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Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court https://www.livelaw.in/supreme-court/rape-case-can-be-quashed-based-on-settlement-between-parties-in-exceptional-circumstances-supreme-court-297783
π§
FACTS: One FIR was filed for unlawfull assembly and in reaction another FIR was filed for Rape, both parties agreed to settle.
βAt the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.β, the court observed.
#BNSS@CurrentLegalGK
MADHUKAR v. STATE OF MAHARASHTRA 2025
FACTS: One FIR was filed for unlawfull assembly and in reaction another FIR was filed for Rape, both parties agreed to settle.
βAt the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.β, the court observed.
#BNSS@CurrentLegalGK
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nbk17072025crlmm29842023184012-610614.pdf
π§¬
FACTS: IO moved an Application under Sections 53/53A
Cr.P.C. seeking permission to get DNA analysis of Abhishek Paruthi to match with that of the foetus. this order of court was challenged in HC criminal revision.
DNA testing, which is an almost perfect science to determine the commission of an offence of rape, must not be declined especially when after 2006, Section 53A Cr.P.C. has been introduced making it almost compulsory in rape cases, to conduct the blood test including the DNA analysis. As has been noted above, in case the police fails to do so, it may invite the wrath of the Court and is also not in the interest of justice. It is one surest way of ascertaining the truth of the matter, which may result in exoneration of an Accused from false implication as much as may work in favour of the victim to bring the guilty to the books. It is not as a DNA Test works only in favour of the victim but in many a cases, may lead to honourable acquittal of the Accused.
WHEN 53A MAY NOT BE COMPULSORY
With regard to 53A The facts of each case have to be examined on their own merits and absolute evidence of non-access and that the factor of non-access to the victim, may be one such consideration for directing or refusing the blood sampling.
DIFFERENCE IN CIVIL AND CRIMINAL CASES IN DNA SAMPLE ORDERS
While there has been much debate in the matrimonial cases where there is a dispute between the husband and wife and the allegations of adultery have been made, the DNA testing which may bastardise the child, may not be in the interest of justice but the same presumptions and the
considerations do not prevail in the criminal case, more so, when it is a case of rape. The expediency and the advancement of technology mandates that the blood sample must be taken for DNA analysis.
#BNSS@CurrentLegalGK
#BSA@CurrentLegalGK
STATE OF NCT DELHI v. ABHISHEK PARUTHI 2025FACTS: IO moved an Application under Sections 53/53A
Cr.P.C. seeking permission to get DNA analysis of Abhishek Paruthi to match with that of the foetus. this order of court was challenged in HC criminal revision.
DNA testing, which is an almost perfect science to determine the commission of an offence of rape, must not be declined especially when after 2006, Section 53A Cr.P.C. has been introduced making it almost compulsory in rape cases, to conduct the blood test including the DNA analysis. As has been noted above, in case the police fails to do so, it may invite the wrath of the Court and is also not in the interest of justice. It is one surest way of ascertaining the truth of the matter, which may result in exoneration of an Accused from false implication as much as may work in favour of the victim to bring the guilty to the books. It is not as a DNA Test works only in favour of the victim but in many a cases, may lead to honourable acquittal of the Accused.
WHEN 53A MAY NOT BE COMPULSORY
With regard to 53A The facts of each case have to be examined on their own merits and absolute evidence of non-access and that the factor of non-access to the victim, may be one such consideration for directing or refusing the blood sampling.
DIFFERENCE IN CIVIL AND CRIMINAL CASES IN DNA SAMPLE ORDERS
While there has been much debate in the matrimonial cases where there is a dispute between the husband and wife and the allegations of adultery have been made, the DNA testing which may bastardise the child, may not be in the interest of justice but the same presumptions and the
considerations do not prevail in the criminal case, more so, when it is a case of rape. The expediency and the advancement of technology mandates that the blood sample must be taken for DNA analysis.
#BNSS@CurrentLegalGK
#BSA@CurrentLegalGK
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𧬠STATE OF NCT DELHI v. ABHISHEK PARUTHI 2025 FACTS: IO moved an Application under Sections 53/53A Cr.P.C. seeking permission to get DNA analysis of Abhishek Paruthi to match with that of the foetus. this order of court was challenged in HC criminal revision.β¦
#Question@CurrentLegalGK
Does an accused have a Right to undergo examination under 53/53A of CrPC to prove his innocence? Substantiate your asnwer with a case.
Does an accused have a Right to undergo examination under 53/53A of CrPC to prove his innocence? Substantiate your asnwer with a case.
Comment your asnwers π
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'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court https://www.livelaw.in/high-court/calcutta-high-court/pre-cognizance-hearing-us-2231-of-bnss-not-conducted-further-proceedings-areβ¦
π°π¨ββοΈ TUTU GHOSH v. ED 2025
POINTS FOR DETERMINATION:
1. Whether Section 506(c), BNSS mitigates the irregularity of non compliance of the first proviso to Section 223, BNSS
2. Whether precognizance hearing under Section 223, first proviso is a mere formality, the contravention of which does not render the consequential proceedings invalid.
HELD:
It was observed that Section 210 explains the concept of βempowered by lawβ. Section 223 is an umbrella provision which governs and circumscribes Section 210, but is itself not the source of power of the Magistrate to take cognizance of offences in the first place. Such power is derived from Section 210 itself. Thus, the expression βempowered by lawβ used in Section 506 relates to the authority of the Magistrate, be it territorial or hierarchical or otherwise, of the Magistrate to take cognizance under Section 210 in the first place and has nothing to do with the compliance under Section 223, first proviso, the court noted.
#BNSS@CurrentLegalGK
POINTS FOR DETERMINATION:
1. Whether Section 506(c), BNSS mitigates the irregularity of non compliance of the first proviso to Section 223, BNSS
2. Whether precognizance hearing under Section 223, first proviso is a mere formality, the contravention of which does not render the consequential proceedings invalid.
HELD:
It was observed that Section 210 explains the concept of βempowered by lawβ. Section 223 is an umbrella provision which governs and circumscribes Section 210, but is itself not the source of power of the Magistrate to take cognizance of offences in the first place. Such power is derived from Section 210 itself. Thus, the expression βempowered by lawβ used in Section 506 relates to the authority of the Magistrate, be it territorial or hierarchical or otherwise, of the Magistrate to take cognizance under Section 210 in the first place and has nothing to do with the compliance under Section 223, first proviso, the court noted.
#BNSS@CurrentLegalGK
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π°π¨ββοΈ TUTU GHOSH v. ED 2025 POINTS FOR DETERMINATION: 1. Whether Section 506(c), BNSS mitigates the irregularity of non compliance of the first proviso to Section 223, BNSS 2. Whether precognizance hearing under Section 223, first proviso is a mere formalityβ¦
#Question@CurrentLegalGK
What is the consequences of not following a procedure in BNSS whether it vitiates the proceedings, even if it does not fall within the ambit of 506 and 507 of BNSSβ
What is the consequences of not following a procedure in BNSS whether it vitiates the proceedings, even if it does not fall within the ambit of 506 and 507 of BNSSβ
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Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-full-bench-reference-hindu-wife-maintenance-immovable-property-298277
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-full-bench-reference-hindu-wife-maintenance-immovable-property-298277
www.livelaw.in
Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench
The Kerala High Court has referred for consideration of the Full Bench the question of entitlemen
[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-judgment-husband-acquittal-wife-cruelty-case-section-498a-ipc-298255
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-judgment-husband-acquittal-wife-cruelty-case-section-498a-ipc-298255
www.livelaw.in
[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates
While considering a cruelty case lodged against a husband and his kin, the Kerala High Court observed that sole evidence of a domestic violence victim is reliable for conviction in such cases as often...
π§ #Question@CurrentLegalGK
Can there be a situation in India where there will be no president as per law? whether the same law applies to vice president cite law on point.
Can there be a situation in India where there will be no president as per law? whether the same law applies to vice president cite law on point.
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https://www.livelaw.in/supreme-court/right-to-digital-access-part-of-article-21-supreme-court-directs-to-make-ekyc-process-accessible-to-persons-with-disabilities-290778
π₯οΈπ² βΏ AMAR JAIN v. UoI
The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assisted technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy and the scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.
In such circumstances, the State's obligation under Article 21 read with Articles 14, 15 and 38 of the Constitution must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs to all vulnerable marginalised populations.
Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.
:
The right to digital access therefore emerges as an instinctive component of the right to life and liberty, necessitating that the state proactively design and implement inclusive digital ecosystem that serves not only the privileged but also the marginalised and those who are being historically excluded."
#COI@CurrentLegalGK
The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assisted technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy and the scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.
RATIO:
In such circumstances, the State's obligation under Article 21 read with Articles 14, 15 and 38 of the Constitution must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs to all vulnerable marginalised populations.
Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.
THE RIGHT
:
The right to digital access therefore emerges as an instinctive component of the right to life and liberty, necessitating that the state proactively design and implement inclusive digital ecosystem that serves not only the privileged but also the marginalised and those who are being historically excluded."
#COI@CurrentLegalGK
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[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-judgment-husband-acquittal-wife-cruelty-case-sectionβ¦
SAJHUDHEEN v. SUB INSPECTOR OF POLICE 2025 KER HC
Sole testimony of wife capable of conviction?
"...it is to be noted that, in cases relating to domestic violences, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house. Therefore, I am of the view that there is nothing wrong in relying on the solitary evidence of PW1 in entering into a conviction, provided the evidence is convincing and reliable".
What does not constitutes Cruelty
" In essence, not every instance of harassment and ill-treatment amounts to cruelty. Only those acts that fall within the 1st and the 2nd limb of the explanation to Section 498-A, defining cruelty, would qualify as acts of cruelty for the purpose of Section 498-A of IPC. Petty quarrels between spouses in a family do not amount to cruelty. Such disagreements are inherent to family life, as husbands and wives, being human, are prone to differences of opinion and trivial verbal altercations. These natural occurrences, by themselves, do not amount to cruelty. Likewise, a single instance of harassment generally does not constitute an offence under Section 498-A of the IPC. However, it cannot be said in absolute terms that a series of acts of cruelty is always needed to prove cruelty. A single act may suffice for a conviction under Section 498-A of IPC, if it is severe enough to meet the legal definition of cruelty".
#DV@CurrentLegalGK
Sole testimony of wife capable of conviction?
"...it is to be noted that, in cases relating to domestic violences, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house. Therefore, I am of the view that there is nothing wrong in relying on the solitary evidence of PW1 in entering into a conviction, provided the evidence is convincing and reliable".
What does not constitutes Cruelty
" In essence, not every instance of harassment and ill-treatment amounts to cruelty. Only those acts that fall within the 1st and the 2nd limb of the explanation to Section 498-A, defining cruelty, would qualify as acts of cruelty for the purpose of Section 498-A of IPC. Petty quarrels between spouses in a family do not amount to cruelty. Such disagreements are inherent to family life, as husbands and wives, being human, are prone to differences of opinion and trivial verbal altercations. These natural occurrences, by themselves, do not amount to cruelty. Likewise, a single instance of harassment generally does not constitute an offence under Section 498-A of the IPC. However, it cannot be said in absolute terms that a series of acts of cruelty is always needed to prove cruelty. A single act may suffice for a conviction under Section 498-A of IPC, if it is severe enough to meet the legal definition of cruelty".
#DV@CurrentLegalGK
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Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-full-bench-reference-hindu-wife-maintenance-immovable-propertyβ¦
π¨ββοΈπ¨ββοΈπ¨ββοΈ
Question to be considered.
Is a Hindu wife entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoptions and Maintenance Act, 1956? (conflicting judgments of division bench)
Applicability of section 39 of transfer of property act is also questioned.
#TPA@CurrentLegalGK
Sulochna v. Anitha (referred to full bench)Question to be considered.
Is a Hindu wife entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoptions and Maintenance Act, 1956? (conflicting judgments of division bench)
Applicability of section 39 of transfer of property act is also questioned.
#TPA@CurrentLegalGK
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sivanandan-610724.pdf
π¨ββοΈ SIVANANDAN v. ANI 2025 (KER HC)
1. SECTION 68 EVIDENCE ACT:
The proviso to Section 68 of the Act, 1872, mandates the requirement of examining the attesting witness, if the gift deed is denied by the executant.
(Surendra Kumar v. Nathulal, 2001)
2. ARTICLE 61 LIMITATION v. SECTION 60 TPA
No doubt, the period of limitation for redemption of mortgage is governed by Article 61 of the Limitation Act 1963. However, the said provision must be read along with Section 60 of the Transfer of Property Act, 1882. The right of redemption is a statutory right and can be extinguished only by the stipulations contained under the proviso to Section 60. Proviso to Section 60 says that the right conferred under the section can be extinguished by the act of the parties or decree of a court. It must be remembered that when the right of redemption is curtailed on the ground that the suit is not filed within 30 years from the date of mortgage, then the same will be in conflict with proviso to Section 60 of the Act of 1882.
"In the absence of any suit for foreclosure, going by the principle, once a mortgage is always a mortgage, the right to redeem the mortgage continues until a decree for sale is passed in a suit for foreclosure and that the property is put for sale upon a final decree being passed. Therefore, the trial court as well as the first appellate court erred egregiously in holding that the suit for redemption of mortgage was time barred
3. REGISTRAR CAN BE A WITNESS?
There is no bar under Section 123 of the Act, 1882, for a Registrar to be an attesting witness, provided he has signed the gift deed with the required animusβ (Animus Attestandi)
#TPA@CurrentLegalGK
1. SECTION 68 EVIDENCE ACT:
The proviso to Section 68 of the Act, 1872, mandates the requirement of examining the attesting witness, if the gift deed is denied by the executant.
(Surendra Kumar v. Nathulal, 2001)
2. ARTICLE 61 LIMITATION v. SECTION 60 TPA
No doubt, the period of limitation for redemption of mortgage is governed by Article 61 of the Limitation Act 1963. However, the said provision must be read along with Section 60 of the Transfer of Property Act, 1882. The right of redemption is a statutory right and can be extinguished only by the stipulations contained under the proviso to Section 60. Proviso to Section 60 says that the right conferred under the section can be extinguished by the act of the parties or decree of a court. It must be remembered that when the right of redemption is curtailed on the ground that the suit is not filed within 30 years from the date of mortgage, then the same will be in conflict with proviso to Section 60 of the Act of 1882.
"In the absence of any suit for foreclosure, going by the principle, once a mortgage is always a mortgage, the right to redeem the mortgage continues until a decree for sale is passed in a suit for foreclosure and that the property is put for sale upon a final decree being passed. Therefore, the trial court as well as the first appellate court erred egregiously in holding that the suit for redemption of mortgage was time barred
3. REGISTRAR CAN BE A WITNESS?
There is no bar under Section 123 of the Act, 1882, for a Registrar to be an attesting witness, provided he has signed the gift deed with the required animusβ (Animus Attestandi)
#TPA@CurrentLegalGK
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BREAKING| No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines
https://www.livelaw.in/supreme-court/no-arrest-s498a-ipc-refer-cases-to-family-welfare-committees-supreme-court-endorses-allahabad-hc-guidelines-298454
https://www.livelaw.in/supreme-court/no-arrest-s498a-ipc-refer-cases-to-family-welfare-committees-supreme-court-endorses-allahabad-hc-guidelines-298454
www.livelaw.in
No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines
The Supreme Court today (July 22) endorsed the
β€3π2π1
BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage
https://www.livelaw.in/articles/cognizance-of-offence-mandatory-accused-hearing-section-223-bnss-analysis-298387
IMPORTANT FOR #BNSS@CurrentLegalGK section 223
https://www.livelaw.in/articles/cognizance-of-offence-mandatory-accused-hearing-section-223-bnss-analysis-298387
IMPORTANT FOR #BNSS@CurrentLegalGK section 223
www.livelaw.in
BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage
Before taking cognizance of an offence, on a complaint filed on or after 01.07.2024, the Magistrate shall afford the accused an opportunity of being heard. Compliance with this requirement...
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
https://www.livelaw.in/supreme-court/registered-will-carries-presumption-of-genuineness-burden-of-proof-on-party-disputing-its-validity-supreme-court-298355
https://www.livelaw.in/supreme-court/registered-will-carries-presumption-of-genuineness-burden-of-proof-on-party-disputing-its-validity-supreme-court-298355
www.livelaw.in
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
The Supreme Court on Monday (July 21) reiterated that a registered 'Will' carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the...
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BREAKING| No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines https://www.livelaw.in/supreme-court/no-arrest-s498a-ipc-refer-cases-to-family-welfare-committees-supreme-court-endorsesβ¦
π¨ββοΈπ¨ββοΈ
26. The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to βConstitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
#BNS@CurrentLegalGK
#DV@CurrentLegalGK
#DOWRY@CurrentLegalGK
Shivangi Bansal v. Sahib Bansal26. The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to βConstitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
#BNS@CurrentLegalGK
#DV@CurrentLegalGK
#DOWRY@CurrentLegalGK