Tag Archives: IPC

Special law prevails over the general law: SC

The Supreme Court of India ruled that if no charge has been made out under Section 67 of IT Act (“Act”) in case of obscene material circulated over the internet, then the accused cannot be proceeded against under Section 292 of … Continue reading

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No sanction required to prosecute public servants: SC

The Supreme Court of India clarified that no sanction is required to initiate criminal proceedings against public servants for offences allegedly committed under Indian Penal Code if they are not acting or purporting to act in discharge of their official … Continue reading

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Legislators urged to relook Sec 304A IPC punishment: SC

Concerned over nonchalant attitude of the drivers, the Supreme Court of India urged legislators to consider enhancing the sentence for causing death due to rash and negligent driving. “The lawmakers should scrutinize, re-look and re-visit the sentencing policy in Section … Continue reading

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Special court can try other offences under special enactment: SC

The Supreme Court of India recently held that a special court alone would have the jurisdiction to try all the offences under a special enactment to avoid multiplicity of proceedings even if a number of persons are accused of offences under … Continue reading

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‘Soon before her death’ not synonymous with ‘immediately before’: SC

In an important ruling, the Supreme Court of India clarified that the expression “soon before her death” as used under Section 304B of Indian Penal Code is a relative expression and is not synonymous with “immediately before”. Section 304B of … Continue reading

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Constitution Bench to decide on remission of life sentences of Rajiv Gandhi killers: SC

A Large Bench of the Supreme Court of India referred the matter on remission of life imprisonment of convicts in Rajiv Gandhi assassination case to a Constitution Bench and continued its interim order of staying the State of Tamil Nadu … Continue reading

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True test of ‘juvenility’ is age and not mental maturity of the offender: SC

A Large Bench of the Supreme Court of India refused to ‘read down’ the provisions of the Juvenile Justice Act, 2000 (“Act”) to understand that the true test of ‘juvenility’ is not the age but in the level of mental … Continue reading

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