Consent v. Capacity to consent for sexual act; Supreme Court of Canada clarifies link between the two
Supreme Court of Canada: The Bench of Wagner C.J. and Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer JJ., clarified the
consent
HP HC│ “NO MEANS NO”; Neither the absence of resistance nor the unwilling submission implies consent in any language; Bail rejected
Himachal Pradesh High Court: Anoop Chitkara J. dismissed the petition on the observations made hereunder. The facts of the case are such
“Consent of parties cannot obviate the duty of the High Court to indicate its reasons”; Supreme Court explains the law on Bail
Supreme Court: The Division Bench of Dr. Dhananjaya Y. Chandrachud* and M. R. Shah, JJ., pronounced an important judgment which came out
Ker HC | Whether a Child born out of a live-in relationship is to be treated as a child born to a married couple? Status of Children in a live-in relationship & mother’s decision to recognize fatherhood of child || High Court unwinds
“The death is not the greatest loss in life. The greatest loss is what one dies inside us while we live.”
Bom HC | ‘Consent’ of minor for sexual act who conceived and delivered a baby will be immaterial
Bombay High Court: The Division Bench of S.S. Shinde and Manish Pitale, JJ., held that whether a minor gave her consent for
‘Educated adults choosing their life partners is the way forward to reduce caste and community tensions’; SC comes to the aid of a young couple facing “threats from the elders”
“Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role.”
J&K HC | Investigating agency to determine whether consent of prosecutrix to have sexual intercourse with petitioner was willing or it was obtained on account of false promise of marriage
Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present bail application, observed that given to the relationship shared between
All HC | Is any offence committed if two adults wish to be in a live-in relationship? Read what HC ruled
“…where a boy and a girl are major and they are living with their free will, then, nobody including their parents has the authority to interfere with their living together.”
‘Ability to do some household chores does not discard evidence of prosecutrix’s mental disorder’; SC holds man guilty for rape of a mentally deficient woman
“A person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited.”
Ori HC | Permission rejected to terminate unwanted pregnancy of unmarried ‘major’, physically handicapped and mentally retarded rape victim; Comprehensive Directions issued
Orissa High Court: Biswanath Rath J., allowed the petition in part and laid down comprehensive guidelines for the state to follow in
Ker HC | Can person with physical infirmities seriously affecting cognitive functions file suit through ‘next friend’?
Kerala High Court: A Division Bench of S.V. Bhati and Bechu Kurian Thomas, JJ., addressed an issue pertaining to the following terms, Total
Bom HC | Rape on pretext of false promise of marriage: Intention of accused from the inception not to marry is to be ascertained
Bombay High Court: M.G. Sewikar, J., denied bail to the applicant accused of deceiving the prosecutrix by giving false promise of marriage who
Bom HC | Unnatural Sex attracts an offence only if it’s done without the consent of the adult
Bombay High Court: Vinay Joshi, J., granted bail to the applicants who were accused of committing offence of unnatural sex without consent and
Bom HC | No straight jacket formula as to how a woman will react to an act of outrage by a male
Bombay High Court: Bharati Dangre, J., while addressing a bail application made the following observation: There cannot be a straight jacket formula as
Bom HC | Accused alleged to have raped repeatedly a 17 year old victim granted bail in view of confession of “consent” by victim for the act
Bombay High Court: Sandeep K. Shinde, J., granted bail to a person accused for alleged offence of committing rape repeatedly, which turned out
Ker HC | Surrender can never be considered as consensual acts of sexual intercourse; Sexual intercourse welcomed could be accepted as “consensual”
Kerala High Court: P.B. Suresh Kumar, J., addressed a matter in which a 59 year old man was accused of raping a minor
Del HC | Acquittal of rape accused upheld where condition precedent for proving physical relationship established on false pretext of marriage found missing
Delhi High Court: A Division Bench of Manmohan and Sangita Dhingra Sehgal, JJ., dismissed a criminal leave petition filed by the State against
Pat HC | Consent of first wife for solemnization of another marriage, during subsistence of second marriage, does not validate the second marriage
Patna High Court: A Division Bench of Hemant Kumar Srivastava and Prabhat Kumar Singh, JJ. rejected a letters patent appeal on the
When a woman says she did not consent to a physical relationship, court should not presume otherwise
Supreme Court: In an appeal against the verdict of Gujarat High Court that quashed the criminal proceedings against a man accused for
All HC | Evidences gathered by Investigating Officer cannot be looked under Inherent powers; Consent for sexual intercourse on promise to marry, held to be subject matter of evidence
Allahabad High Court: Applicant filed an application under Section 482 of Criminal Procedure Code which was contemplated by Dinesh Kumar Singh, J.