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SC Is Set To Consider Petitions Challenging The Sedition Law In January

SC

Chief Justice D Y Chandrachud stated that he would form a suitable bench to address the issue.

On Wednesday, the Supreme Court announced that it will review a series of petitions challenging the constitutional validity of the sedition provision in the Indian Penal Code (IPC) in January. This comes several months after the introduction of bills by the Centre in Parliament, aiming to replace colonial-era penal statutes, with one proposal being the repeal of the sedition law.

Chief Justice D Y Chandrachud expressed his intention to form a suitable bench to address the issue. Additionally, advocates Prasanna S and Pooja Dhar were appointed as nodal counsel to assist in compiling relevant case laws and statutory material ahead of the hearing.

Also read: 2 Army Personnel Killed In Encounter With Terrorists In Jammu And Kashmirโ€™s Rajouri

Previously, the Supreme Court had rejected the Centerโ€™s strong request to postpone the referral of the petitions to a larger bench. The Center argued that Parliament was in the process of โ€œre-enactingโ€ the provisions of the Indian Penal Code (IPC), and a bill had been submitted to a standing committee.

The sedition law, outlined in section 124A of the Indian Penal Code (IPC), imposes a maximum life imprisonment sentence for generating โ€œdisaffection towards the government.โ€ This law was incorporated into the penal code in 1890, a substantial 57 years before Independence and nearly three decades after the IPC was established.

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โ€˜Kissing Fondling Boy, 14, Not Unnaturalโ€™: Bombay High Court Grants Bail To Accused

Aleesha Sam

Mumbai: The Bombay High Court ruled that kissing on the lips and fondling are not unnatural acts under Indian Penal Code Section 377, and granted bail to a man accused of sexually assaulting a minor kid.

Justice Anuja Prabhudessai recently granted bail to the guy who was arrested last year after the 14-year-old boyโ€™s father submitted a police complaint.

The boyโ€™s father discovered some money missing from their cupboard, according to the FIR. He was informed by the youngster that he had delivered the money to the accused. The child claimed he used to go to the accused personโ€™s shop in a Mumbai suburb to recharge an online game called โ€œOla Party,โ€ which he enjoyed.

The accused kissed him on the lips and groped his private parts one day when he went to get the recharge, the child claimed.

The boyโ€™s father then approached the police, who filed a FIR against the accused under relevant parts of the Prevention of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC) Section 377, which deems carnal intercourse or any other unnatural act a punishable offence.

Notably, IPC Section 377 has a possible sentence of life imprisonment, making bail difficult to obtain.

While granting bail to the accused, Justice Prabhudessai remarked that a medical examination of the youngster did not substantiate his claim of sexual assault.

She further stated that the POCSO sections imposed on the defendant contained a maximum penalty of five years and that he was eligible for bail.

โ€œThe statement of the victim as well as the First Information Report (FIR) prima facie indicate that the applicant had touched the private parts of the victim and kissed his lips. In my considered view, this would not prima facie constitute offence under section 377 of the Indian Penal Code,โ€ the judge said.

The high court also highlighted that the accused had already been detained for a year and that the trial in the case was unlikely to start anytime soon.

โ€œConsidering the above facts and circumstances, the applicant is entitled for bail,โ€ the high court said, while granting bail to the accused on a personal bond of โ‚น 30,000.

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