Current Affairs | Uncategorized

DAILY CURRENT AFFAIRS (17 JULY 2024)

by | Jul 17, 2024

SC RULES DEPOSIT CONDITION FOR SUSPENDING SENTENCE UNJUSTIFIED

Case: Nikhil vs. State of Maharashtra

The Supreme Court declared that requiring a convict to deposit 50% of the compensation ordered under Section 357 CrPC to suspend a sentence is unjustified. This decision annulled a Bombay High Court directive in a case involving a criminal breach of trust worth Rs 2.8 crores.

 

Legal Provisions and Framework:

  • Section 357 of the Code of Criminal Procedure (CrPC):
    • Allows courts to order compensation for crime victims.
    • Intended to provide financial relief to victims.
  • Section 389 of the CrPC:
    • Governs the suspension of sentences during appeals.
    • Permits appellate courts to suspend a sentence and grant bail.
  • Supreme Court’s Justification:
    • Cited Dilip S. Dahanukar vs. Kotak Mahindra Co. Ltd. [2007 (6) SCC 528].
    • Stressed that requiring a deposit undermines Section 357’s objective.

Source- Supreme Court of India 

 

SC DEMANDS COMPLIANCE ON TRANSGENDER AFFIRMATIVE ACTION

Case: Kamlesh & Ors. v. Niten Chandra & Ors.

The Supreme Court has ordered various states and union territories to report on their compliance with the 2014 NALSA judgment, which mandates affirmative action for the transgender community. The court has set a response deadline of August 31, 2024, highlighting the lack of effective reservation policies for transgender individuals.

 

NALSA v. Union of India (2014):

  • Recognized transgender individuals as a third gender.
  • Directed governments to classify transgender persons as socially and educationally backward.
  • Called for reservations in education and employment.

Article 14 of the Indian Constitution:

  • Ensures equality before the law and equal protection of the laws.

Articles 15(4) and 15(5):

  • Permit the state to make special provisions for socially and educationally backward classes.

Contempt Petition:

  • Filed due to non-implementation of the NALSA judgment.
  • Required states and union territories to report compliance by August 31, 2024.

Source- Supreme Court of India

Ref- Supreme Court of India 

 

SC OVERTURNS PROSECUTION WITHDRAWAL IN DOUBLE MURDER CASE

Case: Shailendra Kumar Srivastava vs. State of Uttar Pradesh & Anr.

The Supreme Court reversed the withdrawal of prosecution against Ex-BSP MLA Chhote Singh in a 1994 double-murder case. The Court emphasized that an accused’s status as an elected representative does not justify halting prosecution, highlighting concerns over political influence obstructing justice.

 

Legal Provisions and Framework:

  • Section 321 of the Code of Criminal Procedure (CrPC):
    • Allows the Public Prosecutor to withdraw from prosecution with court approval.
    • Aimed at ensuring prosecutions are in the public interest.
  • Supreme Court’s Reasoning:
    • Emphasized that withdrawal should not be influenced by the accused’s political status.
    • Stressed the importance of preventing political influence in legal proceedings.
  • Article 21 of the Indian Constitution:
    • Guarantees the right to a fair trial.
  • Article 14 of the Indian Constitution:
    • Ensures equality before the law, preventing discrimination based on status or influence.

Source- Supreme Court of India 

Also Read- DAILY CURRENT AFFAIRS (13 JULY 2024)

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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