ValkyaEditorial

Tagged “kerala-hc”

2 articles on kerala-hc.

Landmark JudgmentKerala High Court

The Kerala High Court PIL on BNS Section 69: a constitutional challenge to the 'false promise of marriage' offence

Section 69 of the Bharatiya Nyaya Sanhita criminalises sexual intercourse obtained by deceitful means — including a false promise to marry. A lawyer's PIL before the Kerala High Court argues that the provision violates Articles 14, 15(1), 19(1)(a) and 21 — that it presupposes male-only power, fails to extend protection to the LGBTQIA+ community, and treats women as objects of patriarchal protection rather than autonomous adults. The High Court has issued notice to the Centre. A digest of the section, the constitutional arguments, and what the challenge will turn on.

Valkya Editorial··11 min
Landmark JudgmentKerala High Court

V.I. Thankappan v. State of Kerala: the BNSS protection for accused with intellectual disability applies retrospectively

A 74-year-old man, diagnosed with Alzheimer's dementia, was facing prosecution under the Prevention of Corruption Act. Justice K. Babu of the Kerala High Court held that the wider protection in the BNSS for accused suffering from intellectual disability — including dementia — applies retrospectively to proceedings initiated before 1 July 2024. A digest of the doctrinal point, the BNSS / CrPC comparison, and its reach.

Valkya Editorial··9 min