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 for 363 had to fail, the prosecution notwithstanding the same sought to sustain the conviction u/s 366 as the same can also be committed by … Continue reading Kidnapping and Abduction are distinct offences.
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 to situations on dominance where a person uses his official/superior position to obtain advantage (see S.376A to D) also introduced was S.114A which raised a … Continue reading Tukaram v. State of Maharashtra 1979 SC
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 Sections 292/293 I.P.C ? Court said no...read on Supreme Court of IndiaRaj Kapoor And Ors vs State And Others on 26 October, 1979Equivalent citations: 1980 AIR 258, … Continue reading Supreme Court on obscenity (Raj Kapoor v. State) Justice Krishna Iyer.
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 not to obscene as it in no manner appeals to the prurient interests or is lascivious - or corruptive to the minds of people whose … Continue reading Supreme Court on obscenity (Bandit Queen Judgment)
Comment : In this case - the court was faced with the perplexing question as to whether a person who is accused of kidnapping a minor girl and marrying her rendering himself liable under various sections of IPC/Prohibition of Child Marriage Act, 2006 - whose marriage is indubitably voidable - can be held to be 'husband' … Continue reading Can a Husband of a minor girl claim custody ?
COMMENT : In this decision the court was once again faced with the baffling preposition as to whether DNA tests should be allowed to ascertain the paternity of a child ?, In what cases ? What about S.112 evidence Act, which in a nutshell says any child born during a marriage or 280 days after … Continue reading Supreme Court on DNA Testing…