List of Current Affairs

Source: Delhi High Court

Why in News?

Recently, the Delhi High Court in the matter of Gulshan Kumar & Anr. v. Nidhi Kashyap has held that Protection of Women from Domestic Violence Act, 2005 (DV Act) is a measure of social justice applicable to each woman, irrespective of religious affiliation or social background.

What was the Background of Gulshan Kumar & Anr. v. Nidhi Kashyap Case?

• In brief, a Domestic Violence petition was preferred on behalf of respondent/wife was dismissed in default by the learned Trial Court vide order dated 29^th March 2023.
• Thereafter, an application was preferred on behalf of the respondent for restoration of the same before the learned Trial Court which was also dismissed vide order dated 18^th July 2023.
• Thereafter, the respondent filed an appeal before Appellate Court and the Court observed that the absence of the respondent/wife has been explained and there were no sufficient grounds before the learned Trial Court to dismiss the petition on the basis of non-appearance on a single date.
• Considering the facts and circumstances, the learned Appellate Court directed to restore the Domestic Violence petition, subject to payment of cost of Rs. 10,000/- by the respondent to appellants.
• A Petition has been preferred before the Delhi High Court on behalf of the petitioners (husband of the respondent and relatives) against order dated 05^th March 2024.
• The petition is accordingly dismissed by the High Court.

What were the Court’s Observations?

• Justice Anoop Kumar Mendiratta observed that DV Act is a measure of social justice applicable to each woman irrespective of religious affiliation or social background. The same was enacted to safeguard the rights of the victims of domestic violence in domestic relationships.

What is the DV Act?

About:

• It is a social beneficial legislation enacted to protect women from domestic violence of all kinds.
• It was brought into force on 26^th October 2006.
• It provides for effective protection of the rights of women who are victims of violence of any kind occurring within the family.
• The preamble of this Act makes it clear that the reach of the Act is that violence, whether physical, sexual, verbal, emotional or economic, are all to be redressed by the statute

Objectives:

• The main object of the Act is to provide more effective protection to the constitutional rights of women and to protect them against violence of any kind occurring within the family.
• It provides remedy for enforcement of rights of a woman e.g. Right to residence, Maintenance, Custody, Protection and compensation.

Domestic Violence:

• The term Domestic Violence has been widely defined under Section 3 of this Act.
• Any act, omission or conduct which harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person, constitutes domestic violence.
• Even harassment, threat or coercion to meet any unlawful demand for any dowry or other property or valuable security is covered under it.
• Thus, domestic violence would include everything which harms or tends to cause any mental, physical, emotional, sexual or economical harm/injury to the aggrieved woman.

Source: Jharkhand High Court

Why in News?

Recently, the Jharkhand High Court in the matter of Sanjay Pandey v. The State of Jharkhand has held that before issuing a proclamation under Section 82 of the Criminal Procedure Code, 1973 (CrPC) the Court must adequately record satisfaction regarding the accused's absconding status.

What was the Background of Sanjay Pandey v. The State of Jharkhand Case?

• The brief fact of the case is that on 05^th March 2024 the Investigating Officer of the case filed an application in the court of learned Special Judge POCSO Act Cases, with a prayer for issue of the proclamation under Section 82 of CrPC and upon such prayer being made, the learned Special Judge, POCSO Act Cases issued the proclamation under Section 82 of CrPC.
• Thereafter, a criminal miscellaneous petition has been filed before the High Court of Jharkhand with a prayer to quash the aforesaid order.
• It was submitted by the learned counsel for the petitioner that proclamation under Section 82 of CrPC has been issued vide order dated 05^th March 2024 without fixing any time or place for the appearance of the petitioner who is the accused of the case which is contrary to the settled principle of law.
• Allowing the petition, the High Court set aside the order dated 05^th March 2024.

What were the Court’s Observations?

• Justice Anil Kumar Choudhary observed, that the learned Special Judge, POCSO Act Cases, has not categorically recorded its satisfaction that the petitioner is absconding or concealing himself to evade his arrest but has only mentioned that it is likely that the petitioner may evade the process of law and has not fixed any time or place for appearance of the petitioner who is the accused person of this case, this Court has no hesitation in holding that the learned Special Judge, POCSO Act Cases, has committed gross illegality by issuing the said proclamation under Section 82 of CrPC without complying the mandatory requirements of law.
• It was further stated in case the court decides to issue proclamation under Section 82 of CrPC it must mention the time and place for appearance of the accused persons of the case, in respect of whom the proclamation is issued, in the order itself, by which the proclamation under Section 82 of CrPC is issued.

What is Section 82 of CrPC?

About:

• This Section deals with the proclamation for a person absconding.

Mandate of Section 82:

• Section 82 of CrPC serves as a powerful tool in the hands of the judiciary and law enforcement agencies to ensure that individuals accused of crimes do not evade justice.
• Any Court may publish a written proclamation if it has reason to believe that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such a warrant cannot be executed.
  • Through the proclamation the Court will require the person to appear at a specified place and at a specified time.
• The specified time to appear before the Court shall not be less than 30 days from the date of publishing such proclamation.
  • During this time, the accused has an opportunity to surrender to the authorities or the court.

Manner of Publishing Proclamation:

• The proclamation under Sub-section 2 of Section 82, CrPC shall be published in the following manner:
  • It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
  • It shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;
  • A copy thereof shall be affixed to some conspicuous part of the Court house;
    • The Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.
  • A statement in writing by the Court issuing the proclamation shall be conclusive evidence that the requirements of Section 82 have been complied with, and that the proclamation was published on such a day.
  • Sub-section (4) of the Section 82 states the situation when the proclamation is published under Sub-section (1) is in respect of a person accused of an offence punishable under Sections 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the Indian Penal Code, 1860 (IPC).
    • If such a person fails to appear at the specified place and time required by the proclamation, the Court may, after making such an inquiry as it thinks fit, pronounce him as a proclaimed offender and make a declaration to that effect.

Source: Karnataka High Court

Why in News?

A bench of Justice S Rachaiah held that “First Information Report (FIR) cannot be registered on the basis of panchanama, however, in the present case, the respondent has registered the FIR on the basis of panchanama which is erroneous and not proper”.

• Karnataka High Court held this in the case of Dayananda and Anr. v. The State of Karnataka.

What was the Background of Dayananda and Anr. v. The State of Karnataka Case?

• The Criminal Revision Petition was filed by the petitioners, challenging the conviction judgment dated 26^th December 2015 and sentence order dated 29^th December 2015 in at Hunsur, along with its confirmation judgment dated 12^th January 2021.
• The petition sought to overturn the concurrent findings convicting the petitioner/accused of offences under Sections 32, 34, and 38-A of the Karnataka Excise Act, 1965.
• The prosecution alleged that on 24^th November 2008, the accused were apprehended transporting liquor without proper documentation.
• Despite defence arguments, both trial and appellate courts upheld the conviction.
• Hence, the judgment was preferred for a revision.

What was Court’s Observation?

• The HC held that “Trial Court and the Appellate Court have committed error by considering the said FIR as appropriate and proper and recorded the conviction. Such conviction would be rendered as ineffective and the same can be termed as non est in law”.

What is the Concept of Panchnama?

• About:
  • “Panchnama” refers to a document that records the details of a crime scene investigation conducted by the police.
  • It involves the presence and testimony of witnesses or "panchas" (often civilians or neighbors) who are called upon to witness and verify the proceedings.
• Purpose and Contents:
  • The purpose of the Panchnama is to ensure transparency and credibility in the investigation process.
  • It typically includes details such as:
    • the date, time, and location of the search,
    • the names, age and addresses of the witnesses (panchas),
    • a description of the place searched,
    • a list of items seized
• Legal Provisions Related to Panchanama:
  • Section 100 Code of Criminal Procedure, 1973 (CrPC): Persons in charge of closed place to allow search
  • Section 102 CrPC: Power of police officer to seize certain property
  • Section 157 Indian Evidence Act, 1872: Former statements of witness may be proved to corroborate later testimony as to same fact

What is Section 100 of CrPC?

The word Panchanama is not defined under CrPC, however its procedure can be spotted under Section 100 of CrPC which states:-

(1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 47.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under Section 187 of the Indian Penal Code, 1860 (IPC)