๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
18.9K subscribers
831 photos
11 videos
1.64K files
2.94K links
๐Ÿ“ฒ Contact โ†’ @CurrentLegalGKBOT

๐Ÿ‘จโ€โš– Filtered Information Brings Clarity.

๐ŸŒTHE BEST FROM ALL LEGAL UPDATES BY EOD.

"Finding Quintessence of all possible POVs of provisions and Precedents
_____________
๐Ÿง  Daily Quiz โ†’ @LegalQuizzes

โณ๐Ÿš€ Enjoy Learning!
Download Telegram
๐Ÿ“Œ๐Ÿ”” Announcement | Notice

Hello Doston,

From past 3 Years, If you really like the posts and material we share without any fee then you must know this information
.

โœ“ firstly, we got one copyright on 1 message we are working for resolution but you are a part of our family that's the reason we are telling you.

โœ“ Secondly, if you guys really want good content in future a robust revolution in Answer writing enhancers, Case laws compilations explanations, recent cases lucid explanation and daily MCQ practice then you must follow our YT channel, if you don't want to miss the opportunity to gain knowledge.

I know many of you want a good unique content for your exam which can make yourself stand different from others in this competition.

As a backup channel join it I am not promising that I will start Rightaway in YouTube bcz I want perfection in content but we are Planning something good, just reserve it and join it for free robust content better than many paid institution
.


๐Ÿ“ธ๐ŸŽž๏ธ
https://youtube.com/@naturaljustice?feature=shared

โ˜๏ธโ˜๏ธโ˜๏ธโ˜๏ธโ˜๏ธ
๐Ÿ‘14โคโ€๐Ÿ”ฅ3๐Ÿ‘3
โœจ Section 187(2) & (3)

Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts.

Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishable upto ten years of imprisonment.

Is this not a departure from Bare Language?

โœจ Reasoning by High Court judgment which supreme court refused to interfere Next post

But first Let us see the Offences which are charged in the present case.

โœ“ 108 Abetment of suicide:
Imprisonment of either description for a term which may extend to ten years, and shall also be liable
to fine

โœ“ 308(5) Extortion:
Either description for a term which may extend to ten years, and
shall also be liable to fine.

Others are not of our use.

"The Phrase Which may extend to ten years is being interpreted in the lines of 187 (2) & (3)"

๐Ÿ‘‰ 2 Important Phrases
S.187- 10 Years or More &
S. 108 Punishment- 
Extend to 10 years

Note: HC judgment considered 167 and 187 as same.
โคโ€๐Ÿ”ฅ3
๐•ƒ๐”ผ๐”พ๐”ธ๐•ƒ โ„‚๐•Œโ„โ„๐”ผโ„•๐•‹ ๐”ธ๐”ฝ๐”ฝ๐”ธ๐•€โ„๐•Š ๐”น๐•ช- โ„•๐•’๐•ฅ๐•ฆ๐•ฃ๐•’๐• ๐•๐•ฆ๐•ค๐•ฅ๐•š๐•”๐•– โ„ข
โœจ Section 187(2) & (3) Issue: Upto 10 Years it is 40 Days or 60 Days period in which 15 days Police custody can be given in whole or in parts. Judgment: 15-day police custody must be sought within the first forty days in cases of offences which are punishableโ€ฆ
๐Ÿ‘ฎโ€โ™€๏ธ Custody period Judgment

โˆ† Case: Hyder Ali v.State of Karnataka, 2024

167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More โ€”โ€”>
Means threshold period of 10 Years.
BOTH ARE SAME NO CHANGE IN NEW LAW.

Reason for the aforesaid issue :
The offence in the case at hand, does not bear a
minimum threshold sentence of ten years, but is extendable or to an extent of ten years, which would mean, discretion available to the concerned Court to impose punishment up to ten years. Therefore, the
minimum threshold is not ten years.

1. 10 or More means Minimum is 10 years.

2. Extend to 10 years means 1 to 10 years.

Both are different

In minimum 10 years it is 90 days and in upto 10 years it is 60 days maximum custody.

Again repeating no change in new law both are same 167 and 187.

Must be interpreted in the light of Article 21.

@CurrentLegalGK
๐Ÿ‘9๐Ÿ’ฏ2
๐Ÿ‘จโ€โš–๏ธ Sundari Gautam v. State of NCT Delhi, 2024

โœจ Can a Women be convicted under section 4
Punishment for aggravated penetrative sexual assault
โ“

Ans. It is clear that the pronoun heโ€Ÿ is not defined anywhere in the POCSO Act. In view of the provision of section 2(2) of the POCSO Act, one must fall back upon the definition of that pronoun as it appears in section 8 of the IPC [ 2(10) of BNS ] Giving due regard to the fact that the Legislature enacted the POCSO Act in order to provide protection to children from sexual offences โ€“ regardless of whether an offence is committed upon a child by a man or a woman โ€“ the court must not interpret any provision of the statute that derogates from the legislative intent and purpose.

Interpretation based on legislative intent to protect child from sexual offences and a technical interpretation by refering to the principal act for residuary definition clause.

โœจ Section 2(10) BNS-
โ€œgenderโ€.โ€”The pronoun โ€œheโ€ and its derivatives are used of any person, whether male, female or transgender.

โœจ Section 3 of POCSO reads as under:

3. Penetrative sexual assault.โ€”A person is said to commit โ€œpenetrative sexual assaultโ€ ifโ€”
(a) he penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a child or makes the child to do so with him or any other person; or
(b) he inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of the child or makes the child to do so with him or any other person; or
(c) he manipulates any part of the body of the child so as to cause penetration into the vagina, urethra, anus or any part of body of the child or makes the child to do so with him or any other person; or
(d) he applies his mouth to the penis, vagina, anus, urethra of the child or makes the child to do so to such person or any other person.

illogical to say that the offence contemplated in those provisions refers only to penetration by a penis.

โœจ Question: Difference between Section 63 BNS earlier 375 IPC and section 3 and 5 of POCSOโ“

Issue: Independent thought v. UoI, 2017 held 375 IPC and section 3 and 5 POCSO in pari materia that is no differentiation then why 'he' in POCSO is different than in IPC/BNS

The essential offence is same in both but 3 and 5 of POCSO is not
limited to the offence of rape.

375 IPC starts with Man and 3 & 5 POCSO starts with Person.

There is no reason why he should not be read as person in 3 and 5 therefore women can be held liable.

Credits: The Question is posed by Shubhi Shubhi.

@CurrentLegalGK
๐Ÿ‘8๐Ÿ˜1
๐Ÿ”” New criminal laws references

While reading POCSO I come accross section 2(2) and in particular IPC and CrPC but we all know new laws came.

Then what to do?

Should we refer new laws or not?

Any help from laws other than common sense.

Yes !

Section 8 of General Clauses Act 1897. Construction of references to repealed enactments
Where this Act, or any Central Act or Regulation made after the commencement of this Act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.

See the image for Notification and not only for short title but especially for change in section numbers.

@CurrentLegalGK
๐Ÿ‘3๐Ÿ‘Œ2๐Ÿ˜1