SC Can even Quash Rape Charges Based on the Facts

22 July 2025Posted inCriminal law
The Supreme Court (SC), in Madhukar & Others v The State of Maharashtra & Another. [ 2025 INSC 819], says the court has power under Section 482 the Code of Criminal Procedure, 1973 (CrPC) to quash criminal proceedings related to even rape, in exceptional circumstances, based on the facts of the case to secure ends of justice.

Passport can be Renewed, Despite the FIR when Cognisance is not Taken

20 June 2025Posted inCriminal law
Even though the FIR was registered, the investigation is pending, and cognizance has not been taken, it cannot not be held that any criminal proceeding is pending against a person within the meaning of Section 6(2)(f) of the Passport Act. Therefore, permission of the court where FIR is filed is not necessary for renewal of the passport, says Kerala High Court in Raju Kattakayam v State of Kerala & Another [2025: KER:40962].

A Woman Subjected to Domestic Violence alone Can Seek Remedies under PWDV Act

19 May 2025Posted inCriminal law, Uncategorized
The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].

No Prior Govt Sanction Required for Inquiry or Investigation in Some Circumstances

16 May 2025Posted inCorruption & Bribery cases, Criminal law
The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Sanction Required to Prosecute a Public Servant if the Alleged Act is Connected to Official Duties

14 May 2025Posted inCorruption & Bribery cases, Criminal law
The Section 197 of the Code of Criminal Procedure (CrPC) protects the public servants from frivolous or vexatious prosecution by requiring prior sanction from the Government before they can be prosecuted for acts allegedly committed in the discharge of their official duties and such protection extends even to acts carried out in excess of official duties, as long as there is a reasonable nexus between the alleged act and the discharge of official functions, says the Supreme Court (SC) in G.C. Manjunath v Seetaram [2025 INSC 439].

Demand of Bribe to be Proved in Bribery Case : SC Constitutional bench

30 April 2025Posted inCorruption & Bribery cases, Criminal law
A Constitutional Bench of the Supreme Court (SC) declares, in Neeraj Dutta v State ( Govt of NCT, New Delhi) [2023(1) KLD 1 (SC), that the proof of demand and acceptance of illegal gratification by a Public Servant is a sine qua non to establish the guilt under Section 7 & 13 (1) (d) (i) of the Prevention of Corruption Act, 1988 (PCA).