Lawwatch : Legal Resources for Advocates

Charge of Abetment of Suicide only if Incitement is Direct

By K Rajasekharan 11 October 2024Abetment of Suicide

The ingredients to constitute an offence, the abetment of suicide, under Section 306 of the Indian Penal Code ( IPC) () is attracted if the suicide is committed by the deceased due to direct and alarming encouragement or incitement by the accused leaving no option but to commit suicide, reiterates the Supreme Court (SC) in Nipun Aneja And Ors v State of Uttar Pradesh [2024 INSC 767].

Confession in NDPS Cases Would not be Admissible as Evidence

By K Rajasekharan 9 October 2024Code of Criminal Procedures (CrPC)

The Supreme Court (SC) in Sharik Khan v. Narcotics Control Bureau directed on 6th March 2024 that the Narcotics Control Bureau's officers should comply with its three-judge Bench judgment in Tofan Singh v State of Tamil Nadu [(2021) 4 SCC 1].

Pendency of Case may not Prevent going Abroad

By K Rajasekharan 6 October 2024Code of Criminal Procedures (CrPC)

Mere pendency of a criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad, says Delhi High Court in Mr Amardeep Singh Bedi v Union of India & Another.

Defendant can Cross Examine Witnesses in ex-parte Suit

By K Rajasekharan 2 October 2024Civil Cases & Proceedures

Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed.

Objections on Appointment cannot be Raised Post Retirement

By K Rajasekharan 29 September 2024Uncategorized

The objections regarding an employee's appointment cannot be raised post-retirement, if no such objections were made during the employee's service period, says Jharkhand High Court, in Phul Chandra Thakur v The State of Jharkhand through the Secretary, Higher Education, Human Resources Development Department, Government of Jharkhand & Another.

Injunction in Rent Cases Would be Granted Only When Tenant Pays UpToDate Rent

By K Rajasekharan 29 September 2024Rent Control & Lease

The tenants seeking an injunction against eviction as relie, must first ensure that rent is paid up to date, thereby upholding the principle "he who seeks equity must do equity”, states the Kerala High Court in Pramod v The Secretary, The Sultanpet Diocese Society & Another [2024 KER 71174].

Fair Disclosure: Accused has Right to Get Documents not Relied on by Prosecution

By K Rajasekharan 24 September 2024Fair Disclosure under CrPC

The accused in a criminal trial will be able to get the statements, documents and material objects collected during the course of investigation, but which are not relied upon by the Investigating Officer, says the Kerala High Court in Varghese Kuruvila v State of Kerala [2024: KER:66881].

Watching Child Pornography an Offence: SC

By K Rajasekharan 24 September 2024Code of Criminal Procedures (CrPC)

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.

Identity of Rape Victim not to be Disclosed: SC

By K Rajasekharan 16 September 2024Code of Criminal Procedures (CrPC)

The Supreme Court (SC), in Nipun Saxena & Another v Union of India & Others, says that identity of the rape victims should be published or revealed, in any manner, as per Section 228 A of the Indian Penal Code (IPC).

Offence of Humiliating a Member of SC & ST

By K Rajasekharan 26 August 2024Code of Criminal Procedures (CrPC)

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,