CRIMINAL CASE AGAINST STUDENTS QUASHED ,IMPOSES JAIL VISIT FOR REFORMATION: ORISSA HIGH COURT
Case Name: Chandrakanta Dash @ Das & Ors.Vs. State of Odisha & Anr.
The Orissa High Court while handling a case involving five college students accused of attempting murder by threatening to harm their classmate, has quashed the case as both the parties settled the dispute. However,the students are required to apologise to the victim’s father and prepare a report on hygienic conditions of Circle jail in Cuttack.
Legal Provisions:
- Section 109,BNS-Attempt to Murder
- Section 115(2),BNS -Voluntarily causing Hurt
- Section 133,BNS-Assault or criminal force with Intent to dishonour person, otherwise than on grave provocation
- Section 3(5),BNS-Common Intention
- Section 324(2),BNS-Mischief
- Section 351(2),BNS-Criminal intimidation
Source: ORISSA HIGH COURT
ARTICLE 21 PREVAILS OVER NDPS ACT, BAIL GRANTED AFTER 2.5 YEARS IN CUSTODY: DELHI HIGH COURT
Case Name: Zakir Hussain Vs. State Government of NCT Delhi
The Court granted bail to the accused under NDPS Act who had been in custody for over 2.5 years with no conclusion to the trial procedure. It emphasized that the rights of accused under Article 21 takes precedence over the strict bail conditions under Section 37 of NDPS Act.
Legal Provisions:
- Article 21, Constitution of India-Protection of life and personal liberty.
- Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985-Offences to be cognizable and non-bailable.
Source: DELHI HIGH COURT
GEOGRAPHICAL RESTRICTIONS ON PRISONER’S ESCORT VISITS UPHELD: KERALA HIGH COURT
Case Name: B.G.Krishnamurthy Vs. State of Kerala
The Kerala High Court upheld rule 415(3) of Kerala Prisons and Correctional Services (Management) Rules, 2014, which restricts prisoner’s escort visits to within the state. It stated that such restrictions are based on considerations like security and are not violative of Article 14, 15 or 19(1)(d) of the Constitution.
Legal Provisions:
- Article 14, Constitution of India- Equality before law.
- Article 15, Constitution of India- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- Article 19(1)(d), Constitution of India- Freedom to move freely throughout the territory of India
Source: KERALA HIGH COURT
Also Read– (DAILY CURRENT AFFAIRS 22 JANUARY 2025)
WRITTEN BY – Veera Syamala Devi Nandikanuma
EDITOR – Vishakha Khatri
