BNSS

Strict Compliance Mandatory: The Necessity of Police Reports Before Directing Investigations Under Section 175(3) & (4) of BNSS

A Magistrate cannot mechanically order an investigation under Section 175(3) or 175(4) of the BNSS without an affidavit, without calling for submissions/reports from the police, and without applying judicial mind…

cctv
Acquittal

Acquittal: Conviction cannot be based on confession to IO despite no Section 65B certificate for CCTV footage

loan
Latest

Real estate is not an illegal business and the Indian Bank which kept the money sold in auction was not disbursed to the legal heirs is illegal

BNS

Sentencing: Fine: Forcing the Accused To Pay Duplicate Fines For the Same Sentence Would Be Amount To Double Punishment

General

SC Shields Husband from Baseless DV Case; Dissolves Dead Marriage Citing Irretrievable Breakdown

BNSS

Section 156(3) CrPC: Mere existence of a civil remedy does not by itself bar criminal proceedings If Allegations prima-facie disclose a cognizable offence

DV Act
ad. Jegan

Limitation For Initiation Of Domestic Violence Proceedings: Revisiting The Ratio In Kamatchi

351 bnss
Ad. Sunil Nishi Kumar

No ambiguity: Section 351 of BNS is a non-bailable offence in Tamil Nadu

domestic violence
Acquittal

Supreme Court again discouraging DV Act proceedings after a valid divorce compromise

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child witness
Acquittal

Corroboration of testimony of child witness before a conviction is required

demand
Acquittal

Discrepancy in the use of the complainant’s fingers (two or five) to pick up the demanded money from his pocket has some bearing while considering the entire evidence

drowning
Acquittal

Acquittal: Defence of the accused is that the deceased accidentally drowned and the post-mortem report did not suggest homicide

alibi
Acquittal

Alibi: Quash: The service certificate is not a disputed one thus the High Court can quash the criminal proceedings on the fact of alibi based on that certificate

denovo trial
3 judge bench

Denovo Trial: Unusual recording of confession statements based on judicial directions and the doubt of subsequent insertion of statutory warning in the confession creates serious doubts

This judgment adjudicates a batch of criminal appeals stemming from a devastating bomb explosion on a public transport bus in 1996, which resulted in fourteen fatalities and numerous injuries. The…

hostile
BNSS

Honour killing: The court must see whether a hostile witness is totally discredited if not the court should not discard his testimony entirely

april'26
Digest

What’s New In April’26

section 319
Acquittal

Section 319 Cr.P.C: Trial court can decide whether an application under section 319 Cr.P.C should be decided with or without waiting for cross-examination

dowry death
Acquittal

Dowry death: Demand is for celebrating birth of male child and not for marriage further difference between admissibility and acceptability/reliability is explained

dv quash
Ad. Azhar Basha

Now You Can File Quash Application In Domestic Violence Cases: Hon’ble Supreme Court Settled The Issue

mob violence
Ad. James Raja

An Incomplete Legislative Response to Mob Violence; Restricting Criminalization to Cases Resulting in Death and Negating the Requirement of Mens Rea

secondary evidence
Digest

A Study On Secondary Evidence (notes)

complaint and bail
Ad. Ramprakash Rajagopal

Obtain Bail or Anticipatory Bail in Complaint cases or Go Inside

Evidence

Prosecution has proved the case through hostile witness

General

The facts of the present case can be brought under exception I of Section 300 of IPC and thus is punishable u/s. 304(I) of IPC and not u/s. 302 of IPC

nbw
General

Recall: 70(2) CrPC: Only Revision lies against order issuing against NBW and not Crl.O.P jurisdiction [Editor’s note inside]

Latest

POCSO: Victim’s testimony before the Court is clear and cogent and almost the same as per the statement recorded u/s. 164 Cr.P.C and there has been no exaggeration or any inconsistency

156
BNSS

Rejecting the petition filed under section 156(3) CrPC does not prevent the police to register FIR inasmuch the poser of registering FIR flows from section 154 CrPC

161
Acquittal

Section 161 CrPC witness statements cannot be used to convict the accused only their testimony can be used to convict or acquit the accused

rape
Acquittal

Rape of child: Acquittal based on the Forensic Lab Report which is inconsistent with the testimony of the witness before the court

confession
Acquittal

Acquittal: A confession taken from a suspected person in police custody by using third-degree methods is not acceptable as evidence hence trial court conviction is set aside

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