Lawwatch : Resources for Learners

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.

Retweeting, forwarding or sharing of offensive messages on social media as such is not at all declared as a criminal offence in India. However, there are some provisions, under the Information Technology Act (IT Act) and the Indian Penal Code (IPC), which may put criminal liability on the person who does such an act.