Charge of Abetment of Suicide only if Incitement is Direct

11 October 2024Posted inCriminal law
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].

Objections on Appointment cannot be Raised Post Retirement

29 September 2024Posted inOthers
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.

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,

On Preventing Arrests in Violation of Law

26 August 2024Posted inUncategorized
Every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil v Central Burea of Investigation & Another within one week of recording such non-compliance.