BNS/IPC
Every Section 498A IPC Conviction Can't Automatically Translate To Offence Of Moral Turpitude: Punjab & Haryana High Court
The Punjab and Haryana High Court has observed that there is no general rule that every offence under Section 498-A IPC due to its very nature must automatically translate into an offence involving moral turpitude for the purpose of civil consequences in employment, promotion or higher education. In doing so the court granted relief to a former SBI branch manager who was discharged from...
Kerala High Court Judge Calls Own Judgment 'Per Incuriam'; Says Illegal Sand Mining Attracts Both Sand Act Offences And Theft Under BNS
The Kerala High Court recently clarified that a person can be prosecuted for illegal removal or transportation of river sand as per the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 in addition to the offence of theft under the Bharatiya Nyaya Sanhita.Dr. Justice Kauser Edappagath remarked that his earlier decision in Mohammed Noufal v. State of Kerala was...
Case Can't Be Quashed Merely Because FIR Was Lodged Under BNS Instead Of IPC For Pre-July 2024 Offence: Telangana High Court
The Telangana High Court has held that criminal proceedings cannot be quashed merely because the police registered a case under the BNS 2023, even though the alleged offence occurred prior to the enactment of the new criminal law framework. The BNS came into force from July 1, 2024 replace the Indian Penal Code, 1860. The Court clarified that such an error does not vitiate the proceedings, as...
Refusing Marriage Citing Kundli Mismatch After Physical Relations, Repeated Assurances Attract S.69 BNS: Delhi High Court
The Delhi High Court has observed that refusing marriage citing kundli mismatch after establishing physical relations and repeated assurances of marriage attracts Bharatiya Nyaya Sanhita, 2023.Section 69 BNS criminalizes sexual intercourse achieved through deceitful means.Justice Swarana Kanta Sharma refused to grant regular bail to a man accused of establishing sexual relations with a woman...
Indiscriminate Invocation Of S.498A IPC Trivialises Its Object: Bombay High Court Bemoans Misuse Of Law By Educated Women; Quashes FIR
The Bombay High Court while quashing a First Information Report (FIR) filed against a man and his family held that "indiscriminate" invoking of section 498A of the Indian Penal Code (IPC) by "highly educated" women complainants, only trivialises the object of the section 498A. Sitting at the Nagpur seat, single-judge Justice Pravin Patil noted the "disturbing pattern" of educated women...
'One Incident' Of Husband Slapping Wife For Staying Overnight At Parent's Home Without Telling Him Not Cruelty: Gujarat High Court
The Gujarat High Court has observed that "one incident" of a husband slapping his wife on the ground of her staying overnight at parental home without informing him would not amount to cruelty under Section 498A IPC.Acquitting the husband accused of cruelty and abetment to suicide after 23 years, the court further said that allegation of persistent, unbearable continuous beatings by husband...
Is Man Liable Under S.498A IPC For Cruelty To Live-In Partner? Supreme Court To Examine
The Supreme Court on Thursday is set to examine a significant legal question: whether a man in a live-in relationship, described as a “relationship in the nature of marriage”, can be prosecuted for cruelty under Section 498A of the Indian Penal Code, 1860 or the corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (Section 85).A Bench comprising Justice Sanjay Karol and...
Neighbour Can't Be Booked For Matrimonial Cruelty Under Section 498A IPC: Karnataka High Court
The Karnataka High Court has reiterated that a stranger/neighbour cannot be drawn into cruelty proceedings under Section 498A of the IPC amid matrimonial dispute between the husband, wife or other family members. Justice M Nagaprasanna held thus while allowing a petition filed by one Asha G, neighbour of the complainant's husband, who was booked under Sections 498A, 504, 506, 323 read with 34...
P&H High Court Refuses To Quash Cruelty FIR, Says Allegations Against Mother-In-Law Who Died 23 Yrs Ago Appear To Be Typographical Error
The Punjab & Haryana High Court has dismissed a plea seeking quashing of a cruelty FIR observing that the alleged reference to a deceased mother-in-law in the complaint appeared to be a typographical error and could not, by itself, justify quashing of criminal proceedings. In FIR it was alleged that the mother in law of the complainant who had already passed away 23 years ago used to...
S.498A IPC | Offence Of Cruelty Attracted Even To Live-In Relationships, Void & Voidable Marriages: Karnataka High Court
The Karnataka High Court has held that the provisions of Section 498A IPC (cruelty) are attracted even in cases of a void or voidable marriage, or a relationship in the nature of marriage such as live-in relationships provided the ingredients of the offence are otherwise established.The petitioner man had alleged that the complainant and him were not legally married and thus she could not...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: October 2025
SUPREME COURT Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors: Supreme Court Case: State of Rajasthan v Parmeshwar Ramlal Joshi and others Citation: 2025 LiveLaw (SC) 984 The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except...