Court : Supreme Court of India
..... 2013, post the nirbhaya case, the criminal law amendment act 2013 was brought into force which amended section 376 ..... 63 now section 376(1), as it stood at the material time prior to its substitution by act 13 of 2013, was substituted by the criminal law (amendment) act 1983 (act 43 of 1983) with effect ..... that cover these topics and the intersectional nature of violence more generally; (ii) trained special educators and interpreters must be appointed to ensure the effective realization of the reasonable accommodations embodied in the criminal law amendment act, 2013. ..... the criminal law amendment act 1983 was introduced with the aim of bringing widespread amendments to the laws of rape in the country, making it difficult for ..... is a member of a scheduled caste or a scheduled tribe or such property belongs to such member shall be punishable with imprisonment for life and with fine the scheduled castes and the scheduled tribes (prevention of atrocities) amendment act, 2015, w.e.f 26 january 2016, amended section 3(2)(v) and currently states: (2) whoever, not being a member of a scheduled caste or a scheduled tribe, (v) commits any offence under the indian penal code (45 of 1860) punishable with imprisonment for a term of ..... section 54a, ..... in national crime records bureau on cases of gender-based violence against women and girls with disabilities, including violence inflicted by intimate partners; limited availability of accessible shelters for women with 35 crpc, section 54a, proviso 1. .....
Tag this Judgment!Court : Supreme Court of India
..... section 54a has been inserted in the statute by the amending act 13 of 2013 ..... one who committed an offence, particularly by officers who are competent to launch a prosecution against him, he has been accused of an offence within the meaning of article 20(3) and he can claim protection under that provision of law and, therefore, the extortion of any evidentiary material even at the stage of investigation, as in the present case, which may aid in the making out of a case against him may be within the meaning of condemnation ..... this appeal, by special leave, is at the instance of a convict accused and is directed against the judgment and order dated 28.02.2014 passed by the high court of delhi in criminal appeal no.1246 of 2011 by which the high court dismissed the appeal and thereby affirmed the judgment and order of conviction dated 08.04.2011 and the order on sentence of life imprisonment ..... aspect, i cannot help repeating, was also stressed by holmes, j.in the case of (1910) 218 us245by observing: but the prohibition of compelling a man in a criminal court to be witness against himself is a prohibition of use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when ..... upon conclusion of the recording of evidence, the further statement of the appellant convict under section 313 of the code of criminal procedure, 1973 (crpc) was recorded in which the appellant convict stated that he had 17 refused for the tip as he was already shown .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All694
..... section 7 of the criminal law amendment act of 1952 is in these words : '7(1) notwithstanding anything contained inthe code of criminal procedure 1898 (act 5of 1898) or in any other law the offencesspecified in sub-section (1) of section 6 shall be triableby special judges only. ' 2. ..... this is an application in revision by the state against an order of the learned sessions judge of lucknow holding that by virtue of section 7 of the criminal law amendment act (act 46 of 1952), he had no jurisdiction to continue the trial of the case. ..... ' if the intention of the legislature was that sessions trials involving offences mentioned in section 6 of the criminal law amendment act were also to be so transferred to the file of the special judge then it would have been clearly put down by the legislature in this section or in some other separate section. 8. ..... it only emphasizes the fact that special judges were to have exclusive jurisdiction from the moment the act came into force in respect of offences mentioned in section 6 of the criminal law amendment act and no more. 6. ..... the only word in the section which possibly caused difficulty to the learned sessions judge is the word 'only' after the words 'special judges' in section 7 (1) of the criminal law amendment act of 1952. ..... a reading of section 7 of the criminal law amendment act which we have quoted earlier in this judgment indicates to us that the section has not been made retrospective by the legislature specifically. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom459; (1951)53BOMLR739; 1953CriLJ37
..... action of the petitioners amounted to what he described as peaceful picketing and was merely the exercise of the fundamental rights of freedom of speech and expression and of right to move freely throughout the territory of india, and in so far as section 7, criminal law amendment act, placed any restriction thereon, it was not covered by the provisions of clause (a) and was not a reasonable restriction within the meaning of clause (5) of article 19. 7. ..... therefore, even if we were to assume the correctness of the american view, picketing in connection with an illegal strike cannot be justified, and in so far as section 7 of the criminal law amendment act makes such picketing illegal, that sectioncannot be deemed to lay down an unreasonable restriction on the right to freedom of movement. 16. ..... ' bat unless we are in a position to pronounce that the restriction imposed upon the freedom of movement by section 7, criminal law amendment act, is definitely unreasonable in the interests of the general public, then only will it be possible for us to hold that it is contrary to the fundamental rights guaranteed by the constitution ..... in our case, even if we are wrong in the view that section 7 of the criminal law amendment act is valid in so far as it makes peaceful picketing illegal even in connection with a lawful strike, that section can, on the american authorities also, be deemed to be valid at least to the extent that it makes illegal any picketing in connection with an illegal strike .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All56; 1956CriLJ13
..... but in view of the definite statement contained in the sub-inspector's counter-affidavit that the petitioner was told that he was being arrested under section 7, criminal law amendment act, 1932, we were not disposed to permit the respondents to file another affidavit on the same point.i take it that the ground for his arrest was communicated to the petitioner as mentioned ..... there is no question of our quashing the proceedings pending against him, because whether he has done the act alleged to have been done by him and whether it amounts to an offence punishable under section 7, criminal law amendment act are questions which will be decided during the trial and cannot be decided in advance of it.it may be that the applicant's freedom will be short-lived because he can be arrested again and detained after full ..... so assuming (without deciding) that certain parts of sub-section (1) of section 7 of the act are ultra vires the constitution, the entire section 7 cannot be condemned on that ground.i hold that section 7, criminal law amendment act (23 of 1932) is intra vires the constitution at least so far as it relates to the charge ..... the precise charge need not be formulated, provided that tbe accused is told the act for which he is arrested'.i, therefore, agree with my learned brother that when the applicant was informed at the time of his arrest that he was arrested under section 7, criminal law amendment act, it did not amount to his being informed of the grounds for his arrest .....
Tag this Judgment!Court : Gujarat
Reported in : 1981CriLJ232; (1980)2GLR926
..... offence, otherwise non-cognizable, is committed in urban areas, without the police having the power to arrest an offender, it is likely to lead to unhealthy developments in the society, therefore, the policy and philosophy which section 10 of the criminal law amendment act,_ 1932 incorporates art) such as have rational nexus with the maintenance of law and order in urban areas where there is a large expansion of industrial and political activities. ..... , applying the rule of construction laid down in section 8 of the general clauses act, 1897, we read both in section 10 of the criminal law amendment act, 1932 and in the impugned notification reference to ..... we are, therefore, required in this case to decide whether sub-sections (11 and (2) of section 10 of the criminal law amendment act, 1932, are intra vires article 14 or ultra vires it and whether the notification or notifications issued thereunder ..... the provision so re-enacted,(2) where before the fifteenth day of august, 1947, any act of parliament of the united kingdom repealed and re-enacted, with or without modification, any provision of a former enactment, then references in any central act or in any regulation or instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enanted.therefore, applying the rule of construction laid down in section 8 of the general clauses act, we must read in section 10 of the criminal law amendment act, 1932. cr. p.c. .....
Tag this Judgment!Court : Chennai
Reported in : 14Ind.Cas.896
..... in this case fourteen persons were tried by a special bench of this court, constituted under section 6(b) of the indian criminal law amendment act, 108, for an offence punishable under section 121a, indian penal code (conspiring to commit certain offences against the state), and also with abetting the ..... code. then, the local government under section 2 of the indian criminal law amendment act directed that the provisions of that act should apply to those proceedings, that is, among other matters, the magistrate who had taken cognizance of the offence should send the accused to the high court for trial upon charges to ..... category. in a recent important trial under the criminal law amendment act, 1908, for an offence under section 1210 of the indian penal code in the calcutta high ..... . in the present case under section 11(3) of the criminal law amendment act, 1908, the decision is that of the majority of the court, and the reasons for that decision have been given in a most ..... 26.64. it has further been urged by the advocate-general that the object of the indian criminal law amendment act is to provide for the speedy trial of offences of a particular description and if article 26 of the letters patent applied, this ..... advocate-general, who appeared for the crown, has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have, therefore, no jurisdiction to review the .....
Tag this Judgment!Court : Supreme Court of India
..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to ..... section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. ..... the 8 judicial endeavour must, therefore, always be to make the provision of the laws introduced and inserted by the criminal laws (second amendment) act, 1983 more efficacious and effective in view of the clear purpose behind the introduction of the provisions in question, as already noticed.14. ..... to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. .....
Tag this Judgment!Court : Supreme Court of India
..... of considerable significance is the introduction of section 113a in the indian evidence act by the criminal law (second amendment) act, 1983 providing for presumption as to abetment of suicide by a married woman to be drawn if such suicide had been committed within a period of seven years from the date of marriage of the married woman and she had been subjected to ..... section 498a of the indian penal code was introduced by the criminal law (second amendment) act, 1983. ..... the 8 judicial endeavour must, therefore, always be to make the provision of the laws introduced and inserted by the criminal laws (second amendment) act, 1983 more efficacious and effective in view of the clear purpose behind the introduction of the provisions in question, as already noticed.14. ..... to answer the above question, one will have to look into the statement of objects and reasons of the criminal law [2nd amendment act, 1983 (act 46 of 1983)]. ..... the protection of women from domestic violence act, as the object behind its enactment would indicate, is to provide a civil remedy to victims of domestic violence as against the remedy in criminal law which is what is provided under section 498a of the indian penal code. ..... in addition to the aforesaid amendment in the indian penal code, the provisions of sections 174 and 176 of the code of criminal procedure, 1973 relating to inquiries by police in case of death by suicides and inquiries by magistrates into cause of such deaths were also amended. .....
Tag this Judgment!Court : Chennai
Reported in : (1912)22MLJ490
..... in this case fourteen persons were tried by a special bench of this court, constituted under section 6(6) of the indian criminal law amendment act, 1908, for an offence, punishable under section 121 a, indian penal code (conspiring to commit certain offences against the state), and also with abetting the ..... . then the local government under section 2 of the indian criminal law amendment act directed that the provisions of that act should apply to those proceedings, that is, among other matters, the magistrate who had taken cognizance of the offence should send the accused to the high court for trial upon charges to be ..... . in a recent important trial under the criminal law amendment act, 1908, for an offence under section 121 a of the indian penal code in the calcutta high court ..... . in the present case under section 11(3) of the criminal law amendment act, 1908, the decision is that of the majority of the court, and the reasons for that decision have been given in a most careful ..... . it has further been urged by the advocate-general the object of the indian criminal law amendment act is to provide for the speedy trial of offences of a particular description and if article 26 of the letters patent applied this object ..... advocate-general who appeared for the crown has taken the preliminary objection that article 26 of the letters patent has no application to a case tried in accordance with the provisions of the indian criminal law amendment act and we have therefore no jurisdiction to review the case .....
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