Domestic Violence, Corruption, Cyber, Consumer and Motor Accident Laws — Practice

Question 1

Which case overruled S. R. Batra on the meaning of shared household?

Accepted Answer

Satish Chander Ahuja v. Sneha Ahuja (2020).

Question 2

What is the limitation period for a consumer complaint?

Accepted Answer

Two years from the date on which the cause of action arises, under Section 69.

Question 3

List the reliefs a Magistrate can grant under the DV Act.

Accepted Answer

Protection orders (Section 18), residence orders (Section 19), monetary relief (Section 20), custody orders (Section 21) and compensation for mental torture and emotional distress (Section 22), with interim and ex parte orders under Section 23.

Question 4

What is Section 17A of the Prevention of Corruption Act?

Accepted Answer

Inserted in 2018, it requires prior approval of the competent authority to conduct any inquiry or investigation into an offence alleged to have been committed by a public servant in relation to a decision taken in the discharge of official functions, but not in a case of arrest on the spot on the charge of accepting a bribe.

Question 5

Name four offences under the IT Act and state what happened to Section 66A.

Accepted Answer

Identity theft (66C), cheating by personation (66D), violation of privacy (66E) and publishing obscene material (67). Section 66A was struck down in Shreya Singhal v. Union of India (2015).

Question 6

How is demand and acceptance proved under the Prevention of Corruption Act and what is the effect of mere recovery?

Accepted Answer

Demand and acceptance are essential. Where direct evidence is unavailable, a Constitution Bench in Neeraj Dutta (2022) held that they can be proved by circumstantial evidence. Mere recovery of money is not enough (P. Satyanarayana Murthy, 2015). Once acceptance is proved, Section 20 raises a presumption that it was a motive or reward, which the accused may rebut.

Question 7

A woman living with her partner in a house owned by his parents is beaten and told to leave. She applies to the Magistrate. Advise.

Accepted Answer

A live-in relationship in the nature of marriage is a domestic relationship, so she is an aggrieved person. The house is a shared household even though the parents own it (Satish Chander Ahuja). She may obtain a protection order and a residence order. The respondents may include the partner and relatives, since the Act no longer limits respondents to adult males (Hiral Harsora).

Question 8

Before which body is a claim under Section 166 of the Motor Vehicles Act made?

Accepted Answer

The Motor Accident Claims Tribunal.

Practice — Domestic Violence, Corruption, Cyber, Consumer and Motor Accident Laws

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