CIRCULAR PREVENTING APPOINTMENT DUE TO A PENDING CASE UNDER SECTION 498A IPC REJECTED: RAJASTHAN HC
Case Name: Amrit Pal v State of Rajasthan & Ors.
The court has set aside the order that barred a person’s appointment to a lower division clerk post due to a pending case against him under Section 498A(cruelty) filed by his wife. It observed that the accused is presumed innocent until proven guilty, and the enforcement of such an order would be violative of rights guaranteed under Articles 14 and 21.
Legal Provisions:
- Section 498A, The Indian Penal Code, 1860- Husband or relative of husband of a woman subjecting her to cruelty.
- Article 14, Constitution of India- Equality before law.
- Article 21, Constitution of India -Protection of life and personal liberty.
Source: RAJASTHAN HIGH COURT
DOWRY DEATH CAN’T BE PRESUMED WITHOUT CLEAR PROOF OF PERSISTENT HARASSMENT: SUPREME COURT
Case name: Ram Pyarey V. The State Of Uttar Pradesh
An accused was acquitted of cruelty and abetment of suicide by the Supreme Court in a case where the wife committed suicide with kerosene while noting that to invoke Section 113B (Presumption as to dowry death) of the Indian Evidence Act 1872, clear evidence of continuous harassment is essential and in the absence of that proof, the provision cannot be applied.
Legal Provisions:
- Section 113-B, The Indian Evidence Act, 1872-Presumption as to dowry death.
- Section 306, The Indian Penal Code, 1860- Abetment of suicide.
- Section 498A, The Indian Penal Code, 1860- Husband or relative of husband of a woman subjecting her to cruelty.
Source: SUPREME COURT
INDIVIDUALS NOT NAMED IN THE CHARGESHEET CAN BE SUMMONED IF EVIDENCE IS PRESENT ABOUT THEIR INVOLVEMENT: PATNA HIGH COURT
Case Name: Draupadi Kunwar and Ors vs The State of Bihar and Anr.
While relying on the case of Hardeep Singh v. State of Punjab (2014), the court held that a person whose name is not mentioned in the chargesheet can still be called to the court if strong evidence about their involvement in the offense is found during the trial under Section 319, The Code of Criminal Procedure India in a case where the witnesses testified a person’s involvement in setting fire to a hut though his name is not in the charge sheet.
Legal Provisions
Section 319, The Code of Criminal Procedure India, 1973 – Power to examine the accused.
SOURCE: PATNA HIGH COURT
Also Read- (DAILY CURRENT AFFAIRS 13 JANUARY 2025)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri
