SG Courts’ Post

I’m glad that Chief Justice Sundaresh Menon has articulated clearly 6 “harmful stereotypes” of victims of sexual offences. #criminaldefence counsel should all take note. These are not intuitive matters - I had to learn them through the course of more than a decade of legal practice. (a) That victims of sexual offences will inform someone or report the attack immediately. Research has shown that the timing at which sexual abuse is disclosed or reported is, by itself, inconclusive as to the credibility of the complainant. Further delays may be occasioned by fears of retaliation or harm as well as the shock, shame and stigma attached to being a victim of such offences. (b) That victims of sexual offences will react in a uniform, specific or predictable manner and that differences in victims’ responses to the offences are probative of their credibility or lack thereof. It is now widely accepted that there is no one “typical” emotional or behavioural reaction that is expected to be exhibited by victims of sexual offences. For example, rape victims display a diverse range of reactions in the immediate aftermath of the offence: some display great distress while others are quiet and controlled. It is therefore important to avoid making generalisations about how a victim should have responded to an offence. (c) That the sexual history of a complainant of a sexual offence bears on the likelihood of his or her having consented to sexual activity and/or his or her credibility. (d) That victims of sexual offences who dress in a certain way invite the commission of the offences. (e) That victims of sexual offences who were voluntarily intoxicated at the time of the offence are at least partly responsible for the commission of the sexual offence. The mere fact that a victim’s actions has put him or her at a greater risk of victimisation does not make him or her responsible for the commission of the offence (f) That victims of sexual offences are able to resist attackers if they really want to. On the contrary, many victims enter an involuntary temporary state of inhibition when sexual offences are committed against them, causing them to “freeze” in intense fear. CHP Law LLC #withyou #criminaldefence

Important Law on S313 CRPC ??

Thanks to the editors of EJIL: Talk! for publishing my brief examination of the Office of the Prosecutor of International Criminal Court's Draft Policy on Complementarity and Cooperation, in which I discuss ways the policy could be improved and implemented to contribute to victim-oriented #justice. 👇 https://lnkd.in/e26-Pddd

The Orissa High Court's decision to uphold the life sentence of Rankanidhi Behera for the brutal murder of his mother reinforces that voluntary intoxication is no defense for heinous crimes. This case highlights the importance of credible eyewitness testimony and the judiciary's commitment to justice. #justiceprevails #courtverdict #lawandorder #truecrime #legalnews

The Supreme Court debates new criminal laws! ⚖️ From the reintroduction of sedition to extended police custody, critical constitutional concerns are at stake. While the new laws aim to curb organized crime, are they compromising fundamental rights? Stay tuned as the apex court decides this historic case! 🕊️ #supremecourt #indianlaws #justice #constitutionalrights #organizedcrime #fairtrial #lawandorder #humanrights

#ECJ: EncroChat: the Court of Justice clarifies the conditions for the transmission and use of evidence in criminal cases with a cross-border dimension

LEGAL VIEW! Coming down heavily on police cops filing false cases, the Supreme Court in has held that a police official who lodges a false case against an individual cannot claim immunity from prosecution under the guise of official duty. READ MORE........ https://lnkd.in/gZg-RBnt #SupremeCourt #judgement #policeofficer #policeofficial #cases #falsecases #filingfalsecases #officialduty #immunity #crpc #criminalprocedurecode #prosecution #evidence #fabricatedevidence #CriminalConspiracy

Discover the incredible journey of Justice Chakradhari Sharan Singh, a judicial virtuoso on SCC Times Blog under Know Thy Judge Section. [Link in Bio]     Script and Voice: Arunima B.     [Patna High Court, Chief Justice, Orissa High Court, Justice Chakradhari Sharan Singh, Know Thy Judge]   #scconline #SCC #legalnews #scconlineblog #legalknowledge #legalblog #legalupdates #lawstudent #surestwaytolegalresearch #bringingyouthebestlegalnews

The Supreme Court clarified the scope of Section 27 of the Evidence Act, stating that only the specific part of an accused's statement directly leading to the discovery of evidence is admissible. The Court emphasized that confessions made to police officers cannot be included when proving statements under this section. The bench expressed concern over trial courts being influenced by inadmissible confessions. In this particular case, the trial court had allowed the investigating officer to include the accused’s confession regarding involvement in a murder, which is impermissible under Sections 25 and 26 of the Evidence Act. The Court criticized this practice, reiterating that only information directly linked to the discovery of facts while in police custody can be used. Since the prosecution's case relied entirely on circumstantial evidence that failed to establish guilt beyond a reasonable doubt, the Court acquitted the accused of abduction and murder charges. This ruling reaffirms the strict boundaries of admissibility when dealing with statements made in police custody. #confession #statements #police #custody #admissible #supremecourt #evidencelaw

STATUTES IMPORTANT FOR UNDERSTANDING THE CRIMINAL TRIAL P.P.C - M.Mahmood Cr.P.C - Shoukat Mahmood HIGH COURT RULES AND ORDERS QANOON-E-SHAHADAT ORDER, 1984 POLICE ORDER, 2002 POLICE RULES, 1934 HEALTH RULES