Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man
1 month, 1 week ago

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man

Live Law  

The Madras High Court recently quashed criminal proceedings initiated against a man under Section 354A IPC for allegedly committing sexual harassment on a girl. Justice Anand Venkatesh observed that to constitute an offence of sexual harassment, a man must have committed physical contact and made advances involving unwelcome and explicit sexual overtures. In the present case, the court noted that the love affair between the man and the woman was admitted and it was quite natural for two persons in love to hug and kiss each other. “To constitute an offence under Section 354-A of IPC, a man must commit a physical contact and make advances involving unwelcome and explicit sexual overtures.

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History of this topic

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
1 week, 3 days ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
1 week, 3 days ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

Madras High Court Weekly Round-Up: November 11 - November 17, 2024
1 month ago

Madras High Court Weekly Round-Up: November 11 - November 17, 2024

Live Law  

Citations: 2024 LiveLaw 431 To 2024 LiveLaw 446 NOMINAL INDEX Union of India v Abdul Razak and Others, 2024 LiveLaw 431 M Samudi v The District Collector and Others, 2024 LiveLaw 432 Union of India v. C.V.L. Ltd, 2024 LiveLaw 435 The Triplicane Permanent Fund Ltd. v. The Tamil Nadu Sales Tax Appellate Tribunal, 2024 LiveLaw 436 Nalin Gupta v. …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
1 month, 1 week ago

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a man who was accused of sexually harassing his daughter-in-law, observing that the severity of the allegations levelled against him, granting a protective order could hinder the ability of the investigating agency to unravel the entire truth.Justice Sumeet Goel said, "The decorum and dignity of this bond …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
1 month, 2 weeks ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

Calcutta High Court Quashes Case Against Man Accused Of Voyeurism, Stalking For Secretly Clicking Photos Of Woman From His Residence
5 months ago

Calcutta High Court Quashes Case Against Man Accused Of Voyeurism, Stalking For Secretly Clicking Photos Of Woman From His Residence

Live Law  

The Calcutta High Court has quashed a case of voyeurism and stalking against a man booked under Section 354C and D of the Indian Penal Code. The man was arrested by the police upon the complaint of a woman who had accused him of secretly taking pictures of her from his residence. Justice Bibhas Ranjan De quashed the case initiated …

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

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment
6 months, 1 week ago

Patient's Vulnerability Can't Be Used As A Weapon To Sexually Exploit Them: Karnataka High Court Declines Relief To Doctor Accused Of Sexual Harassment

Live Law  

The Karnataka High Court has dismissed a petition filed by a doctor seeking to quash an offence registered against him under Section 354-A on the complaint lodged by a patient. If any act of the kind emerges even as an allegation, the relationship of trust between the doctor and a patient gets eroded.” It was stated that the complainant, on …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
7 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law  

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
7 months, 2 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 …

Sexual harassment: Madras High Court reserves order on ex-DGP’s plea
8 months ago

Sexual harassment: Madras High Court reserves order on ex-DGP’s plea

New Indian Express  

CHENNAI: Justice M Dhandapani of Madras High Court on Wednesday reserved orders on the petitions filed by former DGP Rajesh Das seeking to exempt him from surrendering before the trial court and suspension of three years imprisonment in the case of sexually harassing a woman IPS officer. When the petitions came up for hearing, Additional Public Prosecutor R Muniapparaj, representing …

Calcutta High Court: Calling an unknown woman 'darling' is sexual harassment
9 months, 2 weeks ago

Calcutta High Court: Calling an unknown woman 'darling' is sexual harassment

Op India  

The Calcutta High Court recently held that calling an unknown woman ‘darling’ is offensive and sexual harassment. Responding to the argument, Judge Sengupta stressed, “If this was done in a sober state, the gravity of the offence would perhaps be even more.” The court highlighted that the prevailing standards in our society are not such that a man on the …

'Perpetrator' U/S 354C IPC Excludes Victim's Sexual Partner In Consensual Relationship: Telangana High Court
1 year, 1 month ago

'Perpetrator' U/S 354C IPC Excludes Victim's Sexual Partner In Consensual Relationship: Telangana High Court

Live Law  

The Telangana High Court has held that ‘any man’ ‘perpetrator’ or ‘person on the behest of the perpetrator’ mentioned under section 354-C of the IPC does not include an individual with whom the woman was consensually having a sexual relationship with. Justice K Surender added that the videos had not been disseminated to any third parties, as per the findings …

Male Friend Can’t Take Undue Advantage of Drunk Woman, Says Delhi Court As It Upholds Conviction
1 year, 3 months ago

Male Friend Can’t Take Undue Advantage of Drunk Woman, Says Delhi Court As It Upholds Conviction

News 18  

While upholding the conviction of a man for forcibly trying to kiss a woman and then slapping her, a Delhi Court has recently held that intoxication of a woman “does not give licence to her male friend to take undue advantage of her condition”. The Judge observed, “.even if the medical examination of the complainant would have shown that she …

Three-judge bench to hear pleas relating to criminalisation of marital rape: SC
1 year, 5 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 …

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment
1 year, 10 months ago

Mumbai Court Convicts Man Under POCSO Act For Rubbing 100 Rupees Note On Minor's Lips, Making Derogatory Comment; Awards One Year Rigorous Imprisonment

Live Law  

A Mumbai Court recently convicted a man for sexual harassment and outraging the modesty of a child after he cat called and rubbed a 100 rupee note on a 16-year-old girl’s lips. Special Judge under Protection of Children From Sexual Offences Act, 2012, SC Jadhav held, “Moving a note of Rs.100/­ on the lips of the victim and then uttering …

Supreme Court Yearly Digest 2022- POCSO Act
1 year, 10 months ago

Supreme Court Yearly Digest 2022- POCSO Act

Live Law  

Protection of Child from Sexual Offences Act, 2012 Protection of Children From Sexual Offences Act, 2012 - Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner - Cases of sexual assault or …

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

Madras High Court Recalls Order Quashing Sexual Harassment Case Against Godman Shiva Sankar Baba
2 years, 1 month ago

Madras High Court Recalls Order Quashing Sexual Harassment Case Against Godman Shiva Sankar Baba

Live Law  

The Madras High Court on Monday recalled its earlier order quashing a sexual harassment case against self-styled godman Shiva Sankar baba.On October 17, Justice RN Manjula had allowed a quashing petition filed by Baba after observing that no application to condone the delay was filed along with the complaint under Section 473 of CrPC.The case against Shiva Sankar Baba was …

Failure To Disclose Impotency Before Marriage: Madras High Court Directs Police To Register Offences For Cheating
2 years, 4 months ago

Failure To Disclose Impotency Before Marriage: Madras High Court Directs Police To Register Offences For Cheating

Live Law  

Allowing an application for alteration of FIR filed by an estranged wife, the Madras High Court recently directed the respondent police to register offences under Section 417 and 420 of IPC for cheating against the husband who deceived the wife by non-disclosing his impotency. Justice V Sivagnanam of the Madurai Bench directed the respondent police to add the offences along …

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry
2 years, 6 months ago

Bombay High Court Quashes Sexual Assault FIR Under POCSO Act As Victim (Now A Major) & Accused To Marry

Live Law  

The Bombay High court recently quashed an FIR under Protection of Children from Sexual Offences Act for penetrative sexual assault, as the victim girl says that she and the accused were allegedly in love and are now to be married. Justices Prasanna B. Varale and SM Modak stated, "we are inclined to accept the request for quashing the FIR, only …

Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused
2 years, 7 months ago

Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused

Live Law  

Observing that kissing and touching private parts are prima facie not unnatural offences under Section 377 of the Indian Penal Code, the Bombay High Court granted bail to a man accused of a minor boy's sexual assault. Justice Anuja Prabudessai observed, "In my considered view, this would not prima facie constitute offences under section 377 of the Indian Penal Code." …

Kissing, fondling not unnatural offences: Bombay HC grants bail to accused
2 years, 7 months ago

Kissing, fondling not unnatural offences: Bombay HC grants bail to accused

India Today  

The Bombay High Court held that kissing on lips and fondling are not unnatural offences under Section 377 of the Indian Penal Code, and granted bail to a man accused of sexually assaulting a minor boy. Justice Prabhudessai added, "In my considered view, this would not prima facie constitute offences under section 377 of the Indian Penal Code." The Bombay …

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise
2 years, 9 months ago

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise

Live Law  

The Himachal Pradesh High Court has granted relief to a husband by quashing a FIR lodged against him by his wife for allegedly demanding dowry and outraging her modesty, based on a compromise between the parties. Justice Sandeep Sharma said, offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/heinous crime, …

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider
2 years, 9 months ago

Can Husband Be Prosecuted Under Section 377 IPC When Section 375 IPC Exempts Marital Sex? Delhi High Court To Consider

Live Law  

The Delhi High Court has delinked from a batch of pleas seeking criminalisation of marital rape, a plea seeking to declare that a husband cannot be prosecuted for the offence of unnatural sex with his wife under Section 377 of the Indian Penal Code, when exception 2 to Section 375 gives exception to marital sex from the offence of rape.A …

Marital Rape - Removal Of Exception From Sec 375 IPC Will Uphold Woman's Bodily Integrity: Rebecca John To Delhi High Court
2 years, 11 months ago

Marital Rape - Removal Of Exception From Sec 375 IPC Will Uphold Woman's Bodily Integrity: Rebecca John To Delhi High Court

Live Law  

The Delhi High Court on Thursday continued hearing 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.Senior Advocate Rebecca John appearing as amicus curiae in the matter told a bench of Justice Rajiv Shakdher and Justice C …

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry
3 years, 3 months ago

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law  

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case …

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court
3 years, 3 months ago

Touching Cheeks Without Sexual Intent Wouldn't Attract Offence Of 'Sexual Assault' Under POCSO: Bombay High Court

Live Law  

Touching the cheeks without sexual intent would not attract the offence of 'sexual assault', as defined under Section 7 of the POCSO Act, the Bombay High Court has observed on Friday, while granting bail to a man booked under various offences under POCSO.Granting bail to a 46-year-old man, the Bench of Justice Sandeep K. Shinde observed that primary evaluation of …

It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force a Party To Withdraw Complaint Or To Arm Twist A Party:Delhi HC
3 years, 9 months ago

It Is Now Becoming A Trend To Register FIRs Alleging Sexual Harassment Cases To Force a Party To Withdraw Complaint Or To Arm Twist A Party:Delhi HC

Live Law  

Ruling that time has come to initiate action against persons who file frivolous complaints under Sections 354, 354A, 354B, 354C, 354D IPC etc. The Bench of Justice Subramonium Prasad sternly remarked that it is now becoming a trend to register FIRs alleging offences under Sections 354, 354A, 354B, 354C, 354D IPC either to force a party from withdrawing a complaint …

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl
3 years, 10 months ago

'She Has Vividly Described Her Love Relationship With Accused' : Bombay High Court Acquits Man Accused Of Raping Minor Girl

Live Law  

The Nagpur Bench of the Bombay High Court has set aside the conviction and sentence of a 27 years old driver, accused of raping a minor girl on the ground that her testimony did not inspire confidence.The prosecutrix was aged 17 years and 9 months on the date of crime.The trial court had sentenced the accused to 10 years rigorous …

Holding victim's hand or open pant zip of accused not sexual assault under POCSO Act: Bombay HC
3 years, 10 months ago

Holding victim's hand or open pant zip of accused not sexual assault under POCSO Act: Bombay HC

India Today  

Holding the hands of a minor or the zip of the pants of the accused being open at the relevant time does not amount to sexual assault under the Protection of Children from Sexual Offences Act, the Bombay High Court has held. The judgment was delivered by Justice Pushpa Ganediwala on January 15, four days before she held that groping …

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court
3 years, 11 months ago

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court

Live Law  

The Madras High Court has held that that a petition under Section 482 of the Code of Criminal Procedure to quash a complaint under Section 12 of the Domestic Violence Act is not maintainable.The court observed that a petition under Article 227 of the Constitution may be maintainable if it is shown that the proceedings before the Magistrate suffer from …

Section 509 IPC: Statutory Remedy Available To Women Who Face Online Abuse
4 years, 3 months ago

Section 509 IPC: Statutory Remedy Available To Women Who Face Online Abuse

Live Law  

"A bunch of anonymous letters were received by a woman. The court found that `writing of letter' to a woman, intending to insult her modesty can be construed as `making a gesture' under section 509 IPC. Section 509 of the Indian Penal Code reads thus: "Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult …

M.P. High Court asks sexual harassment accused to request victim to tie him ‘rakhi’
4 years, 4 months ago

M.P. High Court asks sexual harassment accused to request victim to tie him ‘rakhi’

The Hindu  

The Indore Bench of the Madhya Pradesh High Court has granted bail to a man accused of sexual harassment on the condition that he will request the complainant to tie a ‘rakhi’ on him on Monday with a promise to protect her “to the best of his ability for all times to come”. Further, Justice Rohit Arya on July 30 …

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