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The Supreme Court held that non-filing of अतिरिक्त copies of a charge-sheet under BNSS s.193(8) does not entitle an accused to default bail if the charge-sheet itself was filed in time.
The Division Benchs prima facie direction to the appellant to take down/delete the pages and discussions was disproportionate and unsustainable: given the strong constitutional value of open justice and freedom of speech, and the principles requiring necessity and proportionality before ordering postponement or preventive removal, the impugned directions in paragraph 5 of the High Court order dated 16.10.2024 are set aside.
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The Court held that existing digital KYC frameworks, as applied, result in accessibility barriers for persons with disabilities (notably facial/eye disfigurements and blindness), violating the accessibility and non-discrimination obligations under the RPwD Act, 2016 and constitutional guarantees; accordingly the Court directed regulatory authorities to mandate accessibility standards, adopt alternative liveness and authentication methods, preserve paper/offline KYC options in specified cases, implement audits, grievance mechanisms, human review of rejections, training, and other measures set…
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High Court erred in granting bail by unduly relying on delay in lodging the FIR and non-recovery of a video while giving insufficient weight to the prima facie material including the complaint, statements under Sections 161 and 164 Cr.P.C., testimony of the prosecutrix, the domineering position and influence of the accused (including being son of a sitting MLA) and the realistic risk of tampering/intimidation; therefore the Supreme Court set aside the High Court order granting bail and directed surrender within two weeks, with liberty to seek bail later and directions that lower courts consid…
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The writ petition was dismissed. The Court held that legislative assemblies and their committees possess the power to summon members and non-members and that issuance of the summons in the present case was not, at the stage before the Court, amenable to pre-emptive judicial interdiction because no privilege proceedings had been exercised or concluded; however, the Committee must respect constitutional limits of competence (Article 239AA exclusions — Entries 1 & 2 of List II relating to law and order and police) and para 4(vii) of the Terms of Reference (recommending action/ prosecution) does…
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The tweets in question contained false and distorted allegations which, viewed in context and considering the extent of publication and the standing of the author, tended to scandalise the Supreme Court, undermine its authority and shake public confidence in the judiciary and therefore constituted criminal contempt; the Supreme Court may initiate suo motu contempt proceedings under Article 129 without Attorney General's consent; Twitter as intermediary was discharged on the facts.
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Section 79 of the Information Technology Act, as it stood prior to substitution, did not protect intermediaries against charges for defamation under Section 499/500 IPC; the question of whether appellant is the intermediary and liable is a matter for trial and cannot be decided under Section 482 proceedings at this stage.
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Section 70(1) of the IT Act does not operate independently and must be construed alongside Section 2(k) and Section 17 of the Copyright Act. Copyright in the FRIENDS software, developed for Microsoft and supplied to the Government, does not vest in the appellant due to both statutory and contractual provisions. High Court orders did not warrant interference.
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The Supreme Court held that a constructive and collective approach involving the Nodal Agency, Expert Committee, and search engine owners is needed to address the problem of online sex determination advertisements. All parties are obliged under the law to find solutions for content contravening the 1994 Act and must cooperate in meetings to arrive at satisfactory solutions. The duty of the authorities and intermediaries is to ensure the mandate of the Act is faithfully implemented, and concrete suggestions must be stated in writing for informed measures. The writ petition is disposed of with…
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A person charged in respect of obscenity related to electronic records cannot be prosecuted under Section 292 IPC once discharged under Section 67 of the Information Technology Act, 2000. The IT Act is a special law with overriding effect (ss.79, 81), and its provisions relating to electronic records supersede general criminal law (IPC s.292).
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