ensure that the identity of victims of sexual offences including minor victims under the POCSO Act are not disclosed in the pleadings and other records of the Court.The directions were issued while adjudicating upon an appeal filed challenging an order of conviction under Section 6 of the POCSO …

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation
3 years, 7 months ago

Trial Court "Failed In Its Duty" To Refer Rape Victim To Compensation Scheme: Delhi HC Directs DSLSA To Award Compensation

Live Law  

The Delhi High Court on Thursday upheld the order of conviction and sentence of a man for the offences of rape and stalking, after observing that the prosecutrix's testimony not only inspired confidence but was reliable, consistent and admissible.It noted however, that the Trial Court "failed in its duty" to refer the victim to the Delhi Victims Compensation Scheme, 2018 …

Name Of Victim In Sexual Offences Shall Not Be Mentioned In Any Proceedings, Subordinate Courts Shall Be Careful: Supreme Court
3 years, 8 months ago

Name Of Victim In Sexual Offences Shall Not Be Mentioned In Any Proceedings, Subordinate Courts Shall Be Careful: Supreme Court

Live Law  

A three-judge Bench of Supreme Court comprising of Justice Ashok Bhushan, Vineet Saran and M.R. Section 228 reads as follows: "Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offense under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have …

Promiscuous, immoral: When judges slammed women in sexual assault cases
3 years, 9 months ago

Promiscuous, immoral: When judges slammed women in sexual assault cases

India Today  

The Mapusa District and Sessions Court in Goa acquitted former editor-in-chief of Tehelka magazine, Tarun Tejpal of all charges in a case of alleged sexual assault. Here are some examples: Upper caste men don’t rape lower caste women: Rajasthan court The Bhanwari Devi case of Rajasthan is one of the most debated trials involving sexual assault. The high court judge …

HC Issue Notices to Delhi Govt, FB, Twitter, Media Houses for Disclosing Rape Victim's Identity
4 years, 2 months ago

HC Issue Notices to Delhi Govt, FB, Twitter, Media Houses for Disclosing Rape Victim's Identity

News 18  

The Delhi High Court Friday sought responses of Delhi government, Twitter, Facebook, YouTube and several media houses on a plea seeking action against them for allegedly disclosing the identity of rape victims, including in the Hathras gang rape case. The petition has sought direction to the Delhi government to ask the social media platforms and media houses to take down …

Kerala govt to move SC after HC dismisses plea to transfer trial against Dileep in sexual assault case
4 years, 3 months 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 …

Delhi court likely to pronounce judgment in Muzaffarpur shelter home rape cases on Friday; ex-MLA Brajesh Thakur key accused
5 years, 3 months ago

Delhi court likely to pronounce judgment in Muzaffarpur shelter home rape cases on Friday; ex-MLA Brajesh Thakur key accused

Firstpost  

The judgment in the case of alleged sexual and physical assault of several girls at a shelter home in Muzaffarpur is expected tomorrow New Delhi: A Delhi court is likely to pronounce on Thursday its judgment in the case of alleged sexual and physical assault of several girls at a shelter home in Muzaffarpur, which was run by former Bihar …

Muzaffarpur shelter home case: Delhi court likely to pronounce verdict today; accused charged with conspiracy to commit rape, sexual assault
5 years, 4 months ago

Muzaffarpur shelter home case: Delhi court likely to pronounce verdict today; accused charged with conspiracy to commit rape, sexual assault

Firstpost  

A Delhi court will likely pronounce its judgement on Thursday in an alleged case of sexual and physical assault on several girls at a shelter home in Muzaffarpur, Bihar New Delhi: A Delhi court will likely pronounce its judgement on Thursday in an alleged case of sexual and physical assault on several girls at a shelter home in Muzaffarpur, Bihar. …

Delhi court records statement of judicial magistrate of Unnao, another witness in rape case against Kuldeep Singh Sengar
5 years, 5 months ago

Delhi court records statement of judicial magistrate of Unnao, another witness in rape case against Kuldeep Singh Sengar

Firstpost  

The Unnao Disritct Magistrate had recorded the statement of the survivor’s mother in an incident of alleged gang rape of the survivor, which took place on 11 June, 2017 New Delhi: A Delhi court recorded the statement of judicial magistrate of Unnao and another person in the case of alleged kidnapping and rape of a minor girl by expelled BJP …

Unnao rape case: Delhi High Court allows holding of court at AIIMS to record survivor's statement
5 years, 6 months ago

Unnao rape case: Delhi High Court allows holding of court at AIIMS to record survivor's statement

Firstpost  

The Delhi High Court Friday approved recording of statement of the Unnao rape survivor at the trauma centre of All India Institute of Medical Science. New Delhi: The Delhi High Court on Friday approved recording of statement of the Unnao rape survivor at the trauma centre of All India Institute of Medical Science. The notification said that Chief Justice DN …

Unnao rape case: Delhi court records statement of rape survivor's uncle
5 years, 6 months ago

Unnao rape case: Delhi court records statement of rape survivor's uncle

India Today  

A Delhi court on Wednesday recorded the statement of the Unnao rape survivor's uncle in the case in which expelled BJP MLA Kuldeep Sengar is a key accused. The uncle of the Unnao rape survivor had been transferred to the Tihar jail in Delhi from prison in Uttar Pradesh to ensure his safety. The Supreme Court had transferred four criminal …

Unnao rape: Delhi court restrains media from reporting names, addresses of survivor, family, witnesses
5 years, 7 months ago

Unnao rape: Delhi court restrains media from reporting names, addresses of survivor, family, witnesses

India Today  

A Delhi court on Wednesday directed the media to abstain from reporting names and address of the Unnao rape survivor, her family and witnesses and certain other aspects of the case. During the proceedings, senior Public Prosecutor Ashok Bhartendu, appearing for CBI, said the statement of the rape survivor, recorded by the court, should be relied upon in this case …

SC bars disclosure of identity of rape victims, even after death
6 years, 3 months ago

SC bars disclosure of identity of rape victims, even after death

Live Mint  

New Delhi: While laying down directions to protect the identity of rape victims, the Supreme Court on Tuesday ruled against any disclosure and barred it even in cases where the rape victim may have died or is of unsound mind and the parents have consented to such disclosure. Protection to the identity of rape victims would also extend to social …

Identity of rape victims has to be protected: SC
6 years, 3 months ago

Identity of rape victims has to be protected: SC

The Quint  

New Delhi, Dec 11 The Supreme Court on Tuesday said that the identity of rape victims has to be protected at all stages of the case including during trial. A bench of Justices Madan B. Lokur, S. Abdul Nazeer and Deepak Gupta said that the Central Forensic Science Laboratory reports and other documents related to such cases would be handed …

Sexual crimes: SC places total bar on media disclosing victims' names, identity
6 years, 3 months ago

Sexual crimes: SC places total bar on media disclosing victims' names, identity

The Hindu  

The Supreme Court on December 11 laid down an absolute bar on the media to publish or air the names or any material which may even remotely reveal the identity of victims of sexual crimes. The court held that the bar on disclosure under Section 228A of the IPC was not confined to just the name of the victim but …

Takes A Lot Of Courage For Victims Of Sexual Offences To Speak Up: Delhi HC Raps ASJ For “Lack Of Sensitivity & Understanding Of Human Behaviour” [Read Judgment]
6 years, 5 months ago

Takes A Lot Of Courage For Victims Of Sexual Offences To Speak Up: Delhi HC Raps ASJ For “Lack Of Sensitivity & Understanding Of Human Behaviour” [Read Judgment]

Live Law  

The Delhi High Court on Wednesday convicted a 21-year-old man of raping an 11-year-old girl, while rapping the Additional Sessions Judge for showing “complete lack of sensitivity to human feelings and limitations”The Bench comprising Justice Vipin Sanghi and Justice IS Mehta observed, “Sexual offences carry with them a great deal of shame, embarrassment and guilt for the victim. The Delhi …

Delhi Police arrests senior advocate for allegedly raping female lawyer in his Saket court office
6 years, 8 months ago

Delhi Police arrests senior advocate for allegedly raping female lawyer in his Saket court office

Firstpost  

A senior lawyer was arrested by the Delhi Police for raping a colleague in his chambers in Saket court New Delhi: A woman lawyer was allegedly raped by a senior advocate in his chamber in South Delhi’s Saket court, police said on Sunday. The victim, in her statement to the police, said the accused, who was in an inebriated condition, …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]
6 years, 8 months ago

Every Attempt Should Be Made By All Courts Not To Disclose Identity Of Victims In Rape Cases, Reiterates SC [Read Order]

Live Law  

The Supreme Court has reiterated that every attempt should be made by all the courts not to disclose the identity of the victim in terms of Section 228-A of Indian Penal Code.A bench of Justice AM Sapre and Justice UU Lalit observed thus while dismissing an appeal in a rape case against Chhattisgarh High Court judgment that had affirmed the …

Disclosing Names Of Rape Victims In Affidavits: SC Accepts Apology On Behalf Of States [Read Order]
6 years, 10 months ago

Disclosing Names Of Rape Victims In Affidavits: SC Accepts Apology On Behalf Of States [Read Order]

Live Law  

It has been impressed upon them that they have committed a very serious lapse and they are required to be far more circumspect in future, the bench said.The Supreme Court has accepted apologies tendered on behalf of the states of West Bengal and Uttarakhand for disclosing names of rape victims in the affidavit they filed before the court, observing that …

Delhi High Court Slams Media for Revealing Kathua Victim’s Name
6 years, 11 months ago

Delhi High Court Slams Media for Revealing Kathua Victim’s Name

The Quint  

On Friday, the Delhi High Court issued a stern order criticising the media for disclosing the details of the Kathua rape and murder victim, and issued notice to 12 media houses for reports naming her. “Unfortunately the nature and manner of reporting of the alleged offence is being effected in absolute violation of specific prohibition of law disrespecting the privacy …

Victim's silence regarding rape cannot be taken as proof of consent, says Delhi High Court
7 years, 5 months ago

Victim's silence regarding rape cannot be taken as proof of consent, says Delhi High Court

Firstpost  

The silence of a rape victim cannot be taken as proof of consent for sexual relations, the Delhi High Court has observed. New Delhi: The silence of a rape victim cannot be taken as proof of consent for sexual relations, the Delhi High Court has observed while upholding a man’s 10-year jail term for raping a pregnant woman. “The defence …

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment
7 years, 7 months ago

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment

Live Law  

In disregard of an express prohibition in the recent Supreme Court judgment examining the abortion plea of a 35-year-old HIV-positive rape survivor, the Supreme Court website still displays the survivor’s name.While the judgment does conceal her identity, the survivor’s name nevertheless appears in the search results for recent judgments.This is despite the fact that in the judgment, a. In disregard …

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment
7 years, 7 months ago

Bihar Rape Survivor’s Abortion Plea: SC Website Displays Name Of Survivor Despite Express Prohibition In Judgment

Live Law  

In disregard of an express prohibition in the recent Supreme Court judgment examining the abortion plea of a 35-year-old HIV-positive rape survivor, the Supreme Court website still displays the survivor’s name.While the judgment does conceal her identity, the survivor’s name nevertheless appears in the search results for recent judgments.This is despite the fact that in the judgment, a. In disregard …

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]
7 years, 7 months ago

Delhi HC Directs Trial Court To Proceed Against Prosecutrix Who Filed False Gang-Rape Complaint [Read Judgment]

Live Law  

The Delhi High Court recently directed the Trial Court to proceed against a prosecutrix for leveling false allegations of gang-rape against two Delhi-based doctors.While the Court acknowledged that “ordinarily no woman would falsely implicate someone in a rape case owing to social stigma attached to the offence”, it noted that it has come across false rape charges “when someone tutored. …

Disclosure of Rape Victim’s Identity In Judgment Doesn’t Allow Disclosure Of Her Name In Media: Rajasthan HC [Read Judgment]
7 years, 8 months ago

Disclosure of Rape Victim’s Identity In Judgment Doesn’t Allow Disclosure Of Her Name In Media: Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court recently refused to quash charges levied against a few journalists for disclosure of the name of a rape victim, refusing to accept their contention that the victim’s name had already been revealed in the judgment convicting her assailants.Justice Pushpenda Singh Bhati pointed that printing of an article with the victim’s name was different from revelation of …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment
8 years ago

Right To Be Forgotten: Kerala HC Asks Indian Kanoon To Remove Name Of Rape Victim From Judgment

Live Law  

The Kerala High Court has recently asked legal online search portal indiankanoon.com to remove the name of a rape victim from a Kerala High Court judgment published on the site.Justice Shaji P Chaly passed the interim order in a petition filed by a rape victim, who was aggrieved by the disclosure of her name and personal information in the judgments …

Use Pseudonyms To Refer To Victims Of Sexual Offences: Delhi HC To Trial Courts [Read Judgment]
8 years, 3 months ago

Use Pseudonyms To Refer To Victims Of Sexual Offences: Delhi HC To Trial Courts [Read Judgment]

Live Law  

The bench held that it is the statutory responsibility of the Special Court to ensure that the identity of the child is not disclosed at any time during the course of investigation or trial.In a landmark judgment, the Delhi High Court has directed trial courts to ensure that the identity of the victim in cases involving sexual offences shall not …

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