Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
10 months, 1 week 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 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. Taking note of this fact, the Supreme Court observed that the affirmation of the High Court's verdict will have "disastrous consequences" on the parties as their matrimonial life will be put in danger if the appellant is sent to jail. The bench comprising Justices BR Gavai and Sandeep Mehta observed : "The offences under Section 354D IPC and Section 506 IPC are personal to the complainant and the accused appellant.

Court Ipc Supreme Offences Convict Complainant Married Section 506  marriage  offences  appellant  506  appeal  ipc  354d  stalking  court  supreme  complainant  married  convict  conviction  quashes

History of this topic

Delhi Court Upholds Non-Framing Of Attempt To Rape Charge Against Accused Who Allegedly Pushed Woman's Breasts, Tried To Untie Her 'Salwar' Knot
1 week, 2 days 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 …

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court
1 week, 4 days ago

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

Live Law  

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498 of the Indian Penal Code. With this, the court quashed the chargesheet and the proceedings initiated by the woman against her husband and her husband's relatives …

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases
3 weeks, 5 days ago

'No Evidence' : Supreme Court Quashes Rape Case Against Ex-Indian Army Officer; Notes Complainant Filed 8 Other Rape Cases

Live Law  

The Supreme Court recently quashed all criminal proceedings in a rape case against a former Indian Army officer, Rakesh Walia, after finding the complaint to be unbelievable.The Court found that the complaint was nothing but an "abuse of the process of law", because apart from her statements, there was no evidence on record. The Supreme Court recently quashed all criminal …

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 …

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 …

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 2 weeks ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 3 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children
Trending News
1 month, 3 weeks ago

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children

Live Mint  

The Supreme Court on Wednesday quashed the sentence of the present accused-appellant for rape and kidnapping charges after the bench noted he married the complainant and they have four children, reported the LiveLaw. After hearing the case, the bench of Justices B.V Nagarathna and Satish Chandra Sharma observed that Article 142 of the Constitution confers special power to pass necessary …

Supreme Court Quashes Conviction For Rape & Kidnapping After Noting Convict Married Victim & Have 4 Children
1 month, 3 weeks ago

Supreme Court Quashes Conviction For Rape & Kidnapping After Noting Convict Married Victim & Have 4 Children

Live Law  

The Supreme Court, while exercising its inherent powers under Article 142 of the Constitution, quashed the sentence of the present accused-appellant for rape and kidnapping charges after noting that he married the complainant and they have four children. Taking note of the fact that the appellant-accused subsequently married the victim and had four children out of their wedlock, the Court …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 4 weeks ago

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution. The single judge bench comprising …

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage
2 months ago

Supreme Court orders ’gold-greedy’ groom to pay ₹3 lakh to bride as harassment compensation, 19 years after marriage

Live Mint  

The Supreme Court has asked a man to pay ₹three lakh in compensation to his bride, whom he harassed for dowry, following a 19-year legal battle, reported Times of India. Incidentally, the couple's marriage ended within just three days after the groom demanded dowry, which led to his conviction and an eventful jail time, added the report. According to the …

Disapproving marriage does not amount to abetment of suicide: Supreme Court
2 months ago

Disapproving marriage does not amount to abetment of suicide: Supreme Court

The Hindu  

The Supreme Court has said expressing disapproval for marriage does not amount to abetment of suicide under Section 306 of the Indian Penal Code. The court said even if all evidence on record, including the charge sheet and witness statements, are taken to be correct, there is not an iota of evidence against the appellant. Even if the appellant expressed …

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
2 months, 2 weeks ago

S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC

Live Law  

The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Perusing the order rejecting the petitioner's candidature, Justice Arun Monga said, …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 2 weeks ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 3 weeks ago

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty

Live Law  

The Bombay High Court recently refused to quash a First Information Report lodged against a man by his estranged wife, for outraging her modesty. A division bench of Justices Ravindra Ghuge and Rajesh Patil refused to quash a FIR lodged with the Kasturba Sub Police Station in Malvani, Mumbai, under sections 354, 506 and 323 lodged against the husband by …

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty
2 months, 3 weeks ago

Bombay High Court Declines To Quash FIR Lodged By Wife Against Husband For Outraging Her Modesty

Live Law  

The Bombay High Court recently refused to quash a First Information Report lodged against a man by his estranged wife, for outraging her modesty. A division bench of Justices Ravindra Ghuge and Rajesh Patil refused to quash a FIR lodged with the Kasturba Sub Police Station in Malvani, Mumbai, under sections 354, 506 and 323. A division bench of Justices …

Bombay High Court says single instance of following is ’not’ stalking
2 months, 3 weeks ago

Bombay High Court says single instance of following is ’not’ stalking

Live Mint  

Bombay High Court's Nagpur bench has held that following a girl just once, does not amount to stalking, as prescribed under Section 354 of the Indian Penal Code and the provisions under the Protection Of Children from Sexual Offences Act. “It is to be noted that in order to attract the offence of stalking, the prosecution must prove that the …

‘Single instance of following a girl is not stalking’: Bombay high court
2 months, 3 weeks ago

‘Single instance of following a girl is not stalking’: Bombay high court

Hindustan Times  

In a key ruling, the Nagpur bench of the Bombay high court said that a single instance of following a girl does not constitute stalking under Section 354-D of the Indian Penal Code, which was not replaced by the Bharatiya Nyay Sanhita when the case that the court was hearing was filed. The Bombay high court recently clarified that a …

Following a girl only once doesn't amount to stalking, says Bombay High Court
2 months, 3 weeks ago

Following a girl only once doesn't amount to stalking, says Bombay High Court

India Today  

The Bombay High Court has ruled that a single instance of following a girl does not meet the legal criteria for stalking under Section 354 of the Indian Penal Code, which requires repetitive or persistent behaviour to constitute an offence. The ruling came from Justice GA Sanap while hearing pleas involving two 19-year-old men accused of sexual harassment and trespassing …

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 …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage
3 months ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Brother-In-Law After 18 Years Of Marriage

Live Law  

The Calcutta High Court has quashed a case against a man accused by his sister-in-law of cruelty. The allegations are general in nature and the petitioner herein has been named only in the cause title of the petition under Section 156 of Cr. "The materials in the case diary also shows that the allegations are general in nature and the …

Kolkata man granted divorce over 'imposition' of wife's friend, family on him
3 months, 1 week ago

Kolkata man granted divorce over 'imposition' of wife's friend, family on him

India Today  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
3 months, 1 week ago

Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce

Live Law  

The Supreme Court today quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce. The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing the Appellant's challenge to the Bombay High Court's Aurangabad Bench decision which refused …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 2 weeks 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 …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks 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 …

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand
Trending News
3 months, 2 weeks ago

"Vague Allegations": Calcutta High Court Quashes Case Against Man Accused Of Abetting Wife's Suicide Over Dowry Demand

Live Law  

The Calcutta High Court has quashed a case for abetment of suicide against a man who was accused of abetting his wife's suicide after 15 years of marriage, over the demand of dowry. In quashing the case against the accused, the court noted: "It appears from the record that the sister of defacto complaint/opposite party no.2 committed suicide after 14 …

Atul Subhash Suicide : PIL In Supreme Court Seeks Reform Of Domestic Violence & Dowry Laws To Prevent Harassment Of Innocent Husbands
3 months, 2 weeks ago

Atul Subhash Suicide : PIL In Supreme Court Seeks Reform Of Domestic Violence & Dowry Laws To Prevent Harassment Of Innocent Husbands

Live Law  

In the wake of the suicide of a man named Atul Subhash allegedly due to harassment by his wife through matrimonial cases, a PIL has been filed in the Supreme Court seeking directions to ensure that husband and his family members are not harassed in cases filed under domestic violence and dowry laws.The Public Interest Litigation filed by Advocate Vishal …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 2 weeks 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 …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Trending News
3 months, 2 weeks ago

Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case

Live Law  

Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife. "Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative …

Supreme Court warns against misuse of cruelty law for settling personal scores against husband
3 months, 2 weeks ago

Supreme Court warns against misuse of cruelty law for settling personal scores against husband

Deccan Chronicle  

New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The apex court made this observation after setting aside a cruelty case filed under Section 498 of the IPC, which the Telangana High Court had refused to dismiss previously. In the above case, the Supreme Court ruled in favour of the …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
3 months, 2 weeks ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court
3 months, 2 weeks ago

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Hindustan Times  

Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, in a separate case, warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands. The Supreme Court of India The cruelty law cannot be misused as a “personal tool …

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 …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 3 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Allahabad High Court Grants Bail To Advocate Sentenced To 4 Yrs Imprisonment For 'Stalking' Woman Judge
3 months, 3 weeks ago

Allahabad High Court Grants Bail To Advocate Sentenced To 4 Yrs Imprisonment For 'Stalking' Woman Judge

Live Law  

The Allahabad High Court recently granted bail to a practising advocate from Hamirpur district, who had been convicted earlier this year by a trial court and sentenced to four years in prison for 'stalking' a woman judge and making inappropriate comments about her. Seeking bail during the pendency of his revision plea, the accused moved the HC, wherein his counsel …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
4 months ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court
4 months, 1 week ago

[S. 498A IPC] Second Wife Not Guilty Of Cruelty Merely Because Husband Married Her During Lifetime Of First Wife: Calcutta High Court

Live Law  

The Calcutta High Court has quashed a case against a man's second wife, under various sections of the IPC including Section 498A, Section 494, 406 and Section 506, as well as under Sections 3/4 of the Dowry Prohibition Act by his first wife.Justice Shampa Paul quashed the charges and held: "Offence alleged under Section 494 of IPC is applicable to …

Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man
4 months, 2 weeks 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 …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 3 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 …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
5 months, 1 week 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 Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months, 1 week ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
6 months ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

HC directs State to address issue of protection of sportswomen from sexual harassment
7 months ago

HC directs State to address issue of protection of sportswomen from sexual harassment

The Hindu  

The Madurai Bench of the Madras High Court has directed Tamil Nadu Chief Secretary to address the issue of protection of women participants in sports from sexual harassment, within six months. In the interest of justice and also to achieve social justice, the court has issued direction to the State government to provide accommodation at the State cost for either …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
7 months, 1 week ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains
7 months, 2 weeks ago

S. 193 IPC | When Can Perjury Proceedings Be Initiated Against A Litigant? Supreme Court Explains

Live Law  

While quashing a perjury proceeding against a litigant, the Supreme Court on Tuesday laid down the yardsticks which should be fulfilled for initiating proceedings for the offence of perjury under Section 193 of Indian Penal Code, 1860.The bench comprising Justice BR Gavai, Justices Sanjay Karol and KV Viswanathan was deciding an appeal preferred by a litigant against the decision of. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
7 months, 3 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
8 months, 1 week ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

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