LEGAL COMPENDIUM 2024

MARCH
 MARCH 2024
Table of content
Case Analysis: Prabhat Kumar Mishra @ Prabhat Mishra v. State
of U.P. & Anr. (2024) | Abetment of Suicide 1-2
3
CAA,2019.

Appointment of AM Khanwilkar as Lokpal Chairperson 4

Resignation of EC Arun Goel 4

High level committee submits its report on one nation one

election 5

Punjab and Himachal Pradesh dispute on Shanan Hydropower

Project 6

Case analysis of Sita Soren v. UOI 7-8

Assam Repeals Muslim Marriage Act 9

Maratha Reservation Bill 10

MoHFW allowe one Donor Gamete for undergoing

11
surrogacy subject to medical condition prescribed by
District Medical Boards
Senior care reform by NITI Ayog 12

Amendment to Electricity (Right to consumer) Rule 2020 13

 1

Case Analysis: Prabhat Kumar Mishra @ Prabhat

Mishra v. State of U.P. & Anr. (2024) | Abetment of
Suicide
FACTS
The present case is an appeal against the judgment passed by the Allahabad High Court
which rejected the application filed by the present appellant u/s 482 CrPC.The case was
related to abetment of suicide under which a criminal case was filed against the
appellant. The case came to be registered with the police under Section 306 IPC (abetment
to suicide) and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act 1989.

ISSUE
Whether the institution of the criminal case against the appellant is valid and legal by
provisions of IPC for an offence and Section 3(2)(v) of the SC/ST Act.

CONCLUSION
It was concluded by the court that the order of the
High Court and all proceedings against the
appellant in the present criminal case involving
him for abetment to suicide u/s 306 IPC and
Section 3(2)(v) of SC/ST Act are quashed.
 2

KNOW THE LAW

Section 3(2)(v) of The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989

Whoever not being the member of SC/ST commits any offence

under the Indian Penal Code punishable with imprisonment
for a term of ten years or more against a person or property
knowing that such person is a member of a Scheduled Caste or
a Scheduled Tribe or such property belongs to such member,
shall be punishable with imprisonment for life and with fine;

Section 482 of the Criminal Procedure Code

Section 482 of the CrPC provides for a wide ambit of powers of

the High Court to secure the ends of justice. The power vested
in Article 226 of the Indian Constitution empowers litigants to
directly approach High Courts to safeguard their fundamental
rights and rectify injustices.
Section 306 of the Indian Penal Code

If any person commits suicide, whoever abets the commission

of such suicide, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall
also be liable to fine.
 3

CAA, 2019
The Ministry of Home Affairs (MHA) on March 11 notified the
Citizenship Amendment Rules, 2024 that would enable the
implementation of the Citizenship Amendment Act (CAA) passed by
the Parliament in 2019
All you need to know about CAA
The CAA was passed to provide Indian citizenship to undocumented
immigrants who entered India on or before 31st December 2014. The
Act was passed for migrants of six different religions such as
Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from
Afghanistan, Bangladesh, and Pakistan.

Who is an illegal migrant in India?

Under the Act, an illegal migrant is a foreigner who:
Enters the country without valid travel documents like a
passport and visa, or
Enters with valid documents, but stays beyond the permitted
time period.
Illegal migrants may be put in jail or deported under the Foreigners
Act, 1946 and the Passport (Entry into India) Act, 1920.
 4

Former Supreme Court judge A.M.

Khanwilkar appointed as Lokpal
chairperson. The Lokpal has been
working without its regular chief
after Justice Pinaki Chandra Ghose
completed his term on May 27,
2022.

Appointment of AM Khanwilkar as Lokpal Chairman

Mr. Goel, a retired bureaucrat,

was a 1985-batch IAS officer of
the Punjab cadre. He joined the
EC on November 21, 2022.Mr.
Goel’s tenure was till 2027. With
his resignation, the Election
Commission has been rendered
with just one member — Chief
Election Commissioner Rajiv
Kumar.

Resignation of EC Arun Goel

 5

High level Committee submits its report on

One Nation, One Election- Simultaneous
Elections core to Aspirational India

The High level Committee on Simultaneous Elections constituted

under the Chairmanship of Shri Ram Nath Kovind, former
President of India, met the Hon’ble President of India, Shrimati
Droupadi Murmu, and submitted its Report. The Report,
comprising 18,626 pages, is an outcome of extensive
consultations with stakeholders, experts and research work of 191
days, since its constitution on 2 September, 2023.
 6

Recently, the central government ordered that the status

quobe maintained on the Shanan hydropower project, over
which Punjab and Himachal Pradesh have made competing
claims.
Punjab has moved the Supreme Court over this issue.

Know the Law

Under Article 131 the government of Punjab has requested a
"permanent Prohibitory Injunction"from the Supreme
Court.
This injunction is sought to prevent the Himachal Pradesh
government from interfering with the"lawful peaceful
possession and smooth functioning" of the Project.
 7

Case Analysis: Sita Soren v. UOI 2024

LiveLaw (SC) 185

Bribery Not Protected By Legislative Privileges; No Immunity For

MPs/MLAs Taking Bribe For Vote/Speech In Legislature : Supreme
Court

In a landmark decision, the Supreme Court on 4th March,

overturned the 1998 PV Narasimha Rao judgment which held that
members of parliament and legislative assemblies could claim
immunity under Articles 105(2) and 194(2) of the Constitution for
receiving a bribe in contemplation of a vote or speech in the
legislature.
 8

The latest verdict, setting aside the earlier ruling, was

handed out by a seven-judge bench of Chief Justice of India
DY Chandrachud, and Justices AS Bopanna, MM Sundresh,
PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj
Misra.

Know the Law

Article 105(2) of the Indian Constitution confers on MPs
immunity from prosecution in respect of anything said or
any vote given in Parliament or on any parliamentary
committee. Similarly, Article 194(2) grants protection to
MLAs.
 9

ASSAM REPEALS MUSLIM MARRIAGE ACT

Recently, the Assam Government approved Assam

Repealing Ordinance 2024, repealing the Assam Muslim
Marriage and Divorce Registration Act of 1935.
Following the decision, Muslim marriage or divorce
registration can happen only through the Special
Marriage Act, 1954.

Assam Chief Minister Himanta Biswa Sarma called the decision to

repeal the Muslim Marriage Act “a significant step towards
prohibiting child marriages in Assam”
 10

Maratha Reservation Bill

The Maharashtra Assembly recently passed the
Maharashtra State Reservation for Socially and
Educationally Backward Classes Bill 2024, setting aside
10% reservation for the Maratha community in jobs and
education under socially and educationally backward
categories.

The Bill specifies the Maratha community as a Socially

and Educationally Backward Class under Article 342A (3)
of the Indian Constitution. It provides reservation for
this class under Articles 15(4), 15(5), and 16(4) of the
Constitution.
 11

MoHFW allows One Donor Gamete for undergoing

Surrogacy subject to medical conditions prescribed
by District Medical Board.

Key Point: Provision relating “Consent of the Surrogate Mother and

Agreement for Surrogacy” has been revised.

Earlier, the Couple undergoing Surrogacy were supposed to have both

gamete from the intending couple but donor gametes were not
allowed.

Through this amendment, along with the earlier condition, a new

provision has been inserted allowing one donor gamete if the District
Medical Board certifies that either of the intending couple suffers from
some medical condition. It will be necessary that the child to be born
must have at least 1 gamete from the intending couple.

The provision regarding the surrogacy of single woman remains the

same, i.e., only a widow or divorcee is allowed.
 12

Senior Care Reforms in India by NITI Ayog

NITI Aayog has called for tax and legal reforms, housing
sector reforms and a robust pension and insurance system
for enhancing elderly care in India as the country witnesses a
surge in the number of older people

Karnataka’s Temple Tax Amendment

The Bill was meant to amend multiple provisions in the

Karnataka Hindu Religious Institutions and Charitable
Endowments Act (KHRI& CE), 1997.
The Bill, aimed to alter the taxation of Hindu temples.
It proposed diverting 10% of gross income from temples
making over Rs 1 crore annually to a common pool for
temple maintenance.

Previously, the allocation was 10% of the net income

for temples earning over Rs 10 lakh annually.
 13

Amendment to Electricity (Right to consumer) Rule

2020
Recently, the Ministry of Power has notified amendments to the
Electricity (Rights of Consumers) Rules, 2020, to accelerate the
installation of Rooftop Solar Projects and empower consumers –
with provisions on connections in residential societies and
solving complaints on meter readings.

Key points
For systems of capacity higher than 10 kW, the timeline for
completing the feasibility study has been reduced from 20 to
15 days.
Further, the timeline for the distribution licensee to
commission Rooftop Solar PV systems has been reduced from
30 to 15 days.
The time period for obtaining a new electricity connection
has been reduced from 7 to 3 days in metropolitan areas, from
15 to 7 days in other municipal areas, and from 30 to 15 days in
rural areas.