Watching Child Pornography an Offence: SC

24 September 2024Posted inCriminal law
Viewing in private, downloading, storing, possessing, distributing or displaying pornographic acts involving children is a criminal offence under Section 15 of the Protection of Children from Sexual Offences Act (POCSO) and Section 67 B of the Information Technology Act, says the Supreme Court (SC), in a 200-page judgement.

Offence of Humiliating a Member of SC & ST

26 August 2024Posted inCriminal law
The objective of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989  ( SC & ST Act) is to prevent atrocities against the members of the Scheduled Caste and Scheduled Tribe. The Supreme Court (SC) in  Hitesh Verma v The State of Uttarakhand says that the object of the Act is to improve the socio-economic conditions of the Scheduled Castes and the Scheduled Tribes,

Motor Vehicle Compensation for a Child

23 August 2024Posted inMotor Vehicles Act
In an accident the compensation is assessed based on his earning capacity and his age. But when a child dies in an accident, then while deciding the compensation child’s educational qualification, his performance in school will have to be considered. If the child was good in his studies, then he would get more compensation. But there is no standard way of calculating claim in case of death of a child.

Vehicle Compensation when Housewife Dies

23 August 2024Posted inMotor Vehicles Act
If the victim is not the earning member of the family, the compensation cannot be reduced on that pretext. So, in 1994, the legislature had fixed the income of a non-earning person at Rs 15,000/- per month and in case of a spouse, it would be one-third income of the spouse if he is an earning member, as per the Schedule II of the M V Act. The Schedule II has been removed by the 2019 amendment of the M V Act.

Vehicle Compensation in Grievous Injury Cases

23 August 2024Posted inMotor Vehicles Act
In simple personal injury cases, the compensation will be awarded only for expenses relating to treatment etc, loss of earnings and damages for pain and suffering. In grievous injury cases and permanent disability other items such as loss of future earning, future medical expenses, loss of amenities and loss of expectation in life can be added in arriving at just compensation when medical evidence corroborates with claimant’s evidence.

Motor Vehicle Accident Compensation : Its Procedures

22 August 2024Posted inMotor Vehicles Act
When information of a road accident is received in the Police Station, the Investigation Officer (IO), who investigates the accident, shall inspect the site of the accident, take photographs / videos of the scene of the accident and the vehicles involved in the accident and prepare a site plan drawn scale to scale, indicating the lay out and width etc of the roads or places, the position of the vehicles and persons involved and such other relevant facts.

Bail to be Granted if Trial Gets Prolonged

19 July 2024Posted inBail & Related matters
The Supreme Court (SC), in Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh, says that a constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution of India has been infringed.