HC: Clicking woman’s pic near her house not voyeurism

HC: Clicking woman’s pic near her house not voyeurism 

TIMES NEWS NETWORK 6.11.2024

Kochi : If a woman is in a public or private place where she would not typically expect privacy or protection from being seen or photographed, the offence of voyeurism is not applicable, the high court has held. Justice A Badharudeen made this ruling in response to a petition filed by two accused seeking to quash the charges against them for allegedly taking a photograph of a woman in front of her house and making gestures with sexual intent. 

According to the prosecution, the incident occurred in 2022 when the complainant was in front of her house, and the accused approached in a car, took photographs of her and the house, and, when confronted near the gate, made gestures with sexual implications. The police registered a case against the accused under sections 354C (voyeurism) and 509 (word, gesture, or act intended to insult the modesty of a woman) of the IPC. 

In considering the petition, the bench observed that the offence of voyeurism applies only when a woman is watched or photographed while engaged in a private act, under circumstances where she would usually expect not to be observed. Since the accused took the photograph while the complainant was in front of her house, the offence under section 354C IPC was not applicable, leading to its quashing. However, the bench noted that the accused’s actions could attract charges under Section 354A(1)(i) and (iv) (sexual harassment and punishment for sexual harassment) of the IPC.

NEWS TODAY 6.11.2024

 

NEWS TODAY 6.11.2024

 

Press release by itself can’t amend law: SC

Press release by itself can’t amend law: SC 

AmitAnand.Choudhary@timesofindia.com 06.11.2024

New Delhi : In an important ruling, Supreme Court on Tuesday held that a press release issued by govt on Cabinet decision regarding change in policy cannot be treated as a law to claim benefits on that basis and it would be assumed to come into force when notification is issued. Abench of Justices B R Gavai, Prashant Kumar Mishra and K V Viswanathan said press release by govt would not mean that the existing law or policy stands changed on that day and it is at best a promise by govt and not any alteration of the law proprio vigore (by its own force). The court rejected the plea of Nabha Power Ltd, which sought relief on the basis of a press release issued by Press Information Bureau on Cabinet decision on a new legal regime for customs duty exemptions for mega power projects. Although the press release was issued on October 1, 2009, the finance ministry had issued notifications on Dec 11 and 14, 2009, and the company pleaded that the law should be assumed to have been amended on the date of press release which can be considered as a “law

Playing cricket witha cork ball not a criminal offence: HC

Playing cricket witha cork ball not a criminal offence: HC

A scheme for compensating such eventualities could be framed, says judge.

Mohamed Imranullah S.

CHENNAI 05.11.2024 

The Madras High Court has quashed a case of culpable homicide, not amounting to murder, registered against the organisers of a local cricket match after a fielder died when a cork ball used in the game hit his chest due to an aggressive and attacking shot played by the batsman.

Justice G. Jayachandran said it was common in this part of the country for youngsters to play cricket with a cork ball and that there was no prohibition for the use of such balls in any match. Therefore, an unfortunate death of a player could not lead to a criminal case, he added.

However, considering the fact that the deceased D. Loganathan was a third-year law student and the only son to his parents, the judge directed the Tiruvallur District Legal Services Authority (DLSA) to find out if there was any scheme available to pay monetary compensation to his family.

If there was any such scheme, the DLSA was directed to forward its recommendation to the Collector within two months, and the latter was directed to take an appropriate decision within two months thereafter.

The father N. Dhamodhiran, a daily-wage worker, had appeared before the court in person since he had no means to engage a lawyer to argue on his behalf in the petitions filed by the match organisers R. Rasu and P. Iyappan to quash the First Information Report (FIR) registered by Pullarambakkam police in Tiruvallur district.

The petitioners’ counsel G. Saravanabhavan told the court that the complainant’s son had voluntarily participated in the cricket match between Punnapakkam Cricket Club and Puthuvallur Cricket Club at Othikadu lake on December 13, 2020, and died after the ball hit him on the field.

The counsel said one of his clients, Mr. Rasu, was not even present at the time of the incident as he was writing the Grade II police constable examination at Perumalpattu. He added that the other petitioner had nothing to do with the death but for having been the organiser of the match.

‘No intention’

After recording his submissions, the judge said Section 304 of Bharatiya Nyaya Sanhita (BNS) could be invoked only if there was an overtact on the part of the accused with the knowledge that their act was likely to cause death even if there was no intention to cause such death.

In the present case, “the deceased Loganathan has voluntarily participated in the match and got injured. Neither, the batsman nor the organisers had any intention to cause death or hurt,” the judge said.

Therefore, “the present criminal original petitions are allowed. The FIR on the file of the first respondent police is hereby quashed,” the judge concluded and told Government Advocate (criminal side) S. Udayakumar that the government could come up with a scheme for compensating such deaths.

Justice Jayachandran said the Department of Youth Welfare and Sports Development could frame a scheme for compensating eventualities that occur during sporting events.