Legally Sane

Hon’ble Supreme Court has dismissed an appeal filed against the order passed by Allahabad High Court, rejecting the election petition filed by Tej Bahadur against PM Narendra Modi, challenging his election to the 17th Lok Sabha from Varanasi parliamentary constituency, held in April - May 2019. In the present case, it was observed, that Section 81 of The Representation of the  people Act, 1951 provides that an Election Petition may be presented by (a) any elector or (b) any candidate at such election. The Explanation to Section 81 provides that an “elector” means a person who was entitled to vote at the election to which the election petition relates. In this case the election is to the Varanasi Parliamentary seat. Obviously, the appellant is not an elector registered in the Varanasi constituency since he is admittedly enrolled as an elector of Bhiwani, Mahendragarh Parliamentary Constituency, Haryana. The term ‘candidate’ is defined in Section 79(b) of the Act. The first part of d...

Section 376(D) of IPC defines gang rape as where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape. According to the definition of rape, provided by section 375 of IPC, only a man can be said to have committed rape not anyone else but the definition of gang rape provided by section 376(D) uses the term "one or more persons" not man specifically. Does the definition of gang rape imply that the term "one or more persons" includes woman also? On 12/07/2006, Hon’ble Supreme Court while dealing with a criminal appeal (Priya Patel vs State of MP) has held that, a bare reading of Section 375 makes the position clear that rape can be committed only by a man. The section itself provides as to when a man can be said to have committed rape. The language of section 376(2)(g) [before 2013 amendment] provides that when a woman is raped by one or m...

Section 154 of CrPC Provides procedure for registration of FIR and makes it clear that informant shall be entitled to get one copy of FIR free of cost but no such provision is made in relation to accused. Further, section 207 of CrPC Provides that copy of FIR shall be supplied to accused along with charge sheet and other documents after filing of charge sheet under section 173 of CrPC. Section 173(7) stipulates that investigating officer may supply the copy of FIR to accused according to his own convenience after filing of charge sheet. Above mentioned provisions, where an accused is entitled to get a copy of FIR, can only be attracted after filing of charge sheet. There is no specific provision in the CrPC mandating supply of the FIR to the accused person before the filing of the charge sheet or immediately after registration of the FIR.  On 06/12/2010, Hon’ble Delhi High court while dealing with a criminal writ petition, in a case of Court on its own motion vs State, directed tha...