FIRST LAW

Kerala Police Act, 2011 - Section 130 (2) -  Police Complaints Authority -  Since the rule making power is with the Government, the Government is perfectly competent to issue executive orders fixing the conditions of service including the tenure of the Chairperson and Members of the Authority.

Police Act, 2011 (Kerala) - S.63 - Police action in disputes which may lead to cognizable offence -  Plaintiff contended that the police department cannot be selective in enforcing the orders passed by courts. A serious complaint is raised that they adopt different postures and stances in implementing the court orders. No discretion is vested in any of officers of police department, however high he may be, to decide as to which court order shall be enforced and which shall not be.

Penal Code, 1860 - Ss. 294(b) - Police Act, 2011 ( Kerala)   -  S.119(b) -  taking photographs or records or videos of propagate them at any place in a manner affecting reasonable privacy of a woman - What is meant by the reasonable privacy of a woman ? I n the absence of a clear definition as to what is meant by a transgression into the privacy of a person, the conduct of the petitioner cannot ex post facto be brought within the campus of offending a statutory provision.

Police Act, 2011 ( Kerala) -  S. 118 (e) -  Penalty for causing grave violation of public order or danger - Knowingly does any act which causes danger to public or failure in public safety - Whether using a mobile phone while driving a vehicle through a public road will also constitute the offence ? Unless the 'act' of accused causes danger to public or failure in public safety, the penal provision under Section 118(e) will not be attracted.