Make IPC Rape Provisions Gender-Neutral: Petition In Delhi HC, Notice Issued [Read Petition]
7 years, 6 months ago

Make IPC Rape Provisions Gender-Neutral: Petition In Delhi HC, Notice Issued [Read Petition]

Live Law  

The Delhi High Court, on Wednesday, issued notice to the Centre on a Petition challenging the Constitutional validity of Sections 375 and 376 of the Indian Penal Code and demanding gender neutral rape provisions.The Petition, filed by Mr. Sanjiiv Kkumaar, begins by making a reference to the recent murder of a boy at Ryan International School in Bhondsi, allegedly by a 42-year-old man, following. The Delhi High Court, on Wednesday, issued notice to the Centre on a Petition challenging the Constitutional validity of Sections 375 and 376 of the Indian Penal Code and demanding gender neutral rape provisions. Mr. Kkumaar relies on data and research conducted in several countries and submits, “That, as examples from England, US, Nepal and Australia etc has been put forward in the arguments by various parties in various cases and debates, petitioner would like to add here that Wide Spread Existence of Gender Neutral Rape Laws in Progressive Countries coupled with Female on Male Rape facts, startling statistics and general analysis of the issue shown above confirm that Male Rape is a reality and cannot be denied and male rape is not a figment of imagination. IPC 375 and 375 doesn’t pass this test with respect to Article 14 r/w Article 21 of Constitution of India after Right to Privacy ruling.” Relying on these contentions, the Petition also seeks a direction to the Centre to replace the current rape provisions with gender neutral provisions relating to rape, as contained in the Criminal Law Ordinance, 2013.

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History of this topic

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today
2 days, 16 hours ago

Supreme Court takes cognisance of Allahabad HC ruling on attempt to rape, hearing today

Hindustan Times  

NEW DELHI: The Supreme Court on Tuesday initiated proceedings on its own motion against a controversial judgment delivered by the Allahabad high court on March 17 regarding what constitutes an attempt to rape. In her letter, Gupta expressed grave concern over the judgment, stating: “The interpretation by the judge is grossly erroneous, his approach on the subject is insensitive, irresponsible, …

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot
6 days, 23 hours ago

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot

Live Law  

A Delhi Court recently upheld an order of the Metropolitan Magistrate which refused to frame a Rape/attempt to rape charges against a man who has been accused of forcibly entering into the complainant's house, assaulting her, as well as pushing her breasts, besides trying to open her salwar's knot and “trying to rape her”. However, such bald allegation, in the …

Delhi HC refuses to quash FIR against Swati Maliwal for revealing identity of 14-year-old rape victim
1 month, 1 week ago

Delhi HC refuses to quash FIR against Swati Maliwal for revealing identity of 14-year-old rape victim

Hindustan Times  

New Delhi The FIR was initially registered by the Delhi Police under Section 228A of the Indian Penal Code in July 2016. The Delhi high court has refused to quash the FIR against former Delhi Commission for Women and Aam Aadmi Party parliamentarian Swati Maliwal for allegedly revealing the identity of a 14-year-old rape victim to the media. A bench …

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity
1 month, 1 week ago

Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity

Hindustan Times  

New Delhi, The Delhi High Court has refused to quash an FIR against A MP Swati Maliwal for allegedly disclosing the identity of a 14-year-old rape victim who succumbed to injuries. Delhi HC refuses to quash FIR against Maliwal for revealing minor rape victim's identity Justice Neena Bansal Krishna said Maliwal's claim that she was protected from prosecution as her …

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court
1 month, 2 weeks ago

Misuse Of Section 498A IPC Doesn't Mean Genuine Cases Of Harassment Don't Exist: Delhi High Court

Live Law  

The Delhi High Court has observed that the misuse of Section 498A of Indian Penal Code, 1860, does not mean that genuine cases of harassment do not exist. “This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment,” Justice …

Chhattisgarh HC Acquits Man Accused Of Unnatural Sex With Wife, Says S.377 IPC Would Be Repugnant Due To Exception 2 To S.375 IPC
Trending News
1 month, 2 weeks ago

Chhattisgarh HC Acquits Man Accused Of Unnatural Sex With Wife, Says S.377 IPC Would Be Repugnant Due To Exception 2 To S.375 IPC

Live Law  

The Chhattisgarh High Court has found Section 377, which provides punishment for unnatural offences, to be repugnant to Exception 2 of Section 375 of the IPC, which says that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. While acquitting a husband from the charge …

Unnatural sex by man with wife without her consent not an offence: High Court
1 month, 2 weeks ago

Unnatural sex by man with wife without her consent not an offence: High Court

India Today  

Sexual intercourse, including unnatural act, by a man with his adult wife, even without her consent, can not be treated as an offence, the Chhattisgarh High Court held while acquitting a Jagdalpur resident who was convicted of rape and other charges. The High Court, in its order, stated, "from perusal of sections 375, 376 and 377 of IPC it is …

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court
1 month, 2 weeks ago

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court on Monday held that a husband cannot be prosecuted for commission of the offence of rape under Section 376 or unnatural sex under Section 377 of the Indian Penal Code for having any sexual intercourse, including every unnatural sex, with his major wife even without her consent. Holding 'consent' of wife in sexual intercourse/unnatural intercourse to …

Gender-neutral approach a need in physical violence cases: Delhi high court
2 months ago

Gender-neutral approach a need in physical violence cases: Delhi high court

Hindustan Times  

The Delhi high court has emphasised the need for a gender-neutral approach in cases involving physical violence, underscoring that leniency based solely on gender undermines equality and human dignity. This observation came in a verdict delivered on Wednesday in a case where a woman was accused of pouring boiling water mixed with chili powder on her husband, causing severe burn …

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
Trending News
2 months, 3 weeks ago

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court, recently, observed that for Section 354 IPC to apply, criminal force must be used. Ravikumar added that in order to establish mens rea something better than vague statements must be produced before the court. However, the High Court refused to grant any such relief observing that it could not undertake a “microscopic examination of facts and evidence …

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet
Trending News
2 months, 3 weeks ago

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

Live Law  

The Supreme Court, recently, observed that for Section 354 IPC to apply, criminal force must be used. Ravikumar added that in order to establish mens rea something better than vague statements must be produced before the court. However, the High Court refused to grant any such relief observing that it could not undertake a “microscopic examination of facts and evidence …

Top court notice to Centre on plea seeking pan-India guidelines for women's safety
Trending News
3 months, 1 week ago

Top court notice to Centre on plea seeking pan-India guidelines for women's safety

India Today  

The Supreme Court on Monday issued notice to Centre and states on a plea seeking pan-India guidelines for the safety of women, including banning free online pornographic material and the castration of individuals convicted for sex offences. Praising the petitioner for highlighting relevant things in its plea, the bench said, "One of the prayers you have asked for is to …

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males
3 months, 3 weeks ago

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

Live Law  

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
4 months ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

SC to decide on marital rape law despite Centre’s silence
6 months, 1 week ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi High Court’s split verdict from May 2022, which remains pending for the …

Delhi HC urges Centre to fill Section 377 gaps in BNS
6 months, 3 weeks ago

Delhi HC urges Centre to fill Section 377 gaps in BNS

Hindustan Times  

The Delhi high court on Wednesday suggested that the Union government promulgate an ordinance penalising the offence of forced unnatural sex and sodomy, even as it granted the Centre six months to take a “holistic view” regarding the exclusion of these offences from the newly enforced penal code, the Bharatiya Nyaya Sanhita. The Delhi High Court granted the Centre six …

Threat at every step: What it takes to stay alive as women
7 months ago

Threat at every step: What it takes to stay alive as women

New Indian Express  

Grim figures Violence and abuse against women and girls is frequent on streets, in public transportation and in other public places. In 2022, the Delhi Police registered a total of 1212 cases of sexual assault which says that on an average three women were raped daily in the city. According to the data shared by the National Crime Records Bureau, …

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC
7 months, 2 weeks ago

S.377 IPC Contemplates Unnatural Acts Against The Order Of Nature, Does Not Cover Unnaturality Of Relationship Such As Incest: Kerala HC

Live Law  

The Kerala High Court has held that having carnal intercourse against 'the order of nature' mentioned in Section 377 of the Indian Penal Code looks only into the nature of the act and not the relationship of the parties involved. Among other offences, the accused was also convicted of having sexual intercourse against the order of nature under Section 377 …

Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court
8 months, 1 week ago

Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court

Live Law  

The Gujarat High Court has observed that asking an unknown woman her name, address, and mobile number may be inappropriate but does not prima facie constitute sexual harassment under Section 354A of the Indian Penal Code. This observation was made by Justice Nirzar Desai in a case involving a man from Gandhinagar, Samir Roy, who was booked under Section 354A …

MP HC junks rape case filed by woman after 10-year-long relationship with man
8 months, 2 weeks ago

MP HC junks rape case filed by woman after 10-year-long relationship with man

The Hindu  

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their “own free will”. However, it does not mean that a rape case could be registered against the petitioner, the court said. “In my opinion, as …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
10 months, 3 weeks ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

75-year-old booked for sexually harassing woman
1 year ago

75-year-old booked for sexually harassing woman

Hindustan Times  

Noida: A 75-year-old man has been booked for allegedly sexually harassing a 26-year-old woman on the pretext of offering her employment in Noida’s Sector 94 on February 6, police said on Sunday. Following the woman’s complaint, a sexual harassment case under the Indian Penal Code was registered at Sector 126 police station on Saturday. “The survivor, a resident of Noida, …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year, 3 months ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Delhi HC Expresses Displeasure With Police, Hospitals For Not Ensuring Prompt Medical Examination Of Rape Victim Seeking To Terminate Pregnancy
1 year, 4 months ago

Delhi HC Expresses Displeasure With Police, Hospitals For Not Ensuring Prompt Medical Examination Of Rape Victim Seeking To Terminate Pregnancy

Live Law  

The Delhi High Court has expressed strong displeasure over non-compliance of its directions regarding medical termination of pregnancy of rape victims by the Delhi Police and hospitals in the national capital, observing that it is being complied with only on paper but not in spirit. Dealing with an unfortunate case where a 16 year old minor girl approached court seeking …

Gender Specific Laws Not "Anti-Opposite Gender", Only Meant To Address Unique Issues Faced By A Particular Gender: Delhi High Court
1 year, 6 months ago

Gender Specific Laws Not "Anti-Opposite Gender", Only Meant To Address Unique Issues Faced By A Particular Gender: Delhi High Court

Live Law  

In an attempt to strike a “neutral chord”, the Delhi High Court has explained how courts should deal with “gender-specific laws” and remain “gender neutral”, while emphasizing that the approach should not be biased towards a particular gender in such cases. To repeat, it is crucial to recognize that gender-specific laws are not meant to be "anti-opposite gender" but rather …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 7 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

Section 377 out, new bill also provides no protection to men against sex assault
1 year, 7 months ago

Section 377 out, new bill also provides no protection to men against sex assault

India Today  

The government introduced a bill in Parliament on Friday seeking to overhaul the Indian Penal Code, a set of laws that define and prescribe punishments for crimes in India. One of the changes proposed is to drop Section 377 of the existing Indian Penal Code. Section 377 of the Indian Penal Code says "Whoever voluntarily has carnal intercourse against the …

Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court
1 year, 7 months ago

Rape Victims Be Taken To Hospital For MTP Within 24 Hours Even When Gestation Period Less Than 20 Weeks: Delhi High Court

Live Law  

The Delhi High Court on Wednesday issued various guidelines to be followed by the doctors and the Delhi Police while dealing with cases of medical termination of pregnancy of victims of rape.Justice Swarana Kanta Sharma directed that where an order for medical termination of pregnancy has been passed, the Delhi Police’s Investigating Officers must produce the victim before the. The …

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC
1 year, 8 months ago

Three-judge Bench to Hear Pleas Relating to Criminalisation of Marital Rape: SC

News 18  

The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. “We have to resolve the matters concerning marital rape,” a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior advocate Indira …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 8 months ago

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that a three-judge bench will hear a batch of petitions pertaining to criminalisation of marital rape after constitution benches conclude hearing some listed pleas. "We have to resolve the matters concerning marital rape," a bench comprising Chief Justice D Y Chandrachud and justices P S Narasimha and Manoj Misra said when senior …

Supreme Court to hear pleas seeking to criminalise marital rape on May 9
2 years ago

Supreme Court to hear pleas seeking to criminalise marital rape on May 9

Hindustan Times  

The Union government on Wednesday sought a week to clarify its stand on making marital rape a criminal offence even as the Supreme Court fixed May 9 as the date to commence extensive arguments on a clutch of petitions demanding a change in the legal regime. Senior counsel Siddharth Dave and advocate Jaikriti Jadeja will also appear in the matter …

Issue of consent in sexual assault cases needs scrutiny: Delhi high court
2 years ago

Issue of consent in sexual assault cases needs scrutiny: Delhi high court

Hindustan Times  

New Delhi: The issue of consent needs close scrutiny by constitutional courts for analysis of any sexual assault offences, the Delhi high court said on Monday while upholding the exoneration of a man for allegedly raping a married woman for 12 years and having two children with her. The Delhi high court said the issue of consent needs scrutiny by …

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 …

Same-sex marriages | Supreme Court to hear pleas seeking legal validation on March 13, 2023
2 years ago

Same-sex marriages | Supreme Court to hear pleas seeking legal validation on March 13, 2023

The Hindu  

The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages on Monday. On January 3, the apex court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court. On December 14 last year, the …

SC to hear pleas seeking legal validation for same-sex marriages on Monday
2 years ago

SC to hear pleas seeking legal validation for same-sex marriages on Monday

Deccan Chronicle  

New Delhi: The Supreme Court is scheduled to hear a batch of pleas seeking legal validation for same-sex marriages on Monday. On January 3, the apex court had said it would hear on January 6 the pleas seeking a transfer of petitions for recognition of same-sex marriages pending before the high courts to the top court. On December 14 last …

'Virginity' test on female accused, in judicial or police custody, is sexist and unconstitutional: Delhi HC
2 years, 1 month ago

'Virginity' test on female accused, in judicial or police custody, is sexist and unconstitutional: Delhi HC

India TV News  

Delhi High Court on female virginity test : The Delhi High court on Tuesday declared that the virginity test conducted on a female detainee, accused under investigation, or in custody, whether judicial or police, is unconstitutional and in violation of Article 21 of the Constitution which includes right to dignity. Justice Swarana Kanta Sharma while passing the judgment stated that …

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks
2 years, 2 months ago

Delhi HC issues guidelines for rape victims whose pregnancy exceeds 24 weeks

The Hindu  

In a significant judgment allowing a minor rape victim to terminate her 25-week pregnancy, the Delhi High Court has also issued guidelines for investigating officers in all cases where a victim is pregnant due to sexual assault, and the pregnancy has crossed 24 weeks. “In case a minor victim is examined by such Board, appropriate report will be placed before …

SC seeks Centre's response on pleas seeking criminalisation of marital rape
2 years, 2 months ago

SC seeks Centre's response on pleas seeking criminalisation of marital rape

India Today  

The Supreme Court on Monday sought a response from the Centre on a batch of petitions pertaining to criminalisation of marital rape. One of pleas has been filed in relation to the Delhi High Court's split verdict on the issue.This appeal has been filed by Khushboo Saifi, one of the petitioners before the Delhi High Court. While Justice Shakdher, who …

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023
2 years, 3 months ago

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023

Live Law  

The Supreme Court of India has listed matters concerning the validity of the marital rape exception in the second week on January 2023. The issue was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate CU Singh who stated that the matters needed to be listed urgently. Senior Advocate CU Singh stated– "One …

Four women 'rape' a man in Jalandhar: Gender-neutral laws are crying need of hour
2 years, 3 months ago

Four women 'rape' a man in Jalandhar: Gender-neutral laws are crying need of hour

Firstpost  

While India’s rape laws have undergone changes over the past few decades – they still continue to regressively espouse patriarchal structures. The need is for gender-neutral rape laws that stand for equality and dignity of men, transgender and homosexual persons to be protected, alongside women Minutes after I got off a show on a leading English news channel about intimate …

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court
2 years, 4 months ago

[S.354 IPC] Women Can Also Be Held Guilty Of Outraging Woman's Modesty – Mumbai Court

Live Law  

A Metropolitan Magistrates Court in Mumbai has held Section 354 of the IPC as being gender neutral qua the offender, and thus convicted and sentenced a mother of three to one-year rigorous imprisonment for outraging another woman's modesty. The bench underscored that Section 354 IPC is "not a sexual offence" but falls under the chapter of 'Criminal Force and Assault' …

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court
2 years, 4 months ago

Victim's Statement Under Section 164 CrPC Disclosing Offence Of Rape Sufficient To Frame Charges Under 376 IPC : Delhi High Court

Live Law  

The Delhi High Court on Wednesday said a victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against the accused under section 376 of Indian Penal Code.Justice Swarana Kanta Sharma said an accused should not merely be discharged in a rape case because the prosecutrix has not stated about the same in …

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
2 years, 5 months ago

[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court

Live Law  

Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also against …

Delhi: 12-year-old boy raped, tortured by 4; DCW issues notice to police
2 years, 6 months ago

Delhi: 12-year-old boy raped, tortured by 4; DCW issues notice to police

India TV News  

Delhi: 12-year-old boy raped, tortured by 4; DCW issues notice to police Delhi Commission for Women said it received a complaint from a woman who said her son was sexually assaulted by people who even inserted a rod in his private parts. Highlights A 10-year-old boy was physically assaulted and sodomised allegedly by his three friends Two of the accused …

Supreme Court seeks Centre’s response - The Hindu
2 years, 6 months ago

Supreme Court seeks Centre’s response - The Hindu

The Hindu  

The Supreme Court on Friday, September 16, 2022, sought a response from the government on appeals to criminalise marital rape. During the brief hearing, All India Democratic Women's Association, represented by advocate Karuna Nundy, said both judges in the Bench in the Delhi High Court had agreed that the case raised a substantial question of law which required an authoritative …

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023
2 years, 6 months ago

Breaking: MARITAL RAPE- Supreme Court Issues Notice On Pleas Challenging Delhi HC's Split Verdict, Agrees To Hear In Feb 2023

Live Law  

Supreme Court bench of Justice Ajay Rastogi and Justice B. V. Nagarathna today issued notice on a batch of petitions filed assailing the split verdict of the Delhi High Court on the issue of Marital Rape. Counsel appearing for All India Democratic Women's Association, Advocate Karuna Nundy submitted that "the substantial question of law in the opinion of the two …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 6 months ago

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict

Deccan Chronicle  

NEW DELHI: The Supreme Court Friday said it would hear on September 16 the pleas arising out of the Delhi High Court's split verdict on the issue of criminalisation of marital rape. Justice Rajiv Shakdher, who headed the division bench of the high court, had favoured striking down the marital rape exception and said it would be tragic if a …

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week
2 years, 6 months ago

Supreme Court Dismisses PIL Seeking To Criminalise Marital Rape, As Petitions Challenging Delhi HC Verdict Are Listed Next Week

Live Law  

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat, on Monday, dismissed a Public Interest Litigation praying for the declaration of marital rape as a criminal offence on the ground that the issue was already under consideration in a separately instituted proceedings.The bench dismissed the PIL noting that the petitions arising from the split verdict given. …

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