👮‍♀️ Custody period Judgment

∆ Case: Hyder Ali v.State of Karnataka, 2024

167 CrPC: Not less than 10 years and 187 BNSS: 10 years or More ——>
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.

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If you have understood you will be able to answer the following:
Share examples of offences where as per this phraseology 90 days custody can be given.

Irretrievable Breakdown of Marriage Live law notes.

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Notes On discharging The Accused And Framing Charge Against The Accused

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👨‍⚖️ Sundari Gautam v. State of NCT Delhi, 2024

✨ Can a Women be convicted under section 4
Punishment for aggravated penetrative sexual assault❓

Ans. It is clear that the pronoun he‟ 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 – regardless of whether an offence is committed upon a child by a man or a woman – 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.

✨ Section 2(10) BNS-
“gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender.

✨ Section 3 of POCSO reads as under:

3. Penetrative sexual assault.—A person is said to commit “penetrative sexual assault” if—
(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.

✨ Question: Difference between Section 63 BNS earlier 375 IPC and section 3 and 5 of POCSO❓

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.

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🔔 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.

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🎉🏆 Congratulations

30 Days Challenge is Complete 💯✅

Winners are—
Sushmita, Anmol, Bhavna, Jay kumar Singhal, chakshu, mansi, nikhil, shekh jeba, Param, Aman
and there are many who could not complete 21 days but were very close.

Congrats to everyone of those who have atleast tried.

Lesson: If you can control your extreme bodily wants then these exams are not that difficult for you to overcome.

Next Challenge starts from Today and will end after:

✓60 Days.
✓6 AM Daily.

A very good morning everyone 😊🌞🙏😊🤗
Have a nice day to all of you 😊🤗🙏
Timing :- 7:45 AM !

🌅 BEST Image from last 2 days.

🏛️👨‍⚖️ Judicial Review combined with legislative review will have better effect.

Cooperative between organs | Separation of powers.

During the course of the hearing, Justice Kant remarked, "With every law, there should be a legislative review. Reviews should not only be confined to judicial reviews, there should be legislative reviews of laws from time to time. You may have it every 20 years, 25 years or 50 years."
Justice Kant, suggesting that there be an expert body to undertake periodic legislative review, said, "One should have an expert body to find out whether a law has worked well, what was the object for which it was enacted and has it really succeeded in achieving that object. If not, what are the deficiencies, bottlenecks and grey areas which need to be taken care of."

My Question:
Then What is the work of Law commission❓

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Improper Rejection Of Juvenility Claim Even In SC's Curative Jurisdiction Not Final; Fresh Plea Can Be Raised : Supreme Court
https://www.livelaw.in/top-stories/improper-rejection-of-juvenility-claim-even-in-scs-curative-jurisdiction-not-final-fresh-plea-can-be-raised-supreme-court-280421

🎒🏫 What's above and after curative Petition? It is plea of juvenility

Note: Read whole.
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NRI PIO OCI COMPARATIVE CHART

FAQs https://www.mea.gov.in/faq-overseas-indians.htm

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👨‍⚖️👨‍⚖️👨‍⚖️ CJI Influence on constitution benches

As Nick Robinson noted in Interpreting the Constitution: Supreme Court Constitution Benches since Independence (2011), the Supreme Court of India has historically been "chief justice dominant." The article suggests that CJIs may have strategically chosen bench compositions to align decisions with their preferences. This is evident from the fact that between 1947 and 2009, the CJI dissented only 10 times on constitutional benches.

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✨ India Legal Magazine
The Best of 2024

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CJI & Supreme Court Judges Not Amenable To Lokpal's Jurisdiction: Lokpal
https://www.livelaw.in/top-stories/cji-supreme-court-judges-not-amenable-to-lokpals-jurisdiction-lokpal-280500

The Lokpal held that a Judge of the Supreme Court does not come within the ambit of its jurisdiction in terms of Section 14 of the Lokpal and Lokayuktas Act, 2013.
As per Section 14, Lokpal has jurisdiction over a person who is or has been the Prime Minister, Union Minister, Member of Parliament, Group 'A', 'B', 'C' or 'D' officials serving the Union etc.

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