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Author: ShadesOfKnife

The National Commission for Women Act 1990

Posted on February 21, 2020 by ShadesOfKnife

Here is the NCW Act 1990.

The National Commission for Women Act, 1990 with OR

Bunch of Notifications and Rules (not pertaining to Act but service conditions of members of this Commission!!!)

Notifications_Rules_0

More mess is available here

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws The National Commission for Women Act 1990 | Leave a comment

IPC 354B – Assault or use of criminal force to woman with intent to disrobe

Posted on February 21, 2020 by ShadesOfKnife

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.


IPC 354A here and IPC 354C here

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 354B - Assault or use of criminal force to woman with intent to disrobe | Leave a comment

IPC 354A – Sexual harassment and punishment for sexual harassment

Posted on February 21, 2020 by ShadesOfKnife

(1) A man committing any of the following acts—
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment.
(2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both.
(3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.


IPC 354 here and 354B here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged IPC 354A - Sexual harassment and punishment for sexual harassment | Leave a comment

The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Rules 2013

Posted on February 21, 2020 by ShadesOfKnife

Here are the Rules framed under the Main Act here.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013
Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Rules of the Act/Ordinance/Notification/Circular The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Rules 2013 | Leave a comment

The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013

Posted on February 21, 2020 by ShadesOfKnife

Here is the Gender biased law that only protects women at workplaces. Also it has the Bill as passed by both House of Parliament along with Objects and Reasons

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Related Rules are available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Gender-biased Laws The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013 | Leave a comment

Asian Resurfacing of Road Agency and Anr Vs CBI

Posted on February 16, 2020 by ShadesOfKnife

In this Landmark judgment, 3-judge bench held as follows,

35. In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up. At times, proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.
36. Thus, we declare the law to be that order framing charge is not purely an interlocutory order nor a final order. Jurisdiction of the High Court is not barred irrespective of the label of a petition, be it under Sections 397 or 482 Cr.P.C. or Article 227 of the Constitution. However, the said jurisdiction is to be exercised consistent with the legislative policy to ensure expeditious disposal of a trial without the same being in any manner hampered. Thus considered, the challenge to an order of charge should be entertained in a rarest of rare case only to correct a patent error of jurisdiction and not to re-appreciate the matter. Even where such challenge is entertained and stay is granted, the matter must be decided on day-to-day basis so that stay does not operate for an unduly long period. Though no mandatory time limit may be fixed, the decision may not exceed two-three months normally. If it remains pending longer, duration of stay should not exceed six months, unless extension is granted by a specific speaking order, as already indicated. Mandate of speedy justice applies to the PC Act cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be. In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters. Same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced.
37. The High Courts may also issue instructions to this effect and monitor the same so that civil or criminal proceedings do not remain pending for unduly period at the trial stage.

R.F. Nariman concurs and holds,

5. On a reference made to a 2-Judge Bench in the Delhi High Court, the learned Chief Justice framed, what he described as, “three facets which emanate for consideration”, as follows:
“(a) Whether an order framing charge under the 1988 Act would be treated as an interlocutory order thereby barring the exercise of revisional power of this Court?
(b) Whether the language employed in Section 19 of the 1988 Act which bars the revision would also bar the exercise of power under Section 482 of the Cr.P.C. for all purposes?
(c) Whether the order framing charge can be assailed under Article 227 of the Constitution of India?”
Answers given to the “three facets” are in paragraph 33 as follows:
“33. In view of our aforesaid discussion, we proceed to answer the reference on following terms:
(a) An order framing charge under the Prevention of Corruption Act, 1988 is an interlocutory order.
(b) As Section 19(3)(c) clearly bars revision against an interlocutory order and framing of charge being an interlocutory order a revision will not be
maintainable.
(c) A petition under Section 482 of the Code of Criminal Procedure and a writ petition preferred under Article 227 of the Constitution of India are
maintainable.
(d) Even if a petition under Section 482 of the Code of Criminal Procedure or a writ petition under Article 227 of the Constitution of India is entertained by the High Court under no circumstances an order of stay should be passed regard being had to the prohibition contained in Section 19(3)(c) of the 1988 Act.
(e) The exercise of power either under Section 482 of the Code of Criminal Procedure or under Article 227 of the Constitution of India should be sparingly and in exceptional circumstances be exercised keeping in view the law laid down in Siya Ram Singh (supra), Vishesh Kumar (supra), Khalil
Ahmed Bashir Ahmed (supra), Kamal Nath & Others (supra) Ranjeet Singh (supra) and similar line of decisions in the field.
(f) It is settled law that jurisdiction under Section 482 of the Code of Criminal Procedure or under Article 227 of the Constitution of India cannot
be exercised as a “cloak of an appeal in disguise” or to re- appreciate evidence. The aforesaid proceedings should be used sparingly with great
care, caution, circumspection and only to prevent grave miscarriage of justice.”

Asian Resurfacing of Road Agency and Anr Vs CBI on 28 March 2018

Another 3-judge bench, again in Oct 2020, had to reiterate the position on the 6-months limit imposed by Supreme Courts, on all stays granted in Civil and Criminal Cases.

Asian Resurfacing of Road Agency and Anr Vs CBI on 15 Oct 2020

Another 2-judge bench clarified that the automatic vacation of 6-months stay only applies to civil and criminal matters only but not to writ petitions.

Asian Resurfacing of Road Agency and Anr Vs CBI on 25 Apr 2022 (Clarification regd Writs)

Citations: [2018 ILR KER 2 79], [2018 KHC 2 380], [2018 RCR CRIMINAL 2 415], [2018 SCALE 5 269],

Other Source links: https://indiankanoon.org/doc/172610348/ or https://www.casemine.com/judgement/in/5abbcd474a93267cfe9ebef0


Earlier Delhi High Court order (by Shiv Narayan Dhingra ji):

https://www.casemine.com/judgement/in/58117f222713e179478f3bf5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court Asian Resurfacing of Road Agency and Anr Vs CBI Catena of Landmark Judgments Referred/Cited to CrPC 397/399 - Revision CrPC 397/401 - Revision Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

CrPC 473 – Extension of period of limitation in certain cases

Posted on February 16, 2020 by ShadesOfKnife

Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 473 - Extension of period of limitation in certain cases | Leave a comment

CrPC 472 – Continuing offence

Posted on February 16, 2020 by ShadesOfKnife

In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 472 - Continuing offence | Leave a comment

CrPC 471 – Exclusion of date on which Court is closed

Posted on February 16, 2020 by ShadesOfKnife

Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.
Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 471 - Exclusion of date on which Court is closed | Leave a comment

CrPC 470 – Exclusion of time in certain cases

Posted on February 16, 2020 by ShadesOfKnife

(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
Explanation.—In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.
(4) In computing the period of limitation, the time during which the offender—
(a) has been absent from India or from any territory outside India which is under the administration of the Central Government, or
(b) has avoided arrest by absconding or concealing himself, shall be excluded.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 470 - Exclusion of time in certain cases | Leave a comment

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