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Showing posts with the label CrPC

Supreme Court Expands Scope of ‘Victim’ Under Criminal Law

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Introduction: A Shift Towards Victim-Centric Criminal Justice In a significant ruling reinforcing victim rights in India’s criminal justice system, the Supreme Court has held that criminal revision proceedings do not automatically abate upon the death of the person who initiated them . The Court clarified that legal heirs or children of a deceased victim can continue such proceedings , provided they fall within the statutory definition of a “victim”. This judgment strengthens the victim-centric approach in criminal law and prevents substantive justice from being defeated by procedural technicalities. Factual Background of the Case The ruling arose from appeals filed by Syed Shahnawaz Ali , whose father had initiated criminal proceedings alleging that the accused had fabricated a sale deed to illegally claim ownership of his property . Key Facts: The trial court discharged the accused of several serious offences. The trial was permitted to continue only for the offence of cheating. Ag...

RIGHTS UNDER SC/ST ACT SHOULD NOT BE MISUSED: ALLAHABAD HIGH COURT OBSERVATION

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The Allahabad High Court has delivered an important order addressing the balance between the protection granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the need to prevent its misuse. While granting bail to two accused in a rape case, the Court underscored that the Act’s victim-centric provisions must not be abused. CASE BACKGROUND: NINE-YEAR DELAY IN FIR In the case before the Allahabad High Court, Justice Anil Kumar heard the bail applications of two appellants, Aznan Khan and Furkan Ilahi, accused of rape and offences under the SC/ST Act. The victim lodged an FIR in 2025 alleging offences that occurred in 2016. According to her statement, Furkan met her in 2016, took her to a hotel and then to the residence of co-accused Aznan Khan, where the alleged assault occurred. She stated that she remained silent for nearly nine years based on Furkan’s assurance that he would marry her. She further alleged continued physical r...