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Arnesh Kumar Guidelines. Arnesh Kumar Guidelines or Arnesh Kumar vs State of Bihar (2014) is a landmark judgement of the Indian Supreme Court, [1] [2] stating arrests should be an exception, in cases where the punishment is less than seven years of imprisonment. [3] The guidelines asked the police to determine whether an arrest was necessary ...
In 2005, Section 498A was upheld by the Supreme Court of India when it was challenged. In 2010, the Supreme Court spoke about the misuse of anti-dowry laws in Preeti Gupta & Another v. State of Jharkhand & Another and more detailed investigation was recommended.
IPC 498a review-On 23 April 2018, the Supreme Court heard arguments and reserved its judgement on a review petition filed against an earlier order of the Court which had outlawed immediate arrests under this provision of IPC 498a.On 14 September 2018, it set aside the earlier judgement and left it to the parliament to enact suitable guidelines.
In November 2003, the Committee on Reforms in the Criminal Justice System (CRCJS), headed by V. S. Malimath, recommended that Section 498a be made bailable and compoundable. In July 2005, the Supreme Court admitted that in many instances complaints under the Section 498a of the Indian Penal Code are not bona fide and have oblique motives. The ...
Even though misuse of Section 498A was not established, more recently the Supreme Court came out with directives that every complaint received by the police under Section 498A must be referred to a Family Welfare Committee before the police can arrest the perpetrator. More glaringly, the law only offers reliefs to women.
Background. On 27 April 2016, five people filed a new writ petition in the Supreme Court challenging the constitutionality of Section 377 of the Indian Penal Code.The petitioners claimed that the issues which they raised in their petition were varied and diverse from those raised in the pending curative petition in the 2013 Koushal v.
Vishaka and Ors. v. State of Rajasthan was a 1997 Indian Supreme Court case where various women's groups led by Naina Kapur and her organisation, Sakshi filed Public Interest Litigation (PIL) against the state of Rajasthan and the central Government of India to enforce the fundamental rights of working women under Articles 14, 19 and 21 of the Constitution of India.
Lawrence v. Texas, 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that sanctions including any form of criminal punishment to all forms of private, consensual non-procreative adult sexual activities between two individuals (commonly referred to as sodomy laws) are unconstitutional.
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