BNS/IPC
Rajasthan High Court Quashes Case U/S 498A IPC Against Sister-In-Law, Says Relatives Often Implicated In 'Heat Of Moment'
While quashing cognizance under Section 498A, IPC, against the married sister-in-law of the deceased, Rajasthan High Court observed that it was common that most of the matrimonial complaints were filed in the heat of the moment, wherein the relatives of far-relation were also implicated as accused. Justice Anoop Kumar Dhand held that ordinarily, in matrimonial disputes, the women was subjected...
Courts Must 'Nip In The Bud' Proceedings By Unlicensed Money Lenders; Investigation Against Them Need Not Await New Law : Supreme Court
The Supreme Court recently clarified that its earlier order closing the suo motu proceedings on unauthorised money lending should not be construed to mean that no law presently exists on the subject or that enforcement actions must wait for fresh legislation by States or Union Territories.The Court clarified that existing provisions under the State money lending laws and the Bharatiya...
'Only Prima-Facie Case Needed At Summoning Stage': Rajasthan High Court Upholds Cognizance Order Against In-Laws In Dowry Death FIR
Rajasthan High Court dismissed a plea against a trial court order taking cognizance against a woman's in-laws under Section 498A IPC, observing that at the stage of summoning there has to be only prima facie satisfaction and that the allegations of dowry demands, torture by the in-laws were sufficient to proceed against them, As per admitted facts, the deceased married the petitioners' son...
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...
