Tape Recorded conversation. Even if recorded secretly, can be used as evidence in court

Illegally or secretly recorded phone conversations can also be produced in court as evidence.

This gives power to people and journalists to trap corrupt public servants.

This can also be useful to those fighting false cases of 498A.

Delhi High Court gave detailed judgement in W.P.(Crl) 1582/2007 on 21/11/2012.

Among other, it relied on Case of R.M.Malkani versus Maharashtra 1973(1)SCC 471 to say that such contemporary tape recorded evidence is relevant and can be admissible in evidence.

Haresh Raichura
28/12/12

Gang Rape punishable with life Imprisonment.

Provision of gang rape is under Sec.376(2)(g).

Minimum punishment 10 years in jail. Maximum Life Imprisonment.

People are demanding to add death penalty in this section.

Haresh Raichura
24/12/12

Rape on separated wife, punishable with only two years jail

Sec.376A is about wife living separately from husband. If husband commits rape on her without her consent, punishment is only two years jail and fine.

This law is added in 1988.
Needs change.

Haresh Raichura
24/12/12

Selling a girl below 18 for prostitution is offense. But what about selling a girl above 18?

Selling a girl below age 18 for prostitution is offense under Sec.372 of IPC and punishable with 10 years jail.

But what about selling a girl above age 18?

The colonial laws need changes.

Haresh Raichura
24/12/12

Buying a girl below 18, for prostitution is offense under 373. But what about girls above 18?

Our colonial laws which needs changes.

Buying a girl below age 18, for prostitution business is offense punishable with 10 years jail under Sec.373 of IPC.

But what about buying a girl above 18 age for prostitution business?

The law needs changes.

Haresh

Rape on wife against her will is permitted under Exception to Sec. 375

Our laws need lots of changes.

Rape on wife against her will is permitted under Exception to Sec. 375 of I.P.C., provided that wife is not below age of 15. Exception says that this is excluded from definition of rape.

Such colonial laws must be changed by law makers.

Haresh Raichura
24/12/12

Sec.144 orders, what if violated? When it can be challenged ?

An order to prohibit public generally from visiting an area is passed under Sec.144(3) of Code of Criminal Procedure by a duly empowered Magistrate.

If such order is violated, police can arrest under Sec.188 of Indian Penal Code. Punishment upto 6 month jail.

In Case of Madhu Limaye, Supreme Court upheld validity of Sec 144 in 1970. Thereafter no one has challenged this section and it's misuse.

Such order can be challenged if it violates Constitutional rights or if made without following requirement of Sec.144 or if arrest goes beyond scope of order.

To make a person liable for violation of Sec.144, it must be proved that he had knowledge of such order and even then he violated order.

Interference with private individuals rights by 144 orders must be minimum. AIR 1988 SC 93

Haresh Raichura
24/12/12

SC directions to all courts to run session cases on day to day basis..

On 6th December, In case of Akil versus State of NCT of Delhi, SC has issued directions to all courts that session trials should be held on day to day basis. In para 26 it also notes Sec 309 proviso which says that rape cases be finished in two months after start of examination of witnesses.

Directions are issued to all courts. SC also asked trial courts to run sessions cases on day to day basis.

Ref: 2012(11)Scale page 709 Judgement date 6/12/12

Haresh Raichura
22/12/12

Ground for Divorce? Wife giving repeated threats of suicide amounts to cruelty to Husband

Wife suffered from mental illness and was giving repeated threats to husband to commit suicide. This amounts to cruelty. Supreme Court granted divorce to husband.

(Case reference : 2011(11)Scale page 278 SC order date 30-9-2011)

The more important question is how can husband prove that wife was giving repeated threat to commit suicide?

One or two certificate from a psychiatrist will not inspire confidence of Court. There must be evidence of prolonged treatment of wife which was going on since years for mental illness.

Each criminal case is decided by its own case. The judge has to feel satisfied about quality of evidence produced by husband.

Haresh Raichura
19/12/12

SC: Bank has to pay as per pass book entries- Bank liable for misdeeds of it's officials

Allegation was that some officials in Bank, manipulated ledger entries in customer account and withdrew amounts.

Bank was held liable to pay as per entries in passbook of customer by consumer courts. Order was upheld by SC.

Case reference : 2011(2)SCALE 417

Haresh Raichura
17/12/12

In corruption case, even if dept gives clean chit, court can still convict accused

In corruption case, even if dept gives clean chit, court can still convict accused.

Dept clean chit not binding on court.
2012(8)scale 424

Haresh Raichura
15/12/12

Criminal cases between family, if compromised, can be quashed by HC

SC: Even if non compoundable criminal cases between family members can be quashed by HC in Sec. 482

Gian Singh v State of Punjab order dated 24/9/12 in SLP Crl 8989 of 2010 reported in 2012 (9) Scale 257

If police is not investigating properly and not recording statement of complainant- Remedy

If police is not investigating properly and not recording statement of complainant- Remedy is to apply to Chief Judicial Magistrate and also to apply to record statement of complainant.

SC case reference : Judgement dated 27/9/2012 in Cri Appeal 1496 of 2012 titled Ajay Kumar Versus State of Rajsthan also reported in 2012(9) Scale page 542 para 24

Haresh Raichura
15/12/2012

Rehabilitation of Minor and other Sex Workers - Matter under Consideration of Supreme Court

Those who are concerned with rapes, should also think something about life of sex workers in cities and towns. They are looked upon with contempt by society. They are subject exploitation by police and by keepers of brothels.

Do they deserve better life conditions? How do they protect against deadly diseases like AIDs?

Do you have sympathy for them. 

A PIL is pending in Supreme Court. 

Case Reference
Budhadev versus State of West Bengal

2012(4) Scale page 567l

SC: Before searching any person, police has to inform that he has right to be searched in presence of Magistrate or a Gazetted officer in Narcotic Cases

In Narcotic Cases, Before searching any person, police has to inform that he has right to be searched in presence of Magistrate or a Gazetted officer

Myla Venkateshwara vs State of Andhra Pradesh 2012 (4) Scale 199

Haresh Raichura
14/12/12

Delay in appeals to court should be normally condoned unless malafide delay is proved by respondent

Delay in appeals to court should be normally condoned unless malafide delay is proved by respondent

Case: S. Ganeshraju v. Narsamma 2012 (4) Scale 152

25% poor children from neighborhood must be admitted in all private unaided schools also SC

25% poor children from neighborhood must be admitted in all private unaided schools also

SC Case reference: Society for unaided private schools versus State of Rajsthan. Reported in 2012 (4) Scale page 272

Haresh Raichura
14/12/12

Private Armies, Private Detectives/Private Securities - SC takes suo motto actions for their regulations

The cases are coming up where rich people are keeping private armies under guise of "Security Agencies"...

The misuse is obvious. 

Supreme Court has on it's own taken note of how private detective/Securities agencies are operating and how they are being licensed. It has issued notice to seek response from Government to know what rules and regulations are being followed for such "Security Agencies"

This case will lay down guidelines/rules for such agencies.


It has issued notice to Home Ministry on 21-11-12.

Red: 2012 (11) Scale 211

Sec. 66A Validity challenged in Supreme Court

Supreme Court is already examining legality of Sec 66A of IT Act.

Matter is pending. But no stay is granted on any part of 66A.

I cannot say anything about merits of above case nor I wish to prejudge above case nor do I wish to influence anyone.

But in my view Stay application in above matter need to be debated and some orders need to be passed.

Because, large number of people are using Face Book and Twitter.

There is no guideline except the guideline by Govt that no case will be registered without permission of a high officer.

This is no safeguard. People must be told what they can put on Facebook and Twitter and what they cannot.

Without these guidelines, the Act can be misused to target selected people with oblique motives.

This creates unnecessary concern about freedom of expression.

Let this law be cleared by SC as early as possible as it affects millions of Indians.

Haresh Raichura
5/2/2013