- Case
- JOTHIRAGAWAN v. THE STATE REP. BY THE INSPECTOR OF POLICE (Supreme Court of India, 24-03-2025)
- Law
- Code of Criminal Procedure, Indian Penal Code.
Code of Criminal Procedure, 1973: The judgment discusses Section 482 Cr.P.C., which pertains to the inherent powers of the High Court. The High Court rejected an application under this section. The Supreme Court notes that the High Court should have interfered in exercise of its inherent and extraordinary powers under Section 482 Cr.P.C. to prevent abuse of the process of the court.
Indian Penal Code, 1860: The judgment discusses Section 90 IPC, which relates to consent obtained under misconception of fact. The counsel for the victim argued that the victim's consent was obtained on the promise of marriage, bringing it under Section 90 IPC. The judgment also mentions Section 376 IPC, which defines the offence of rape. The court examines whether the ingredients of an offence under Section 376 IPC are met based on the complainant's statements.
