An overhaul, the criminal law Bills, and the big picture
1 year, 3 months ago

An overhaul, the criminal law Bills, and the big picture

The Hindu  

The central government introduced three Bills in Parliament in August. The Bharatiya Nagarik Suraksha Sanhita There is an explicit provision in the BNSS on the registration of a cognisable offence in any police station, irrespective of the area where the offence is committed. A provision has been added to permit the conduct of a preliminary inquiry to ascertain the existence of a prima facie case even if the information discloses commission of a cognisable offence punishable with more than three years but less than seven years of imprisonment. It would have been appropriate to include the ratio of the Supreme Court judgment in Arnesh Kumar versus State of Bihar to justify an arrest by making it mandatory for the police officer to mention reasons of arrest supported with justifiable material, and for the judicial magistrate to record satisfaction and make it a formal part of the BNSS. Duration of police custody A provision in the Sanhita that has raised the eyebrows of critics is the increase in the period of police custody exceeding 15 days, as provided in the CrPC.

Court Police Custody State Fir Supreme Code Provision Bnss Offence Bns Crpc 60 Days Sanhita  bills  big  crpc  60  court  days  state  criminal  sanhita  offence  picture  provision  supreme  overhaul  cognisable  law

History of this topic

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’
1 week, 6 days ago

SC criticises misuse of anti-dowry legislation for ‘personal vendetta’

Hindustan Times  

The Supreme Court on Tuesday strongly criticised the growing misuse of Section 498-A of the Indian Penal Code, commonly known as the anti-dowry law, noting that it is increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families. The Supreme Court bench highlighted the misuse of the provision, lamenting that exaggerated and unsubstantiated allegations …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Supreme Court Stays HC Order For CBI Probe Into Alleged Irregularities In Jharkhand Assembly Appointments
1 month, 1 week ago

Supreme Court Stays HC Order For CBI Probe Into Alleged Irregularities In Jharkhand Assembly Appointments

Live Law  

The Supreme Court today stayed a Jharkhand High Court order, whereby alleged irregularities in the appointments and promotions to Jharkhand State Assembly were directed to be enquired into by the Central Bureau of Investigation. To briefly state facts of the case, one Shiv Shankar Sharma, a social worker, approached the Jharkhand High Court with a public interest litigation seeking a …

Odisha CM Pledges Accessible Justice for All
1 month, 2 weeks ago

Odisha CM Pledges Accessible Justice for All

Deccan Chronicle  

Bhubaneswar: Odisha Chief Minister Mohan Charan Majhi on Thursday announced his government is dedicated to making justice more accessible and efficient for citizens by bringing it directly to their homes. The CM also outlined new guidelines to protect vulnerable groups, stating that "police personnel cannot summon individuals with disabilities, minors under the age of 15, or those over 60 to …

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

The Hindu Morning Digest: September 5, 2024
3 months, 2 weeks ago

The Hindu Morning Digest: September 5, 2024

The Hindu  

Employ ex-servicemen, State security forces in high-risk areas of hospitals: Health Ministry The Union Health Ministry has suggested employing ex-servicemen as security personnel in hospital areas which have been identified as high-risk, as one of the measures to enhance safety and security for doctors and healthcare workers. Companies bought over by the Adani Group got ‘haircut’ of 96% to 42% …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
7 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates
9 months, 2 weeks ago

State Human Rights Commission Can Only Recommend And Not Direct State Govt For Action Against Policemen: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that the State Human Rights Commission can only recommend and not pass directions to the Government to act against policemen. A Division bench of Justice Krishna S Dixit and Justice CM Poonacha partly allowed the petition filed by C Girish Naik who works as Inspector of Police and said “The report dated 12.3.2020 issued …

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court
11 months ago

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court

Live Law  

In pleas relating to fake encounter killings allegedly carried out by the Gujarat Police during 2002-2007, the Supreme Court today was informed by petitioners that the Report of Justice HS Bedi-led Monitoring Committee has found foul play in 3 cases out of a total of 17, and as such, the police officers identified in the Report must be prosecuted.After a …

Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC
11 months, 1 week ago

Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC

Live Law  

Reading Sections 154 & 155 of CrPC conjointly, the Allahabad High Court has observed that anyone possessing knowledge about the commission of a cognizable offence has the authority to file an FIR. Court's observations At the outset, the Court stressed the importance of an FIR, calling it an indispensable document in the realm of criminal justice “which serves as the …

Supreme Court notice to Centre, 11 states on PIL alleging caste-based discrimination in jails
11 months, 3 weeks ago

Supreme Court notice to Centre, 11 states on PIL alleging caste-based discrimination in jails

India TV News  

SC on caste-based discrimination in jails: The Supreme Court today sought responses from the Centre and 11 states, including Uttar Pradesh and West Bengal, on a Public interest litigation alleging that the prison manuals of these states encourage caste-based discrimination in jails. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra took note of senior …

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2
1 year ago

Bihar Municipal Elections Reservation Challenge | High Court Lists Matter For Final Hearing On January 2

Live Law  

The Patna High Court has set January 2, 2024, as the date for the final hearing on a case challenging the recently conducted Bihar Municipal elections. Shahi, AG Mr. Vikas Kumar Counsel/s For the Respondent/s : Mr. Basant Kumar Choudhary, Sr. Advocate Counsel/s For the Petitioner/s : Mr. Awnish Kumar, Advocate Mr. S.V. Shahi, AG Mr. Vikas Kumar, A.C. to …

Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 6 months ago

Two lawyers move Bombay High Court for case against cops who assaulted them

India Today  

Two lawyers who were assaulted inside the Antop Hill police station in Mumbai last month have taken their case to the Bombay High Court. Advocates Sadhana Yadav and Harikesh Mishra have filed a plea seeking the registration of an FIR against Senior police officer Nasir Kulkarni and other personnel who were on duty at the time. The petition alleges that …

Police Reforms: Gauhati High Court Seeks Compliance Reports From Assam, Mizoram, Nagaland & Arunachal Pradesh Govts On Apex Court's Directions
1 year, 10 months ago

Police Reforms: Gauhati High Court Seeks Compliance Reports From Assam, Mizoram, Nagaland & Arunachal Pradesh Govts On Apex Court's Directions

Live Law  

The Gauhati High Court on Tuesday directed the state governments of Assam, Mizoram, Nagaland and Arunachal Pradesh to file affidavits regarding compliance of the directions issued by the Supreme Court in Manish Kumar v. Union of India and Others on police reforms. The Court directed the Home Secretaries of the States of Arunachal Pradesh, Mizoram and Nagaland to file individual …

Judicial Service Examination- Practice Questions on First Information Report
2 years ago

Judicial Service Examination- Practice Questions on First Information Report

Live Law  

In which of the following Case, a Three Judge Bench of Supreme Court considered the judgment in T. T. Antony and explained that the judgment in the said case does not exclude the registration of a complaint in the nature of counter claim from the purview of the Court? Ram Lal Narang Vs. Om Prakash Narang and Another T.T.Antony Vs …

Madras High Court Seeks Centre's Response On Challenge To Constitutionality Of Criminal Procedure (Identification) Act 2022
2 years, 3 months ago

Madras High Court Seeks Centre's Response On Challenge To Constitutionality Of Criminal Procedure (Identification) Act 2022

Live Law  

The Madras High Court has sought a response from the Central Government on a plea challenging the constitutional validity of certain provisions of the Criminal Procedure Act 2022. When the matter came up before the bench of Acting Chief Justice M Duraiswamy and Justice Sunder Mohan, the court asked Senior Advocate NR Elango appearing for the petitioner if any directions …

Supreme Court seeks Centre’s response - The Hindu
2 years, 3 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 …

Supreme Court Issues Notice In Plea Seeking Constitution Of State Bar Council In Jammu & Kashmir And Ladakh
2 years, 4 months ago

Supreme Court Issues Notice In Plea Seeking Constitution Of State Bar Council In Jammu & Kashmir And Ladakh

Live Law  

The Supreme Court, on Friday, issued notice in a plea seeking constitution of Bar Council in Jammu & Kashmir and Ladakh. "It is important to note that currently the members of the Legal Fraternity take the membership of Jammu and Kashmir High Court Bar Association and all their grievances are dealt by the above mentioned Bar Association but due to …

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 6 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

"Fictitious Witnesses" In NDPS Cases: Delhi High Court Seeks Records From NCB, Customs & DRI
2 years, 7 months ago

"Fictitious Witnesses" In NDPS Cases: Delhi High Court Seeks Records From NCB, Customs & DRI

Live Law  

The Delhi High Court on Tuesday directed the Directorate of Revenue Intelligence, the Narcotics Control Bureau and the Customs Department to place on its record a statement of cases under the NDPS Act and the Customs Act which were put to trial by the respective department in various Courts in the city during the last 5 years. The order has …

DC Edit | SC faces tough challenge over rule of law in Delhi
2 years, 8 months ago

DC Edit | SC faces tough challenge over rule of law in Delhi

Deccan Chronicle  

India’s Supreme Court was making a point before the republic’s rulers about the importance of the rule of law when it ordered the status quo in Delhi’s Jahangirpuri area on Wednesday, as the North Delhi Municipal Corporation was busy with its demolition drive. It took repeated interventions by Chief Justice of India N.V. Ramana and Ms Karat’s physical presence in …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 8 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022
2 years, 8 months ago

Supreme Court Criminal Digest With Subject And Statute Wise Index- March 2022

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Process For Comprehensive Amendments To Criminal Laws In Consultation With Stakeholders Initiated: Centre Informs Parliament
2 years, 10 months ago

Process For Comprehensive Amendments To Criminal Laws In Consultation With Stakeholders Initiated: Centre Informs Parliament

Live Law  

The Centre informed the Rajya Sabha on Wednesday that a process for comprehensive amendments to criminal laws in consultation with all stakeholders has been initiated by the government. The response noted that the matter is currently sub-judice before the Delhi High Court and further stipulated, "the Government of India has initiated the process for comprehensive amendments to criminal laws in …

Supreme Court concerned over eight states not giving consent for CBI probe
3 years, 1 month ago

Supreme Court concerned over eight states not giving consent for CBI probe

Deccan Chronicle  

New Delhi: The Supreme Court on Monday expressed concern over eight state governments – all non-BJP ruled states -- not granting “general consent” to the Central Bureau of Investigation to carry out investigation in their respective states, describing it as not a “desirable position”. Sundresh expressed concern over the state of affairs as the investigating agency informed the court that …

"This Cannot Continue"- Supreme Court Issues Notice To States, UTs, High Court Registrars On Plea Against Continued Use Of 66A IT Act
3 years, 4 months ago

"This Cannot Continue"- Supreme Court Issues Notice To States, UTs, High Court Registrars On Plea Against Continued Use Of 66A IT Act

Live Law  

The Supreme Court on Monday issued notice to States, Union Territories and Registrar of High Courts in a plea filed by Peoples Union for Civil Liberties seeking various directions and guidelines against the FIRs under provision of Section 66A struck down by Shreya Singhal case judgement. Supreme Court had on July 5th issued notice while expressing shock at the practice …

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench
3 years, 7 months ago

Can Parties In Cases Of Personal Nature Seek Masking Of Thier Identities In Records To Protect Privacy? Kerala High Court Refers To Division Bench

Live Law  

Recently, a Single Bench of the Kerala High Court referred to larger bench the question whether parties in a proceeding that did not involve public interest could seek the masking of their names. In this light, he framed this question for the consideration of a Division Bench - "Therefore, the question that has to be considered in this writ petition …

Lt. Col. Nitisha vs Union of India: The Supreme Court Recognises Indirect Discrimination
3 years, 8 months ago

Lt. Col. Nitisha vs Union of India: The Supreme Court Recognises Indirect Discrimination

Live Law  

In early 2020, the Supreme Court delivered judgment in Secretary, Ministry of Defence vs Babita Puniya, holding that the Indian Army's policy of denying women officers a permanent commission was discriminatory. The results of this process – that involved 615 eligible women officers – spurred a second round of litigation before the Supreme Court. This marks the first occasion that …

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court
4 years ago

Decision On Permission To Staff/Clerks To Travel By Local Trains Will Be Taken This Week: Govt., Railways Inform Bombay High Court

Live Law  

The Submission was made before the Bench of Chief Justice Dipankar Datta, & Justice G. S. Kulkarni in light of the fact that now the High Court has commenced physical hearing of cases. Background As the High Court commenced physical hearing of cases from Tuesday, the contention raised before the Court by the Bar was that permission to the staff …

Consent of State Govt Mandatory for CBI Investigation in Its Jurisdiction, Says Supreme Court
4 years, 1 month ago

Consent of State Govt Mandatory for CBI Investigation in Its Jurisdiction, Says Supreme Court

News 18  

The state government's consent is mandatory for a CBI investigation in its jurisdiction and the agency cannot conduct probe without its nod, the Supreme Court has said. The apex court referred to sections 5 and 6 of the Delhi Special Police Establishment Act, which deal with extension of powers and jurisdiction of special police establishment to other areas and consent …

[Political Gatherings Amid COVID] Proceed As Per 'Lalita Kumari' Judgment And Register FIR Against Defaulting Persons: MP HC To State Authorities [Read Order]
4 years, 2 months ago

[Political Gatherings Amid COVID] Proceed As Per 'Lalita Kumari' Judgment And Register FIR Against Defaulting Persons: MP HC To State Authorities [Read Order]

Live Law  

While taking into account the information received by the reports of Amicus Curiae and contents of I.A. 6084/2020 pointing out the following, "After passing of interim order on 3/10/2020 by the court, congregation of a large number of people ranging from 300 to 500 took place on 3/10/2020 at Baghel Chhatrawas Naka Chandrawani Road, Lashkar, Gwalior organized by Shri Munnalal …

[Rape Case Against UP Govt Counsel] SC Issues Notice On Plea Seeking CBI Investigation & Transfer Of Case From UP
4 years, 4 months ago

[Rape Case Against UP Govt Counsel] SC Issues Notice On Plea Seeking CBI Investigation & Transfer Of Case From UP

Live Law  

The Supreme Court on Friday issued notices in a writ petition seeking transfer of investigation and trial in the criminal case filed against a standing counsel of the UP Government, accused of rape by a young practicing lawyer from Delhi. The petition has been moved by one of the victim's friends, apprehending that investigation in the rape case may be …

CBI enters the Sushant Singh Rajput saga
4 years, 4 months ago

CBI enters the Sushant Singh Rajput saga

India Today  

Even as the Maharashtra and Bihar state governments and their respective police forces fought over jurisdiction in the Sushant Singh Rajput case, the central government added another twist on August 5. But even though the choice has been forced upon the state, top government sources in Patna believe the Maharashtra government will continue to resist the central agency’s attempts to …

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