Criminal law

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).

The police officer has wide powers for making arrest without warrant when a reasonable complaint or credible information reaches him, but it should be exercised cautiously. The police officer must have sufficient materials for exercising independent judgement at the time of making arrest. Police Officer has enough discretion in making arrest without warrant. That must be exercised not at his sweet will, but when there is reasonably founded suspicion as to commission of a cognizable offence.

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.

Even if custodial interrogation is not required by the prosecution, then that would not be a sound reason to grant anticipatory bail. The need for custodial interrogation is a relevant aspect to be considered in anticipatory bail petitions. But that is not the only ground that the courts need to consider while deciding any application for anticipatory bail. In many cases, custodial interrogation of the accused may not be required at all. But that does not mean that the accused might be granted anticipatory bail.

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 SC held that if a student is simply reprimanded by a teacher for an act of indiscipline and bringing the continued act of indiscipline to the notice of the principal of the institution who conveyed the matter to the parents and if the student who is very emotional or sentimental commits suicide, the teacher cannot be held liable for suicide.

The recovery of the weapon used in the commission of the offence is not a sine qua non to convict the accused. This was what the Supreme Court (SC) categorically held in State v Laly @ Manikandan in an appeal against the judgement of Madras High Court which acquitted murder accused. Even in the absence of recovery of weapon, the accused can be convicted if there is direct evidence in the form of eyewitness.

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.

If the court considers that the charge against the accused is prima facie groundless it shall pass an order of discharge under Section 239 of the Criminal Procedure Code, 1973(CrPC). If the accused is not discharged, then the court is bound to frame the charge against the accused.