Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura
2 years, 5 months ago

Circumstances Not Put To An Accused Under Section-313Cr. P.C. Cannot Be Used Against Him: High Court Of Tripura

Live Law  

The High Court of Tripura has recently while dealing with criminal appeal under Section-374 of the Code of Criminal Procedure observed that circumstances not put to an accused under Section-313 Cr. The appeal was filed under Section-374 of the Code of Criminal Procedure is directed against the judgment and order of Conviction passed by a sessions judge Tripura whereby appellant was convicted under Sections-376 of IPC and thereby sentenced him to suffer rigorous imprisonment for 12 years and also to pay a fine of Rs.50,000/- in default to suffer further RI for 1 year. He has submitted that the evidences on record and the statements made by the witnesses do not constitute any offence punishable either under Section-376 IPC nor under Section-417 of IPC and as such the order of conviction and sentence passed by the trial Court is liable to be set aside. The Court below should have held that physical relation developed between the victim and the appellant not because of assurance of marriage but, because of deep love and as such, the trial Court has committed serious error and illegality by convicting the appellant which is liable to be set aside.

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History of this topic

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
2 weeks, 6 days ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

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 weeks 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 …

'Forcing Daughter-In-Law Into Sexual Relationship Is Remarkably Depraved': P&H HC Denies Pre-Arrest Bail To Father-In-Law
1 month, 4 weeks 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 …

SC to decide on marital rape law despite Centre’s silence
3 months, 3 weeks 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 …

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife
5 months, 2 weeks ago

S. 377 IPC | Uttarakhand High Court Stays Revision Court Order Exonerating Man From Charge Of Having 'Unnatural Sex' With Wife

Live Law  

The Uttarakhand High Court has stayed the order of a Revisional Court which had exonerated a husband from the charge of Section 377 IPC, which prohibits non-consensual unnatural sex. This comes a day after a coordinate bench of the High Court held that a husband cannot be prosecuted under Section 377 IPC as Section 375 IPC exempts marital sex and …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
5 months, 3 weeks ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 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 …

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

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, 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 …

SC seeks Centre's response on pleas seeking criminalisation of marital rape
1 year, 11 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 …

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim
2 years ago

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim

Live Law  

The Andhra Pradesh High Court last week quashed a rape case/complaint filed by a woman against the accused and allowed her to compromise the matter with him. The Court further noted that the Supreme Court, however, in the Case of K Dhandapani vs State 2022 LiveLaw 477, permitted the compounding of an offence under Section 376 of IPC as well …

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC
2 years ago

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

Live Law  

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 of CrPC in an FIR registered under section 376 of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of …

Marital rape: SC to hear on Sep 16 pleas arising out of Delhi HC\'s split verdict
2 years, 4 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 …

Marital Rape: Far-reaching Socio-legal Implications, Consultative Process Needed, Centre to HC
2 years, 11 months ago

Marital Rape: Far-reaching Socio-legal Implications, Consultative Process Needed, Centre to HC

News 18  

The Centre on Thursday told the Delhi High Court that it was committed to protecting ”the liberty, dignity, and rights of every woman who is the fundamental foundation and pillar of a civilised society” and a meaningful consultative process with various stakeholders and state governments is needed on the pleas seeking criminalisation of marital rape. Urging to defer the hearing …

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told
2 years, 11 months ago

Intercourse in Marriage Can't Be Labelled Rape, Wife Cannot Seek Specific Punishment to Satisfy Ego: Delhi HC Told

News 18  

Sexual intercourse between husband and wife cannot be labelled rape and at worst such an act of wrongdoing can be called sexual abuse, and a wife cannot compel the prescription of a particular punishment against her husband to satisfy her ego, an intervenor said in the Delhi High Court on Tuesday. Counsel for the intervenor NGO, Hriday, told the court, …

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 …

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court
3 years, 5 months ago

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court earlier this week held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC.Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose …

Conviction Of Accused Only On The Basis Of Presumption Under POCSO Act Would Offend Art. 20(3), 21 Of The Constitution: Tripura High Court
3 years, 9 months ago

Conviction Of Accused Only On The Basis Of Presumption Under POCSO Act Would Offend Art. 20(3), 21 Of The Constitution: Tripura High Court

Live Law  

The Tripura High Court on Thursday held that the conviction of an accused only on the basis of presumption under sec. 29 and 30 of the POCSO Act would offend Art. Noting that such presumption would be lead up to the prosecution commencing the trial with "an added advantage", a Division Bench comprising of Chief Justice Akil Kureshi and Justice …

'Minor Girl Sold To A Family In Rajasthan': Tripura HC Takes Suo Motu Cognizance Of News Report [Read Order]
4 years, 6 months ago

'Minor Girl Sold To A Family In Rajasthan': Tripura HC Takes Suo Motu Cognizance Of News Report [Read Order]

Live Law  

The Tripura High Court has registered a Suo Motu Writ Petition taking cognizance of a news report that a minor girl aged about 14 years, native of North Tripura, Unakoti District, was sold to a family in Rajasthan due to abject poverty of her family.The newspapers had reported that the minor girl was raped and carrying a pregnancy of about …

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