Contact is not the same as intent: an elbow hit to a woman’s chest does not by itself show the intent to outrage modesty needed for an offence under Section 354 of the Indian Penal Code, the Kerala High Court has held. Kochi: Setting aside a conviction under Section 354 of the Indian Penal Code […]
The Kerala High Court has quashed a case under the Prevention of Insults to National Honour Act against a man who shared a photo holding the National Flag with the saffron colour facing down, holding that intention is essential and that a mistake is no offence, while ruling that a private WhatsApp group with many members is a place within public view.
The Bombay High Court has declined to discharge the man accused of abetting the 2004 suicide of former Miss India Universe Nafisa Joseph, holding that at the discharge stage it could not be conclusively said that the ingredients of the offence were absent, and clearing the way for the long-stayed trial to proceed. Mumbai: The […]
The Supreme Court held that a company can be prosecuted for offences requiring mens rea even without arraigning any director or employee, laying down a framework for attributing criminal intent to corporations. New Delhi: In a significant ruling on corporate criminal liability, the Supreme Court has held that a company can be prosecuted for an […]
A Delhi court dismissed a woman’s defamation complaint against her husband, who had accused her of cruelty and adultery in a divorce petition. The court emphasized that defamation requires intention to harm reputation. It also cautioned against using the criminal justice system for personal disputes, reinforcing that legal proceedings should not be misused.
The Supreme Court ruled that proving mens rea is essential for abetment of suicide under Section 306 of the IPC. In a case involving a man and his family accused of motivating his wife’s suicide, the court determined insufficient evidence of intent to sustain charges, emphasizing a critical temporal link between instigation and the act.
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The Supreme Court reinforced that delays in filing complaints about marital cruelty do not negate the existence of such cruelty, as evidenced in a case involving a deceased woman’s husband and in-laws. While they were not charged with abetting suicide, proceedings under Section 498A IPC will continue based on allegations of mental and physical harassment.