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News18
03-07-2025
- News18
'Statements Under Section 313 CrPC Recorded In Most Mechanical Manner': SC Sets Aside Conviction
Last Updated: The court also set aside the judgment of conviction and sentence against one appellant as he was found to be a juvenile at the time of the offence The Supreme Court has set aside the conviction of two men in a case of cheating, forgery, and other offences made to swindle Rs 13.29 lakh from the State Bank of India in 1982 after finding that their statements under Section 313 of the Criminal Procedure Code were recorded in a most mechanical manner, vitiating their trial. A bench of Justices Abhay S Oka (since retired) and Ujjal Bhuyan pointed out that only four questions were generally put to the appellants, which did not reflect the specific prosecution evidence that came on record qua the appellants, Ramji Prasad Jaiswal alias Ramjee Prasad Jaiswal, and Ashok Kumar Jaiswal. The SC found the manner in which the trial court had recorded the statements of the appellants under Section 313 CrPC was not at all in tune with the requirements of the provision. 'As all the incriminating evidence were not put to the notice of the appellants, therefore, there was a clear breach of Section 313 CrPC as well as the principle of audi alteram partem. Certainly, this caused serious prejudice to the appellants to put forth their case. Ultimately, such evidence were relied upon by the court to convict the appellants," the bench said. Therefore, the court held, there is no doubt that such omission, which is a serious irregularity, has completely vitiated the trial. 'Even if we take a more sanguine approach by taking the view that such omission did not result in the failure of justice, it is still a material defect albeit curable," the bench said. The bench, however, noted that while deciding whether such a defect can be cured or not, one of the considerations will be the passage of time from the date of the incident, as held in Raj Kumar alias Suman Vs State (NCT of Delhi) (2023). The bench recorded the period during which the offence was allegedly committed was from September 1982 to December 1982, and the trial was concluded on May 29, 2006. 'Nineteen years have gone by since then. At this distant point of time, instead of aiding the cause of justice, it will lead to miscarriage of justice if the case qua the two appellants are remanded to the trial court to restart the trial from the stage of recording the statements of the accused persons under Section 313 CrPC," the bench said. In such circumstances, the court opined that it is neither possible nor feasible to order such remand. 'Consequently, appellants are entitled to the benefit of doubt because of such omission in the recording of their statements under Section 313 CrPC, since the trial court had relied on the evidence adverse to the appellants while convicting them," the court held. The appellants along with others were tried by the court of Special Judge, Central Bureau of Investigation, South Bihar, Patna, for allegedly committing offences under Sections 420, 440, 468, 471, and 120B of the Indian Penal Code, 1860 (IPC), read with Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947. In 2006, they were found guilty and awarded a sentence of three years, along with a fine. In 2011, the High Court dismissed their appeals. According to the prosecution, the bank manager, along with the accused, including the appellants, fraudulently and dishonestly obtained payment of Rs 71,456.00 and Rs 12,57,810.00 against certain bills which were accompanied by fake transport receipts issued by the appellants. The court also set aside the judgment of conviction and sentence against one appellant as he was found to be a juvenile at the time of the offence. 'Ordinarily once an accused person was found to be a juvenile on the date of commission of the offence, he was required to be dealt with by the Juvenile Justice Board for carrying out necessary inquiry in terms of Section 14 of the JJ Act and thereafter to pass order under Section 15 including an order directing the juvenile to be sent to a special home for a period of 3 years," the bench said. In the instant case, the court, however, said more than four decades have passed since the commission of the offence. 'In the circumstances, it is neither possible nor feasible to remand the case of appellant No. 3 to the concerned Juvenile Justice Board to carry out the exercise under Sections 14 and 15 of the JJ Act. Therefore, the judgment and order of the trial court as affirmed by the High Court are hereby set aside on the ground of juvenility," the bench said. tags : cheating forgery justice juvenile supreme court Location : New Delhi, India, India First Published: July 04, 2025, 04:39 IST News india 'Statements Under Section 313 CrPC Recorded In Most Mechanical Manner': SC Sets Aside Conviction
Time of India
05-06-2025
- Politics
- Time of India
Justice Oka highlights the interconnection between environmental justice and social justice at Climate Change Conference
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel Former Supreme Court judge Abhay S Oka on Thursday said that environmental justice , as developed by India's constitutional courts, is deeply intertwined with the idea of social justice 'It is my privilege to address this gathering on a very important subject, the environment, which is dear to me. As a judge of the Bombay High Court, Karnataka High Court, and Supreme Court, I was lucky enough to deal with many environmental matters,' Justice Oka said at the Society of Indian Law Firms (SILF) Climate Change Conference and Awards emphasized that environmental issues go beyond preserving nature and have direct consequences on the lives and health of human beings.'When we talk about environmental justice, social justice inevitably comes into the picture. Protection of the environment is not only necessary for preserving natural resources available on planet Earth, but more importantly, it is essential for human beings to lead a healthy, constructive, and meaningful life. If we are not able to preserve our environment and protect it from degradation, we are doing an injustice to society at large,' he gave Delhi's recurring winter air pollution crisis as an example of inequality in environmental access.'That is where social justice comes into the picture. One classic example is Delhi. Every year, from December to February, we are hit by massive air pollution. Most of the people present here today can afford air purifiers at home, but the majority of Delhi's population living in shanties or working on the streets can't afford air purifiers.'Justice Oka stressed that constitutional guarantees of social justice must include environmental protection, citing how pollution affects livelihoods, particularly among vulnerable communities like fishermen.'Take, for example, pollution of our rivers or our seas affects the livelihood of the fishing community. Thus, every environmental issue, every degradation, every destruction of the environment has a direct nexus with social justice guaranteed by the Constitution.'He highlighted that environmental degradation also affects economic justice and the national economy, disproportionately impacting the poor. He reaffirmed the significance of legal doctrines such as sustainable development and the polluter pays principle , developed by courts to safeguard environmental also questioned the country's definition of development: whether it should be limited to infrastructure like highways and flyovers, or be reoriented toward providing essentials to the poor. He warned that the current path would render sustainable development from over four decades of legal experience, he observed that very few citizens engage with environmental concerns seriously, and those who do are often labeled as anti-development.'I have been part of several environmental decisions in the Bombay High Court, Karnataka High Court, and the Supreme Court. What I find from my long experience of 20 years as a lawyer and nearly 22 years as a judge of three constitutional courts is that very few citizens show enthusiasm and courage to take up environmental issues. It is not easy to address environmental concerns, as those who raise these issues rarely get active societal support.'He added that environmental defenders are often misunderstood and vilified for standing against damaging practices.'Those advocating environmental causes rarely received societal support, and in such a case, how could they expect to receive support from the government?'Referring to the landmark MC Mehta case, Justice Oka said the Supreme Court's directions laid the foundation for environmental jurisprudence, but questioned if society has truly honored those who led the charge.'Have we adequately honoured or remembered him (Mehta, who filed the PIL), especially today, as we celebrate World Environment Day?'He also reflected on his past work addressing noise pollution caused by illegal loudspeaker use during festivals.'Noise pollution caused by religious festivals affects human health seriously. Everyone has a constitutional right not to be compelled to hear what they don't wish to, yet illegal use of loudspeakers continues, forcing people to endure unwanted noise. Noise pollution isn't just irritating, it impacts hearing capacity and brain functioning.'Justice Oka concluded with a call for humility and awareness, emphasizing that humanity is a part of nature—not its owner.'We degrade and destroy the environment under the wrong notion that the earth belongs to us, but in fact, we belong to the earth. Some of us are under the wrong notion that the environment belongs to us. In fact, we belong to the environment.'Quoting Article 21 of the Constitution, he reminded that the right to dignity includes the right to live in a clean, pollution-free environment.'If you are living in an atmosphere polluted by air and other forms of pollution, you cannot live with dignity. Protecting the environment, including the manmade and natural environments, is of great concern for human existence.'[Inputs from PTI]
Indian Express
28-05-2025
- Politics
- Indian Express
Reproductive rights, population control, and more: What Supreme Court said on maternity leaves in recent ruling
Written by Rishu Jaiswal The Supreme Court passed a significant ruling on May 23 allowing 'maternity benefit' to a Tamil Nadu-based teacher for her third child under Fundamental Rule 101 (a). The woman — an English teacher at a government higher secondary school — sought relief after her plea was rejected by the Madras High Court. Fundamental Rule 101(a), pertaining to the Maternity Benefit (Amendment) Act, 1961, addresses the eligibility criteria for maternity leave of state government servants in India. Here's what the Supreme Court said: # The apex court set aside the judgment declining maternity leave to the school teacher, and said she was entitled to receive maternity benefits despite having two children. # Maternity leave is integral to maternity benefits and reproductive rights are now recognised as part of international human rights law like right to health, privacy, equality and non-discrimination and dignity, remarked the Supreme Court. While hearing the matter, a division bench of Justice Abhay S Oka and Ujjal Bhuyan disagreed with the findings of the Madras HC and said, 'Thus, as can be seen…, through various international conventions, the world community has recognized the broad spectrum of reproductive rights which includes maternity benefits.' # Emphasising on the Article 21 of the Constitution, the top court bench said, 'By judicial interpretation, it has been held that life under Article 21 means life in its fullest sense; all that which makes life more meaningful, worth living like a human being. Right to life includes all the finer graces of human civilization, thus rendering this fundamental right a repository of various human rights. Right to life also includes the right to health. Right to live with human dignity and the right to privacy are now acknowledged facets of Article 21.' # The Supreme Court also noted that the Maternity Benefit (Amendment) Act, 2017, does not bar maternity leave for women with more than two children, and only limits the duration of leave — 26 weeks for those with up to two children, and 12 weeks for those with more. It said that maternity leave itself is not denied based on the number of children. # The court also acknowledged the importance of population control measures, and said, 'Population control and reproductive rights are not mutually exclusive goals. They must be reconciled in a rational, humane manner.' A timeline of the case in SC The woman started working as an English teacher at a government higher secondary school in Tamil Nadu's Dharmapuri district in 2012. She had two children from her first marriage, which ended in a divorce in 2017. The kids are in the custody of her former husband. After marrying again in 2018, she became pregnant in 2021 and applied for maternity leave from August 17, 2021, to May 13, 2022, covering both pre- and post-natal periods. Her application for leave was rejected, and she subsequently filed a case in the high court. Initially, the case went to a single-judge bench who ruled in her favour and ordered the government organisation to grant her maternity leave. However, the state government challenged the decision, and a division bench of the HC reversed the decision, prompting the woman to approach the apex court. — with inputs from PTI Rishu Jaiswal is an intern with
India Today
26-05-2025
- Politics
- India Today
Supreme Court smells teen spirit, acts to free adolescent love from Pocso
The Supreme Court has urged the Central Government to consider devising a national sex education policy and to undertake an exercise to thoroughly evaluate cases and data related to the Protection of Children from Sexual Offences (Pocso) Act. The Supreme Court wants it to be ensured that adolescents don't end up being jailed for consensual romantic relationships under the stringent Pocso Act, which is meant to protect Supreme Court bench, comprising Justices Abhay S Oka and Justice Ujjal Bhuyan, were listening to the suggestions made by amici curiae in an unusual case where the "victim" woman did not want punishment for the man accused under woman willingly left her home when she was 14 years old to live with the accused man, then 25. She married him after becoming an adult, and gave birth to a child. The survivor did not see the alleged act committed by the accused as a "crime". In its judgment delivered on May 23, 2025, the Supreme Court invoked its extraordinary powers under Article 142 of the Indian Constitution and refrained from sentencing the accused whose acquittal it itself had initially reversed. He was sentenced to 20 years in jail by a special Pocso court but the Calcutta High Court acquitted him in the considerations of consent and malicious prosecution by family members, the amici curiae, Senior Advocates Madhavi Divan and Liz Mathew, highlighted how the criminalisation of adolescent consensual relationships may not align with the best interests of the survivor and her Supreme Court revisited precedents from the High Courts to reconsider the rigid application of the Pocso Act in adolescent SC bench also directed the Centre to form a committee of experts alongside senior government officers and amici curiae to suggest systemic improvements based on the recommendations of the court's own has asked the Union Ministry of Women and Child Development to submit a report by July HC'S REMARKS ON SEXUAL URGE SPARKED ROWThe Supreme Court took this case suo moto after the Calcutta High Court's controversial 2023, the High Court overturned a 20-year-long sentence imposed on the man by the special Pocso court and made remarks stating that "female adolescents should control their sexual urges". It issued directions addressed to adolescent boys and judgment of the High Court was also challenged by the state government in an August last year, the Supreme Court set aside this judgment and restored the conviction of the accused under Section 6 of the Pocso Act, which deals with aggravated penetrative sexual assault and rape under Sections 376(3) and 376(2)(n) of the Indian Penal Code. It acquitted the accused of charges of kidnapping and abduction under Sections 363 and 366 of the Supreme Court held the remarks as violative of Article 21, right to life, and issued various directions to ensure that states comply with provisions of the Pocso Act and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), concerning timely and prompt legal action and protection of the child survivors in cases of sexual after restoring the conviction of the accused, the apex court delved deeper into the facts before pronouncing its final directed the state government to constitute a three-member expert committee, comprising a clinical psychologist, social scientist and a child welfare officer as coordinator and secretary. It was to inform the survivor about available benefits from the state and the Union government and assist her in making an informed decision about her future, including whether to continue residing with the FINDINGS CHANGE SUPREME COURT'S VIEWSOn April 3, 2025, the Supreme Court interacted with the committee members and the survivor. Citing the unique circumstances of the case, it ruled that no sentence be imposed on the accused bench remarked, "The society judged her, the legal system failed her, and her own family abandoned her."It stated that, "Though the incident is seen as a crime in law, the victim did not accept it as one." Instead, highlighting the harm caused to the woman, the apex court said, "It was not the legal crime that caused trauma to her, but rather the consequences that followed."The bench noted the survivor needed financial support and directed her enrolment in school, with assistance up to college if desired. It suggested exploring vocational training or part-time work after her Class 10 exams, with help from the West Bengal State Legal Services state was also told to ensure their child's nutrition and education under schemes like Mission Vatsalya and to address the family's debts and housing needs through NGOs or public support."What she had to face as a consequence was the police, the legal system, and a constant battle to save the accused from punishment," added the not stopping at this, the Supreme Court took over matters concerning the Right to Privacy of Adolescents with the amici HIGH COURTS DEFENDED CONSENSUAL ADOLESENT LOVEThe Pocso Act is gender-neutral legislation that aims to prevent and punish sexual exploitation and sexual abuse of children. But often, adolescents or teenagers who consent to engage in romantic sexual relationships are prosecuted under the the law also criminalises "any person" who knows about the "crime" and fails to report it, thereby including other children as 2023, Justice Krishna Pahal of the Allahabad High Court granted bail to a man who allegedly eloped with and married an 18-year-old girl in 2023. While expressing concern over the growing "misuse" of the Pocso Act, he highlighted the challenge in distinguishing between genuine cases of exploitation from those involving consensual elements to establish "penetrative sexual assault" under the Pocso Act require a non-consensual and unilateral act by the accused. The Madras and Calcutta High Courts have held that consensual acts do not fulfil this February, Justice Jasmeet Singh of the Delhi High Court upheld the acquittal of a man in a Pocso case and said that, "I affirm that consensual and respectful adolescent love is a natural part of human development".advertisementHe added, "The legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being."In 2024, a Delhi HC bench led by Justice Subramonium Prasad granted bail to a 21-year-old man accused of raping a minor while highlighting the complexities surrounding cases where consensual relationships between individuals close in age and particularly those just below or above the legal age of consent often fall into a "legal grey area".He stated how the legal framework might not always account for the nuanced realities of teenage relationships and emphasised the misuse of the Pocso Act by families opposed to their children's romantic choices, such as when the conversion of religion by a minor is this case, the amici curiae relied on High Courts' precedents, such as the Delhi High Court in Ajay Kumar v State and the Madras High Court in Vijayalakshmi v State, to state that the Pocso Act does not intend to criminalise consensual romantic relationships between OVER PUNISHMENT: NEED FOR SEX EDUCATIONAdvocating for comprehensive sexuality education, the amicus curiae made suggestions to promote overall adolescent well-being. They referred to a report by Unesco – The Journey Towards Comprehensive Sexuality Education: Global Status Report (2021) – that found how education policies on life-skills-based HIV and sexuality education in India are at the secondary education level emphasised how the struggle of adolescents concerning health, misinformation and stigma surrounding sexual and reproductive health education needed to be addressed through a more inclusive curriculum and proper teacher training in the realm of comprehensive sexuality education (CSE).Their suggestions on implementing a data collection mechanism for improving institutional accountability, real-time accountability, and targeted interventions at the state-level concerning Pocso cases, child marriages and CSE implementation were taken up by the apex this, the Supreme Court issued a notice to the Centre through the Secretary of the Ministry of Women and Child Development and the Secretary was directed to appoint a committee of experts to deal with the suggestions of the amici Supreme Court clarified that this case will not be treated as a precedent as it is "an illustration of the complete failure of our society and legal system". Senior government officers shall be a part of this committee which is directed to submit a report to the Supreme Court by July is the Supreme Court's effort to ensure that adolescents don't end up being jailed for consensual romantic relationships.
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First Post
25-05-2025
- Politics
- First Post
Decriminalise consensual relationship under Pocso, form sex education policy, SC advises govt
The Supreme Court has urged the Centre to rethink the strict application of the Pocso law in cases involving consensual teenage relationships. It also called for a national policy on sexual and reproductive health education. read more The Supreme Court has asked the Centre to consider decriminalising consensual relationships between teenagers so they are not jailed under the strict Pocso law. It also suggested creating a policy on sexual and reproductive health education. A bench of Justices Abhay S Oka and Ujjal Bhuyan issued a notice to the Centre, asking the Ministry of Women and Child Development to set up an expert panel to study the issue and submit a report by July 25. The court said it will issue further directions after reviewing the report. STORY CONTINUES BELOW THIS AD This is a developing story.
