Police Officer not to Register FIR on Offences under Drugs Act
Cognizance Of offence under Drugs & Cosmetics Act 1940 can't be taken based on Police Officer's complaint, says the Supreme Court (SC) in Rakesh Kumar v State of Bihar & Another.
Suicide due to Dowry Harassment u/s 498A & 304B IPC
Minor quarrels between spouses due to differences of opinion or sporadic instances of ill-treatment would not establish an offence of cruelty under Section 498A of the Indian Penal Code (IPC), says the High Court of Kerala in Sreekumar s/o Chellappan Chettiyar v State of Kerala [2024 (1) KLT 382] delivered on 4th January 2024.
Options a Magistrate has on Receipt of a Complaint
Five options available to a competent Judicial Magistrate on receipt of a written complaint, as elaborated in Biju Purushothaman v State of Kerala & Others, and reaffirmed in Manimekhala S v State of Kerala, are outlined in this write-up.
No Need to Register Corruption Case in all Cases of Malfeasance
A prosecution under the Prevention of Corruption Act, 1988 (PCA) need not be initiated In all cases of malfeasance or misfeasance, or wrong administration, or in all cases of loss caused to the government while discharging duty by public servants, says the High court of Kerala in Manimekhala S v State of Kerala.
VACB can Investigate Cases against Central Employees
The Vigilance and Anti-Corruption Bureau (VACB) of Kerala State, has authority to investigate offences involving corruption that take place within the State, committed by a Central Government employee or a State Government employee, says the High Court of Kerala (HCK) in State of Kerala v Navaneeth Krishnan
Child Witnesses : Reliability of their Evidence
All persons are competent to testify as a witness under Section 118 of the Indian Evidence Act.
But a person who is unable to understand the question put to him or to give relational answer to the question owning to tender age, extreme old age, disease of mind or body or any other cause is not a competent witness.
In criminal case, the basic test of competence is whether the person is able to understand questions put to him as a witness and give answers to them which can be understood.
A Woman can file a Case against a Female under DV Act
A complaint, under the Protection of Women from Domestic Violence Act 2005 (DV Act), can be filed by an aggrieved woman, who has been in domestic relationship with her and the case can be against a female member of the family as well.
Returning a Complaint as it was filed by Wife is Illegal
Returning a criminal complaint filed by the wife of an accident victim, on the sole ground that it was filed by the wife and not by the actual victim, is illegal, says the Kerala High Court (HC) in Smitha w/o Thankachan v State of Kerala.
Investigation not Vitiated when Informant becomes IO
Investigation conducted by the informant / police officer, who is the complainant, is not vitiated because of the sole reason that the informant is the investigator, says the Supreme court (SC) in Mukesh Singh v State (Narcotic Branch of Delhi) .
Names of the Accused & Victim not to be Disclosed
The names and addresses of the victim and the accused should not be printed or published in relation to the inquiry or trial of rape or any offence under Section 376, 376A, 376C, 376D or 376E of Indian Penal Code (IPC) without the previous permission of the court, says the High Court of Kerala in Saleel Raveendran v Union of India.
President Gives Assent to three Criminal Law Bills
President gives assent to the following three criminal law bills on 25th December 2023..
The Bharatiya Nyaya Sanhita 2023 which proposes to replace the Indian Penal Code (IPC),
The Bharatiya Nagarik Suraksha Sanhita 2023 which proposes to replace the Code of Criminal Procedure (CrPC), and
The Bharatiya Sakshya Sanhita 2023 which seeks to replace the Indian Evidence Act.
Recovery of Material Object u/s 27 of the IEA
he Section 27 the Indian Evidence Act (IEA) states that so much of information obtained from the accused when he/she is in police custody leading to the recovery of any fact alone, is admissible. The statement under this Section made to the police when the accused was not in custody or its equivalent, is also inadmissible.