As per the DV Act, relief can be sought by only a woman who is subjected to any act of domestic violence in a marriage, or through a relationship in the nature of marriage, etc., the High Court noted. The Kerala High Court recently held that domestic violence cases pending before a Magistrate cannot be …
Even though there is no absolute embargo in filing a plea for pre-arrest bail after it has been dismissed once, such a plea can be entertained again only if there is a substantial change in the facts, the Court said. The Kerala High Court recently observed that there is no absolute bar on filing an application for …
The Court was considering a case that it had kept open to assess and rectify the specific issue of cases being filed against teenagers for unwittingly committing a crime punishable under the POCSO Act. The State Council of Educational Research and Training (SCERT) has informed the Kerala High Court that awareness of the Protection of …
As per Section 5 of The Criminal Procedure (Identification) Act, a Magistrate can order an accused person to furnish a handwriting sample even if he is not arrested, the Court said. The Kerala High Court recently clarified that under Section 5 of the Criminal Procedure (Identification) Act, 2022, a magistrate can direct a person accused in …
As per Section 101(b) of the proposed law, each individual in a group involved in mob lynching will face the death penalty, life imprisonment or a prison term of seven years or more. Mob lynching will be made a crime punishable with the death penalty under the Bharatiya Nyaya Sanhita, 2023, which could replace the Indian …
In response, the Advocate General of Maharashtra said that he would get instructions on whether a committee can be formed by the State to frame such guidelines. The Bombay High Court was told by the Maharashtra government on Friday that it will consider forming a committee to come up with guidelines to sensitize the police …
The case involves the question whether a moratorium on insolvency proceedings during the COVID-19 pandemic would be applicable in CCD’s case. The Chennai Bench of the National Company Law Appellate Tribunal (NCLAT) has stayed the admission of a corporate insolvency plea by the National Company Law Tribunal (NCLT), Bengaluru against coffee chain company, Cafe Coffee …
While granting anticipatory bail to a rape accused, the Court called for criminal action to be taken against the complainant is the case is found to be false. The Allahabad High Court on Thursday frowned upon the apparent trend of women filing false complaints under the Protection of Children from Sexual Offences Act (POCSO Act) and the Scheduled …
A bench of Justices BV Nagarathna and Ujjal Bhuyan today concluded hearing the arguments of the petitioners who have challenged the early release of convicts in the Bilkis Bano case. The Supreme Court on Thursday remarked that an accused in a criminal case has a constitutional right to be reintegrated into the society. [Bilkis Yakub Rasool …
“What cannot be achieved through a trial cannot be achieved through preventive detention,” the Court said while setting aside a detention order passed under the KAAPA. The Kerala High Court recently held that preventive detention law cannot be used as a punitive measure or as a substitute for criminal trial [Luciya Francis v State of Kerala …
