Marital Rape is a Ground to Claim Divorce

Posted inCriminal law
Marital rape is not an offence in India but it is a good ground to claim divorce, the High Court of Kerala (HC) says. This was stated by the HC in its verdict  in xxx v xxx (names masked) on 30th July 2021 while disposing a set of two appeals against a family court verdict. One appeal was by the husband seeking restitution of conjugal rights and the other was by the wife for divorce. The HC upheld the divorce.

Privileges do not Protect Legislators from Crimes

Posted inConstitutional law, Criminal law
In a landmark judgement in State of Kerala v K Ajith, the Supreme Court (SC) allowed to continue the criminal proceedings against some former MLAs in Kerala and declared categorically that the privileges and immunities of the MLA does not protect them from criminal offences in which they engage in. This writeup highlights the essential points in the judgement in an easy-to-learn language.

Hearing of the Accused on Sentence u/s 235(2) CrPC

Posted inCriminal law
If the accused is convicted for any offence, he shall have the right to be heard on the question of sentence before the court pronouncing its sentence. This is what the Section 235 (2) of the Criminal Procedure Code, 1973 (CrPC) states. This hearing usually ends up as a meaningless routine in most of the cases.

Sedition Law in India : An Overview

Posted inCriminal law
The Section 124A of Indian Penal Code (IPC) lays down in broad terms what sedition is. Sedition generally means conduct or speech inciting people to rebel against the legally established authority of the State. In a democracy every citizen has the right to question the government. Any criticism becomes sedition only when it leads to incitement of violence or overthrow of rule of law. Sedition is closely allied to treason. Any criticism becomes seditious only when it should have a pernicious tendency to create public disorder or disturbance of law and order.

Remedies when FIR is not Registered

Posted inCriminal law
Under Section 154(3) CrPC any person aggrieved by the refusal of the Station House Officer to record the First Information Statement (FIS) relating to the commission of a cognizable offence can send such substance of information in writing by post to the Superintendent of Police in the area and the Superintendent can conduct an investigation himself or through any of his subordinate officer.

How to obtain Call Data Records (CDRs)?

Posted inConstitutional law, Criminal law
A Call Data Record (CDR) is a set of information relating to the mobile phone calls, of a mobile user, for a particular period. However, the CDR does not include contents of a telephone conversation or messages exchanged. The CDR is available with telecom operators. The record contains critically sensitive information such as Mobile Station International Subscriber Directory Numbers (MSISDNs), International Mobile Subscriber Identity (IMSI), International Mobile Equipment Identity (IMEI), and location details of mobile subscribers. This string of information of the CDR includes details such as the name of the subscriber, the details of calls made by this subscriber during a given period, the duration of each call, whether the call terminated normally or abnormally, location of the caller, location of the call recipient, and such other details.

Dowry Death Cases u/s 304-B & 498A: Guidelines

Posted inCriminal law
The import of Section 304-B is quite different from 498A. They cannot be held to be mutually inclusive. They deal with two distinct offences. Cruelty is a common factor in both the sections. Under Section 304-B dowry death alone is punishable. Such a death should have occurred within seven years of marriage. In Section 498-A no such period is mentioned. If the case is established, there can be a conviction under both the sections.