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Criminal Law

August 30, 2017 /

Sikkim, the first northeastern state to ban cow slaughter.The rules qua ban on cow slaughtering was framed by Centre through publication of notification in official gazette, however, it was stayed by Hon’ble Supreme Court, thereby Centre had concurred that the same requires afresh reconsideration. Though the Centre rules have been stayed, notwithstanding, Sikkim has passed a bill in order to prohibit the killing of cows and its progeny. Offense for slaughtering of cow is cognisable and non-bailable under the act, further the offender shall be liable for imprisonment for a term of not less than two years, which can even be extended to five years, along with a minimum fine of Rs 10,000. A repeat offender will face rigorous imprisonment for at least five years, which may be extended to seven years along with a fine of no less than Rs 10,000. The object of Act is to invoke a humane, ethical and sustainable alternative for taking care of aged and unproductive cows in gaushalas. By pas

Delhi High Court reserves judgment in Raghav Chadha retweet matter

The Delhi High Court on Thursday reserved its judgment on AAP leader Raghav Chadha’s plea challenging his impleadment in the Arun Jaitley defamation case on the ground that a retweet cannot form the basis for criminal prosecution. After arguing for 3 hours each on two consecutive days, Senior Advocates Siddharth Luthra (for Jaitley) and Anand Grover (for Chadha) concluded on the third day before the Single Judge Bench of Justice Sangita Dhingra Sehgal. On day 2 of the hearing, Luthra had stated that there are four elements to this scenario, namely, public statements (made by the accused including Chadha), press

Can Anticipatory Bail be granted to Husband committing Rape on Wife ?

ORDER Prashant Kumar Agarwal, J. - Apprehending his arrest, the accused-petitioner has filed this application for grant of anticipatory bail under Section 438, Cr. P.C. in respect of FIR No. 115/2015 registered at Mahila Thana, Jaipur City (North), Jaipur for the offences under Sections 498-A, 376 and 377, IPC. The allegation against the petitioner is that he had sexual intercourse and unnatural intercourse with the complainant without her consent and against her will. It is to be noted that, although the complainant admits that marriage between her and the petitioner took place in accordance with the ceremony of Arya-Samaj on 9-1-2015, but at the same time it is her stand that legal marriage between them was to be performed in accordance with the social customs and usages, but the petitioner refused to do so. The application filed by the petitioner for grant of anticipatory bail has been dismissed by the Additional Sessions Judge (Women Atrocities Cases) No. 2, Jaipur Metropolitan, Jaipur vide order dated 14-9-2015. 2. It was submitted by the learned counsel for the petitioner that in view of the fact that the complainant is legally married wife of the petitioner of the age of more than 15 years, petitioner was entitled to have sexual intercourse as well as every type of physical relation with her and for the sake of arguments, if the allegations made against the petitioner are taken to be true and correct, even then no offence punishable under Section 376, IPC is made out against the petitioner as the case comes within the four-comers of Exception 2 to Section 375, IPC. It was further submitted that although after amendment in Section 375, IPC w.e.f. 3-2-2013, definition of "rape" has been elaborately widened and not only sexual intercourse by a man with a woman but several other kind of acts are also included within the definition of rape but as per Exception 2 to this provision, sexual intercourse or any other kind of sexual acts by husband with his own wif

Supreme Court dismisses PIL on use of Hindi in official language

The Supreme Court on Thursday agreed to urgently hear a plea by AAP leader Raghav Chadha that he was unnecessarily made to face criminal defamation charges for retweeting Chief Minister Arvind Kejriwal about Finance Minister Arun Jaitley. In an urgent mentioning before a Bench led by Chief Justice Dipak Misra, Mr. Chadha, represented by senior advocate Anand Grover, said his action of retweeting the Delhi Chief Minister and party leader does not constitute the offence of criminal defamation. “Having heard learned counsel for the parties, we are only inclined to request the learned Single Judge of the High Court to pre-pone the date of hearing and finalise the petition filed under SLP(Crl)Nos.6526-6527/17 2 Section 482 Crl.P.C. on or before 25.09.2017. The parties shall appear before the High Court on 18.09.2017 with a copy of this order and thereafter the matter shall be argued on 19.09.2017.”


164 A. Medical examination of the victim of rape. – (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of a such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. (2) The registered medical practitioner, to whom such woman is sent shall, without delay, examine her and prepare a report of his examination giving the following particulars, namely:- (I) the name and address of the woman and of the person by whom she was brought; (II) the age of the woman; (III) the description of material taken from the person of the woman for DNA profiling; (IV) marks of injury, if any, on the person of the woman; (V) general mental condition of the woman; and (VI) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, without delay forward the report to the investigation officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of th


Petitioner’s counsel claimed before the Bench that an estimated 34 per cent of Parliamentarians had criminal record. Convicted Netas Convicted Netas The Supreme Court yesterday sought to know the rate of conviction of politicians in the criminal cases & asked if its direction to complete trial against them within 1 year was being effectively implemented. The Supreme court said that data about the conviction rate of politicians in criminal cases would open up a “new dimension” & sought to know whether it’d act as a “deterrent” if the trial against lawmakers is completed in 1 year. “We’d also like to know what’s the rate of conviction. That’ll throw open a new dimension. We’ll see that criminal cases against politicians, if it doesn’t end in conviction, then why? What’re the reasons for it,” a bench of Justice Ranjan Gogoi & Justice Navin Sinha said.

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