Supreme court on law of attempt to rape

 In every crime, there is first, intention to commit, secondly, preparation to commit it, thirdly, attempt to commit it. If the third stage, that is, attempt is successful, then the … Continue reading Supreme court on law of attempt to rape

Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

The Division Bench in the case of Rita Nijhawan vs. Balkrishan Nijhawan in AIR 1973 Delhi 200 at 209 observed as follows: “Marriage without sex is an anathema. Sex is … Continue reading Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Comment :  The legal concept of cruelty in matrimonial offences is not confined to positive acts of causing physical injury by ‘one spouse to another. Without there being a physical … Continue reading Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty

Marriage without sex is anathema…Court considers Impotency/or Refusal as Mental Cruelty of highest order

Comment :  The legal concept of cruelty in matrimonial offences is not confined to positive acts of causing physical injury by ‘one spouse to another. Without there being a physical … Continue reading Marriage without sex is anathema…Court considers Impotency/or Refusal as Mental Cruelty of highest order

Rape – Consent & False Promise of Marriage

 Comment :  This case concerned a case of RAPE & CHEATING. The Court negatived the prosecution version that the girl gave in to the intercourse on false promise of marriage, … Continue reading Rape – Consent & False Promise of Marriage

Kidnapping and Abduction are distinct offences.

Comment : In this case the accused was charged u/ss 363 & 366 – later on trial it became apparent on evidence that the girl was major hence the charge … Continue reading Kidnapping and Abduction are distinct offences.

Tukaram v. State of Maharashtra 1979 SC

Largely hailed as a rare example of judicial insensitivity to a rape victim/gender outrage – the judgment paved path for various amendments in rape related laws – especially those catering … Continue reading Tukaram v. State of Maharashtra 1979 SC

The difference between Consent & Submission in cases of Rape

Punjab-Haryana High Court Rao Harnarain Singh Sheoji Singh … vs The State on 12 August, 1957 Equivalent citations: AIR 1958 P H 123, 1958 CriLJ 563 Author: T Chand Bench: … Continue reading The difference between Consent & Submission in cases of Rape

Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

QUESTION : Cinematograph Act 1952 Section 5A-Whether the issuance of the certificate issued by the specialised Board of Film Censors bars the criminal Court’s jurisdiction to try for offences under … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.

Supreme Court on obscenity (Bandit Queen Judgment)

A Remarkable judgment outlining the law of obscenity as it stands in India, in a nutshell, while holding Bandit Queen to have been rightly passed by the Censors, held it … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)