February 2025 has witnessed from acquitting a man on death row due to flawed investigations to upholding the power of tax authorities to arrest under the GST and Customs Acts, these decisions impact diverse aspects of governance, criminal law, and individual rights.
This blog provides a concise analysis of key judgments, covering issues such as the appointment of election commissioners, maintenance rights in void marriages, the legality of marital rape, and the mandatory NEET requirement for Indian students studying medicine abroad. It also sheds light on the Supreme Court’s stance on political disqualification, freedom of speech, and the imposition of President’s Rule in Manipur.
Also, staying informed on legal developments is essential for those preparing for judicial services, CLAT, or any law-related exams. Here’s a curated list of the top legal news updates of the month for your preparation.
📌 Case Name: Dr. Jaya Thakur & Ors. v. Union of India
The petitioners primarily challenged the appointment process of Election Commissioners under Section 7(1) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 which removed the Chief Justice of India (CJI) from the selection panel.
They argue the law violates a 2023 Supreme Court ruling (Anoop Baranwal v. Union of India), which required an independent selection panel Election Commission of India to prevent political influence in elections. The court refused to fast-track the case but confirmed that it will review the law’s constitutionality and whether excluding the CJI is legal.
What does Section 7(1) say now?
The Chief Election Commissioner and other Election Commissioners shall be appointed by the President on the recommendation of a Selection.
Committee consisting of—
(a) the Prime Minister—Chairperson;
(b) the Leader of Opposition in the House of the People—Member;
(c) a Union Cabinet Minister to be nominated by the Prime Minister—Member.
📌 Case Name: Radhika Agarwal v. Union of India
The Supreme Court ruled that officers can arrest individuals under the GST and Customs Acts, rejecting claims that these powers are unconstitutional. Arrests must be based on valid reasons, not mere suspicion. The court cited the Arvind Kejriwal case, emphasizing the need for clear evidence before making arrests.
BNSS laws apply, ensuring arrested individuals can meet lawyers and exercise legal rights. Anticipatory bail is allowed, even without an FIR. The court addressed complaints that tax officers misuse arrest powers to force tax payments and warned that victims can seek legal relief.
What is Anticipatory Bail?
Section 482 of BNSS governs anticipatory bail. It allows a person to seek bail in anticipation of being arrested for a non-bailable offense.
Relevant Provisions involved:
Customs Act, 1962:
- Section 104(4) & 104(5): Classifies offenses as cognizable and non-cognizable.
- Section 104(6) & 104(7): Defines non-bailable and bailable offenses.
- Section 135: Punishment for offenses related to fraudulent evasion of duty.
Central Goods and Services Tax (GST) Act, 2017:
- Section 69: Grants power to arrest under the GST Act.
- Section 70: Empowers tax officers to summon individuals for inquiry.
Code of Criminal Procedure (CrPC), 1973:
- Section 41, 41-B, 41-D: Guidelines for arrest procedures and rights of arrestees.
- Section 50 & 50A: Right of arrested persons to be informed about their arrest.
- Section 167: Procedure for remand and custody of arrested individuals.
- Section 172: Requirement for maintaining a case diary.
- Section 438: Provision for anticipatory bail.
- Section 439: Power of High Courts and Sessions Courts to grant bail.
📌 Case Name: State of Tamil Nadu v. Governor of Tamil Nadu
The Supreme Court questioned Governor R.N. Ravi for not informing the state government about his objections to 12 pending Bills before suddenly referring them to the President.
The Attorney General stated the Governor had concerns over Vice-Chancellor appointments, but the court asked why these were not communicated earlier.
The court noted that had the Governor informed the Assembly, it could have addressed the concerns instead of re-passing the Bills blindly on November 18, 2023.
The Tamil Nadu government argued that under Article 200, the Governor must act on Bills and cannot withhold them indefinitely. The court stressed the need for transparency.
What were the 12 pending Bills about?
The 12 pending Bills pertained to various governance and administrative matters, including changes in the appointment process for Vice-Chancellors of State Universities.
What is Article 200 of the Constitution?
Article 200 of the Indian Constitution defines the Governor's role in granting assent to Bills passed by the State Legislature. The Governor has four options upon receiving a Bill:
- Give assent, making it a law.
- Withhold assent, effectively rejecting the Bill.
- Return the Bill to the Legislature for reconsideration.
- Reserve the Bill for the President's consideration, especially if it conflicts with Union laws.
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📌 Case Name: Ashwini Kumar Upadhyay v. Union of India
The Supreme Court sought responses from the Union of India and the Election Commission (ECI) on a PIL seeking a lifetime ban on convicted MPs/MLAs, challenging Sections 8 and 9 of the Representation of the People Act, 1951, which limit disqualification to six years post-jail term.
The Court was informed that around 5,000 criminal cases against MPs/MLAs remain pending, citing trial delays, adjournments, and a lack of designated courts as key reasons. The Union Government opposed the lifetime ban, arguing that such changes fall under Parliament’s domain and that existing penalties are sufficient deterrents.
The Court has not issued a final ruling and has directed the Union and ECI to submit detailed responses before making a decision.
Four days after Chief Minister N Biren Singh resigned, the Centre imposed President’s Rule in Manipur, citing the state government’s inability to function properly amid ongoing ethnic violence.
The Governor's report to the President highlighted the worsening law and order situation, leading to the decision. Security agencies were monitoring movements to prevent further violence. The state assembly has been placed under suspended animation, meaning it cannot function until further notice. The BJP-led government collapsed after allies withdrew support, making governance unstable.
Manipur has been facing ethnic conflict between Meitei and Kuki-Zo communities since May 2023, with over 200 deaths. While Kuki-Zo groups welcomed the move, the Congress opposed President’s Rule, calling it a failure of the BJP government.
What Happens Next?
With President’s Rule in place, the state will be governed by the Centre, and the powers of the legislature will be handled by Parliament. The situation will be monitored before fresh elections or a new CM is appointed.
What is President's Rule?
President’s Rule is a situation where the central government takes direct control of a state’s administration because the state government is unable to function as per the Constitution. It is imposed under Article 356 of the Indian Constitution.
📌 Case Name: Gambhir Singh v. State of Uttar Pradesh
The Supreme Court acquitted Gambhir Singh, who was sentenced to death for killing six family members, citing lack of evidence and police negligence. The prosecution failed to prove motive, last seen evidence, or weapon recovery, and the forensic report did not link the accused to the crime.
The investigation was casual and lacked proper witness questioning, leading the court to call it highly flawed.
Since the case relied on assumptions rather than solid proof, the court set aside the conviction and ordered the accused's release.
He was charged under the following sections of the Indian Penal Code (IPC):
- Section 302 IPC – Punishment for Murder
- Section 34 IPC – Common Intention (since multiple accused were involved)
- Section 404 IPC – Dishonest misappropriation of property of the deceased
What is Death Row?
Death row refers to the section of a prison where inmates sentenced to death penalty are held while awaiting execution. Prisoners on death row remain there until their sentence is carried out, commuted, or overturned by an appeal.
📌 Case Name: X v. The Deputy Superintendent of Police & Anr.
The Kerala High Court ruled that even slight contact with a child’s external genitalia qualifies as penetrative sexual assault under POCSO Act, 2012.
The accused argued that since the victim’s hymen was intact, there was no penetration, but the court dismissed this claim, stating that hymenal rupture is not required for conviction.
The court upheld the child’s testimony, stating that if the victim understands questions and their statement matches medical evidence, it is enough for conviction.
Since sexual offences often occur in private, the court ruled that independent witnesses are not mandatory.
Relevant Provisions involved from POCSO Act, 2012:
- Section 3(a) & 3(b) – Definition of penetrative sexual assault.
- Section 4 – Punishment for penetrative sexual assault.
- Section 5(i), 5(l), 5(m) – Aggravated penetrative sexual assault.
- Section 6 – Punishment for aggravated penetrative sexual assault.
- Section 42 – Alternative punishment provision (choosing between IPC or POCSO Act penalties).
Do you know there is something called Digital Rape? Read our article to know more: What is Digital Rape? Laws & Punishment.
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📌 Case Name: Smt. N. Usha Rani & Anr. v. Moodudula Srinivas
The Supreme Court ruled that a woman can claim maintenance from her second husband under Section 125 CrPC, even if her first marriage was not legally dissolved.
The Family Court granted maintenance, but the High Court denied it, stating that her second marriage was void. The Supreme Court overturned this, emphasizing that Section 125 is for social welfare.
Since the second husband knew about her first marriage, he cannot deny maintenance using legal technicalities. The woman had separated from her first husband and received no support. The court restored maintenance, ruling that financial support is a legal and moral duty, even in complex marital situations.
What does Section 125 of CrPC say?
It allows a magistrate to order someone to provide maintenance to their spouse, children, parents, or other dependents.
📌 Case Name: Sukhdev Singh v. Sukhbir Kaur
The Supreme Court ruled that a spouse can receive permanent alimony or maintenance, even if the marriage is declared void under Section 11 of the Hindu Marriage Act, 1955.
The court clarified that Section 25 of HMA allows financial support even in void marriages, depending on case facts and conduct of the parties.
Interim maintenance under Section 24 of HMA can also be granted while the case is pending, giving courts discretion to offer relief.
The ruling resolved conflicting judgments, confirming that a “decree of nullity” does not prevent claims for financial support.
What does Alimony and Maintenance mean?
"Alimony" and "maintenance" both refer to financial support that one spouse may be ordered to pay to the other during or after a divorce, but "alimony" usually implies a one-time payment, while "maintenance" refers to ongoing periodic payments provided to a spouse who needs financial assistance to support themselves, especially if they are unable to do so due to factors like a long marriage or significant disparity in income.
Under Hindu Marriage Act, 1955 -
- Section 24: Provides interim maintenance during pending proceedings
- Section 25: Covers permanent alimony and maintenance after divorce
The Supreme Court ruled that states and union territories must consider early release (remission) of eligible convicts, even if no application is filed by the convict or their family.
The Court stated that states that do not have a remission policy must create one within two months to ensure fairness and consistency in granting remission. The conditions should not be vague, oppressive, or impossible to follow. They must consider the convict’s crime, rehabilitation, and public safety.
If remission is revoked, the government must provide written reasons, notify the convict, and allow them to respond before cancellation.
What is Remission policy?
Remission policy is the process of reducing or shortening a sentence for a convicted criminal. The policy can be based on good behavior, special circumstances, or other legal grounds.
The Supreme Court ruled that Indian students must clear NEET UG before pursuing MBBS abroad if they wish to practice in India.
The rule was introduced in 2018 to ensure uniform medical education standards and was upheld as constitutional and necessary. Students argued that the law was not amended before implementing the rule, but the court upheld MCI’s authority to impose it.
The ruling only applies to students who want to return to India, and does not affect those studying and working abroad.
📌 Case Name: Gorakhnth Sharma v. State of Chhattisgarh
The Chhattisgarh High Court ruled that a husband cannot be prosecuted under Section 376 (rape) or Section 377 (unnatural sex) of the IPC for engaging in non-consensual sexual intercourse, including unnatural sex, with his wife, if she is above 15 years of age.
The case involved a husband accused of committing unnatural sex with his wife, leading to severe injuries and her death. The trial court had convicted him under Sections 377, 376, and 304 IPC and sentenced him to 10 years of imprisonment.
The High Court referred to Exception 2 of Section 375 IPC, which states that sexual intercourse by a husband with his wife (above 15 years old) is not considered rape, and applied the same logic to Section 377 IPC.
The ruling contradicts the Supreme Court’s 2017 judgment in Independent Thought v. Union of India, which raised the minimum age for marital consent to 18 years and stated that forced sex with a wife below 18 is rape.
The High Court overturned the husband's conviction, acquitting him of all charges. This ruling has raised concerns about marital rape laws and women’s rights in India.
The Union Law Ministry has paused the proposed Advocates (Amendment) Bill, 2025, following strong opposition from the legal fraternity. A new draft will be prepared after further consultations.
Lawyers opposed the revisions and amendments in the Act, arguing that the Bill threatens the independence of the legal profession by allowing more government interference.
The government ended the public consultation process and will now revise the Bill based on feedback before reintroducing it for further stakeholder discussions.
What did Advocates (Amendment) Bill, 2025 proposed?
It proposed several significant changes to the Advocates Act, 1961, aiming to modernize the legal profession in India like -
- To ban strikes and boycotts by lawyers and categorizing such actions as professional misconduct.
- To broaden the definition of 'legal practitioner' to include corporate lawyers.
- To register with a Bar Association where the lawyers would primarily practice, with any changes in practice location necessitating notification within 30 days.
- Voting rights would be limited to one Bar Association per advocate.
YouTuber Ranveer Allahbadia and comedian Samay Raina, along with others, are facing multiple FIRs in Assam, Mumbai, and Jaipur over alleged obscenity and indecent discussions on the YouTube show India’s Got Latent.
The Supreme Court granted interim relief but prohibited him and his associates from posting any content on social media and directed him to surrender his passport, restricting his travel.
The ruling contradicts previous Supreme Court judgments cautioning against harsh bail conditions that unfairly limit personal liberty, such as high bail bonds or excessive restrictions.
Past judgments, including Satender Kumar Antil (2022) and Frank Vitus (2024), have ruled that bail conditions must not violate personal freedoms, highlighting the risk of chilling effects on speech and privacy.
He was charged under the following sections:
- Section 79 of BNS, 2023 – Covers insulting a woman's modesty through words, gestures, sounds, or objects, as well as intruding on her privacy.
- Section 196 of BNS, 2023 – Criminalizes speech or actions that promote hatred or enmity between groups, aiming to preserve social harmony and prevent disruptions to peace.
- Section 299 of BNS, 2023 – Deals with deliberate and malicious acts that insult or attempt to insult religious beliefs of any community in India.
- Section 296 of BNS, 2023 – Pertains to obscene acts and songs in public places, aiming to maintain public decency and prevent disturbances.
- Section 3(5) of BNS, 2023 – Establishes joint criminal liability, meaning that if multiple people commit a crime together, each individual is held equally responsible.
- Section 67 of IT Act, 2000 – Criminalizes the publication or transmission of obscene material in electronic form.
The Bhopal district administration has banned begging, giving alms, and purchasing goods from beggars, following a similar ban in Indore.
The order, issued by Collector, invokes Section 163(2) of the BNSS 2023, while violations will be prosecuted under Section 223 BNSS. Authorities claim that beggars obstruct traffic, and many have criminal backgrounds or are involved in drug-related activities. The ban aims to maintain public order and safety.
A shelter home in Bhopal’s Kolar area has been set up for rehabilitating beggars affected by the ban. Even giving ₹10 to a beggar has resulted in police action in Indore, signaling strict enforcement of the ban in both cities.
What does Section 163(2) of the BNSS 2023 say?
It states that an order can be passed ex parte (order that is passed without giving the other party prior notice.) in cases of emergency or when it's not possible to serve a notice in a timely manner.
What is Section 223 of BNSS?
It deals with the examination of complainants and witnesses, and the opportunity to be heard for the accused.
Conclusion
These recent court decisions show how the judiciary plays a key role in protecting justice, individual rights, and good governance. From ensuring fair trials to clarifying important laws, the Supreme Court and High Courts continue to shape India’s legal system. Some rulings support existing laws, while others challenge old rules, sparking important discussions. These judgments not only impact policies and governance but also remind us that the courts are essential in maintaining fairness and justice in our democracy.
Also Read: Top 15 Legal Current Affairs: January 2025