In general, audio/video recordings are allowed as evidence in court proceedings - whether civil/family/criminal. Can a secretly taken audio recording between spouse and another person be allowed as evidence in Family Court proceeding like Divorce/RCR/CrPC 125/Maintenance etc? Legality, Privacy concerns regarding audio recordings as evidence 1. What about legality of Evidence obtained illegally or unethically? 2. What about violation of privacy? Can constitutional provisions be invoked? 3. Can such audio recording be allowed in a Family Court proceeding like Divorce/RCR etc? Delhi HC judgment answers such questions in Deepti Kapur vs Kunal Julka To download PDF judgment with important highlights, click below: … [Read more...] about Delhi HC Judgment – Secretly taken Audio Recording Allowed As Evidence in Family Court
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Mandatory uploading of FIRs to state police websites – SC judgment to protect rights of accused
There were several High Court judgments where to protect the fundamental rights of the accused, directions were given to respective state police to upload the FIR to state police website within 24 hours or so of lodging of FIR.Finally in 2016, in a PIL filed by Youth Bar Association of India, Supreme Court made it mandatory for all States’ police nationwide to upload copy of FIRs within 24-72 hours of lodging of FIR. There are other directions too regarding how an accused can get certified copies of FIR. The full judgment text is given below, with the paras containing directions regarding upload of FIRs (paras 12 and 13) made in bold:WP(Crl.) … [Read more...] about Mandatory uploading of FIRs to state police websites – SC judgment to protect rights of accused
Feedback on Strengthening the Justice Delivery Process to Rajya Sabha Secretariat
As per this press release dated 3rd Aug 2018 by DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE, feedback from general public is solicited towards “Strengthening the Justice Delivery Process”. Link to press release: http://164.100.47.5/committee_web/Press_ReleaseFile/18/104/194P_2018_8_10.pdf Full text of press release below: DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice headed by Shri Bhupender Yadav, M.P., Rajya Sabha, is presently examining the subject “Strengthening the Justice Delivery Process”. 2. In this process the Committee may inter-alia examine issues … [Read more...] about Feedback on Strengthening the Justice Delivery Process to Rajya Sabha Secretariat
Citations about perjury, prosecution under CrPC 340, false allegations etc
A reader has compiled some citations related to prosecution for false allegations, perjury filed under CrPC 340 etc.This article should also be referred to for the IPC sections which may be applicable for a case filed under CrPC 340.---------------------------------------------------------------------Citations below:--------------------------------------------------------------------- The plaintiff humbly requests the Hon’ble Court to consider the following citations where various honourable apex courts condemned the act of perjury and explained why it is so important to prosecute the wrong doers in so many words. Hon‘ble Supreme … [Read more...] about Citations about perjury, prosecution under CrPC 340, false allegations etc
Prenuptial discussion reports in Ministry of WCD – more women empowerment, nothing to safeguard or protect men
Men suffering from false cases related to matrimony have been sharing hope on social media that if pre-nuptial agreements were made legal and valid in India, then it will help men in future, or expressing a narrower implied interest – protect themselves in second marriage. Some have understood the point that even in West where there is more of a regime and cultural acceptance of adhering to letter of law and to contractual obligations, pre-nuptial agreements are easily thrown out in family courts, when they are deemed to be unfair – to women of course. A news was reported few months back that Prenuptial agreements were being discussed inside government especially inside Ministry of Women and Child Development (WCD), headed by Ms Maneka Gandhi. So it became necessary to fish out the … [Read more...] about Prenuptial discussion reports in Ministry of WCD – more women empowerment, nothing to safeguard or protect men
SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS). Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state. So information in this article can be utilized by husbands who need to approach police in case of assault, threats, or other criminal complaints against wife/in-laws. That’s where knowledge of law is needed since one’s gender is not the … [Read more...] about SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013