Weekly Legal Updates (29 January 2023 to 4 February 2023)

Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge becomes redundant.

Every breach of promise to marry is not rape – Supreme Court.

[Naim Ahamed versus State (NCT of Delhi)  Criminal Appeal no. 257 OF 2023 (Arising Out of SLP (Crl.) NO. 8586 OF 2017)]

The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape and under section section 376 of IPC. Justice Ajay Rastogi and Bela M Trivedi observed while acquitting a man who was concurrently convicted in a rape case. One cannot deny the possibility that the accused might have given a promise with all seriousness to marry her and subsequently might have encountered certain circumstances unforeseen by him or the circumstances beyond his control, which prevented him from fulfilling his promise.

Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of section 497 of IPC – Supreme Court.

In the case of Joseph Shine v. union of India in 2018 section 497 of IPC was struck down now a constitution bench of the Supreme Court clarified that its judgment in 2018 striking down, section 497 of IPC will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.( Courtesy- India Today.com 1 February 2023 )

Read Also Weekly Legal Updates (1 January 2023 to 7 January 2023)

Major Announcements For Middle-Class: Budget 2023-24.

1. Income Tax Rebate Limit To Be Raised To Rs. 7 Lakhs In The New Tax Regime From 5 Lakhs

The individuals with income up to Rs.5 lakh do not pay any income tax in both old and new tax regimes. The Finance Minister proposed to increase the rebate limit to Rs. 7 lakh in the new tax regime. Thus, persons in the new tax regime, with income up to Rs. 7 lakh will not have to pay any tax.

2. New Tax Slabs introduced

The Finance Minister Nirmala Sitharaman has announced Tax for income of Rs 0-3 lakh is nil; income above Rs 3 lakh and up to Rs 5 lakh to be taxed at 5%; income of above Rs 6 lakh and up to Rs 9 lakh to be taxed at 10%; income above Rs 12 lakh and up to Rs 15 lakh to be taxed at 20%; and income above Rs 15 lakh to be taxed at Rs 30%.

3. Proposal for the salaried class and the pensioners

The Finance Minister extended the benefit of standard deduction to the new tax regime. Each salaried person with an income of Rs. 15.5 lakh or more will thus stand to benefit by Rs.52,500.

 4.  Leave Encashment

The limit of Rs. 3 lakh for tax exemption on leave encashment on retirement of non-government salaried employees was last fixed in the year 2002, when the highest basic pay in the government was Rs.30,000 per month. In line with the increase in government salaries, the finance minister proposed to increase the limit to Rs. 25 lakh.( Courtesy- The Hindu.com 2 February 2023 )

Read Also Weekly Legal Updates (8 January 2023 to 14 January 2023)

Bail pendency is an emergency situation needing urgent attention: Justice PS Narasimha.

Justice Narasimha was delivering the keynote address at an event in Mumbai marking the release of the report ‘Legal Aid to Undertrials in Maharashtra (2018-2021)’ on January 28th, 2023.

The report presents the experiences of the Fair Trial Fellowship (Project 39A, National Law University Delhi) and Prayas (Centre for Criminology and Justice, Tata Institute of Social Sciences, Mumbai) in an intervention programme instituted by Azim Premji Foundation in collaboration with the Government of Maharashtra to provide quality legal aid to undertrial prisoners in Maharashtra.

The programme provided services to 9,570 undertrial prisoners, primarily from marginalized backgrounds, and secured the release of 4504 prisoners either on bail or through acquittal or discharge. Justice Narasimha highlighted the importance of letting go of the focus current society has on the individual, which results in a few talented individuals working in silos.

Instead, we should work towards developing effective institutions that can support and protect the rights of marginalized persons. Justice Narasimha concluded that although the report raises fundamental concerns with the functioning of the present system, ‘knowledge is power’.

He truly believes that we will be able to turn the tide in 6-7 years with a new generation that is capable and willing to take the steps that are necessary for reform. He ended by saying that ‘Our country will become a light for the rest of the world, guiding them on how institutions should be organized and run.( Courtesy- LiveLaw.com 2 February 2023 )

Read Also Weekly Legal Updates (22 January 2023 to 28 January 2023)

Siddique Kappan  walks out of jail on bail after two years

He was arrested along with three others in Mathura on October 5, 2020, on charges of conspiracy to create disturbance in Hathras, where a Dalit girl was allegedly gang-raped and murdered. However, it is his case that being a journalist, he was going there to report on the case. Over 1 month after he was granted bail by the Allahabad High Court in connection with a Prevention of Money Laundering Act (PMLA) case, Kerala Journalist Siddique Kappan today walked out of jail after spending over 2 years in jail.( Courtesy- TheWire.com 3 February 2023 )

Under Article 226, Writ Petition should not be dismissed on ground of alternative remedies when only questions of law are raised.

[M/S Godrej Aara Lee Ltd.  versus The Excise and Taxation Officercum- Assessing Authority & Ors. Civil Appeal No.5393 OF 2010]

The Supreme Court observed that  Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the writ petition on the ground of an alternative remedy being available”, the bench of Justices S. Ravindra Bhat and Dipankar Datta observed.( Courtesy- TheDailyGuardian.com 3 February 2023 )

Burden of proof on accused to prove plea of insanity is one of preponderance of probability.

[Prakash Nayi @ Sen versus State of Goa  CRIMINAL APPEAL NO. 2010 OF 2010; 12 January, 2023]

Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offense of murder. In the judgment, the Court observed that the burden on the accused to prove his plea of insanity is one of preponderance of probability.

The burden of proof does lie on the accused to prove to the satisfaction of the Court that one is insane while doing the act prohibited by law. Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf. The extent of probability is one of preponderance. This is for the reason that a person of unsound mind is not expected to prove his insanity beyond a reasonable doubt.( Courtesy- LiveLaw.com 4 February 2023 )

Right to vote is a constitutional right; Not just a statutory right : CJI DY Chandrachud.

The ECI’s counsel had said that there were precedents which stated that right to vote was only a statutory right but Justice Joseph had remarked– It may not be correct to say that it (Right to vote) is only a statutory right. Referring to Article 326 of the Constitution which says that every person who has attained the age of majority shall be entitled to be registered as a voter at any such election, Justice Joseph opined that right to vote is a constitutional right. Justice Joseph also opined that the preced(to revise, hold) Right To Vote Is A Constitutional Right, Not Just A Statutory Right: CJI DY Chandrachud.( Courtesy- Hindustantimes.com 4 February 2023 )

*Disclaimer: – Always check with the original copy of judgment from the Court website.

Legal News in this Weekly Legal Update are compiled by Devesh Kumar (Team www.deepakmiglani.com

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