Criminal law

In Rehna Fatima v State of Kerala & Another, the High Court of Kerala quashed the charge of nudity and other ones levelled against the activist Ms Rehna Fatima under the penal code and other laws, for posting a video on internet depicting her minor children painting on her bare torso under the hashtag “Body art and Politics”.

Summoning a person, without there being any crime registered against him and retaining him, would be violative of basic principles in criminal law, says the Supreme Court (SC) in Khaliq M A and others v Ashok Kumar and Another.

A criminal court, suo motu or by application of a party, can inspect a place where crime has occurred during the course of trial, enquiry or other proceedings under Section 310 of the Criminal Procedure Code, 1973 (CrPC).

The conclusive test to prove whether a person consumed alcohol or not is the Alco Meter Test or Blood Analysis Test. The evidence of smell of alcohol present in breath is not a conclusive proof, says Kerala High Court in Biju @ Gopi v State.

No FIR shall be registered in respect of any serious or petty offence committed by juveniles, states the High Court of Kerala in Don Biju Mathew v Sub Inspector of Police, Kuravilangadu and Another.

A Full Bench of the Madras High Court, in Arul Daniel & Others v/s Suganya & Others, held that proceedings under Section 12 of the Domestic Violence Act (DV Act) can be challenged in the High Court only under Article 227 of the Constitution. Such proceedings cannot be challenged by invoking the court's power under Section 482 Criminal Procedure Code (CrPC).

Watching the pornographic content, except child rape or child pornography or violence against women, in a private space is not at all illegal in India. But sharing and distribution of such content/material is illegal. However, watching the pornographic content such as child rape, child pornography, or violence against women, in a private space itself is a criminal offence.

The Article 20(3) of the Constitution of India protects an individual from giving testimonial evidence against himself. But despite such a safeguard an accused cannot escape from giving his blood sample during the investigation of a criminal case on the basis of that protection, the Kerala High Court in Das @ Anu v. State of Kerala ruled.

To prove the age of the victim the following three methods are genrally resorted to: the matriculation or equivalent certificates, if available; and in the absence whereof; the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; the birth certificate given by a corporation or a municipal authority or a panchayat;

A victim has the right to engage an advocate in the criminal proceedings she is involved in, under the law. The legal provision that empowers her to engage an advocate of his choice to assist the prosecution of criminal case, with due permission of the court is the proviso to Section 24 (8) of the Criminal Procedure Code (CrPC).

The High Court of Kerala in its judgement in the case XXX v State of Kerala and Another (2022 (1) KLD 780) said that a married woman, who clearly knows that the person who had sex with him cannot legally marry her when her marriage with another person subsists, cannot accuse the person on the charge of rape for giving false promise to marry.