Posts

Showing posts with the label IPC

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

Image
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...

Police in Baramulla Install GPS Tracking Device on Bailed Out LeT Terror Associate

Image
Police in Baramulla Install GPS Tracking Device on Bailed Out LeT Terror Associate Baramulla, Jammu & Kashmir – In a significant move to enhance surveillance and ensure compliance with bail conditions, police in Baramulla have installed a GPS tracking device on a terror associate linked to the Lashkar-e-Taiba (LeT). This action follows a court order and aims to monitor the movements of the under-trial individual who has been granted bail. The accused was arrested under case FIR No 104/2023 at Police Station Uri, charged with sections 13, 18, 18B, 20, 23, 40 of the Unlawful Activities (Prevention) Act (UA(P) Act), 120B of the Indian Penal Code (IPC), and section 7/25 of the Arms Act. The GPS anklet will ensure that the terror associate adheres to the conditions set by the court while on bail. Pioneering Use of GPS Tracking in Kashmir This is not the first instance of using GPS trackers for monitoring accused individuals in Jammu and Kashmir. Earlier, the police in Kupwara district ...

Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law

Image
Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law The Supreme Court of India on Friday issued a notice to the Centre regarding a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita. This significant move came as a bench headed by Chief Justice of India DY Chandrachud decided to tag the matter with an existing petition challenging the same provision under the Indian Penal Code (IPC), scheduling further hearings for July. Petition by All India Democratic Women's Association The plea challenging the marital rape exception was filed by the All India Democratic Women's Association (AIDWA), with Senior Advocate Karuna Nundy representing the petitioner. The AIDWA's petition is part of a broader movement seeking the removal of legal protections that currently exempt husbands from rape charges within marriage. Background of the Issue Several petitions have previously been filed in th...