SUPREME COURT DECLINED A PETITION TO MAKE RAPE GENDER-NEUTRAL OFFENCE

The Supreme Court on Monday refused to entertain a plea challenging the Constitutional validity of Section 375 of Indian Penal Code (IPC) which deals with rape on the ground that the provision is not gender-neutral. A bench headed by Chief Justice Ranjan Gogoi and Justice S K Kaul said that the appropriate remedy was an amendment to the law which only Parliament could do.

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FAILURE TO KEEP PROMISE DOES NOT COUNT AS CHEATING: HYDERABAD HIGH COURT

Mere failure to keep up a promise will not come within the ambit of cheating. In cases relating to marriages, let down from a promise to marry does not in any way attract the offence under Section 420 of IPC. In one such a case before the Hyderabad High Court, the petitioners-accused (A1 and A2) moved the court with a plea to quash the proceedings against them for the offences under IPC sections 417 (punishment for cheating), 420 (cheating and dishonestly inducing delivery of property) and 109 (an offence committed in consequence of abetment). The judge said that even if the complaint’s allegations are true, mere failure to keep up the promise will not come within the ambit of cheating. Based on the petitioners’ promise, if the father of the girl had incurred any expenditure towards engagement, he can recover the same by way of damages whose remedy lies in civil law, the judge observed and quashed the proceedings pending before a lower court.

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DIVORCE LAWYERS IN HYDERABAD | DIVORCE ADVOCATES IN HYDERABAD | ABHAYA LEGAL SERVICES

Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

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UNDER SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 IF A MAN TOUCHES A WOMAN INAPPROPRIATELY, YOU COULD GO TO JAIL FOR 5 YEARS

When the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, or POSH Act, was passed, the Criminal Law (Amendment) Act, 2013, was also passed and Section 354 was added to the Indian Penal Code. This defines sexual harassment and the penalties for the offence. Under this Act, violator will face 1-5 years jail and fine under Criminal Law Act, 2013 if he touches a woman inappropriately. Observing, capturing, distributing images of a woman without her knowledge will lead to 1-7 years’ jail and fine under Information Technology Act, 2000.

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DIVORCE ADVOCATES IN HYDERABAD | ABHAYA LEGAL SERVICES | DIVORCE LAWYERS IN HYDERABAD

Abhaya Legal Services provides legal services for mutual divorce and contesting divorce, maintenance (Parents, wife & Children), mental and physical harassment, domestic violence, alimony to wife, child custody, dowry harassment, etc., apart from rendering our legal services in civil, criminal, bails, anticipatory bails, cheque bounce, documentation, documents verification, registration, legal opinions, and real estate, etc.,

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IF AGITATING PROTESTERS DAMAGE PROPERTY, LEADERS MUST GO TO POLICE: SUPREME COURT

The Supreme Court expressed serious concern over the damage of public property during public agitations, and said that if protesters turn violent and vandalise property their leaders must present themselves for questioning at a police station within 24 hours. The court said that if the leaders fail to do this without any sufficient reason should be proceeded against as a suspect and legal process initiated forthwith, including for being declared absconder in accordance with law. The Court also said that leaders will be granted bail only if they deposit the estimated cost due to loss or damage, either individually or collectively.

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ACCUSED IN CRIMINAL CASE IS ENTITLED TO ‘DEFAULT BAIL’ IF POLICE FAIL TO COMPLETE PROBE

An accused is entitled to default bail under Section 167(2) of Code of Criminal Procedure after the expiry of statutory period of remand and non-filing of charge sheet by the police. An indefeasible right accrues in favour of the accused for being released on bail if the police fail to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days as the case may be. The accused concerned can be released on bail if he is prepared to and furnishes the bail as directed by the magistrate/court.

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