BNS/IPC
MP High Court Grants Bail To Minor Accused Of Murder, Says Probation Officer's Report Indicates Possibility Of Improvement Under Proper Care
The Madhya Pradesh High Court granted bail to a child-in-conflict with law booked in a murder case, after taking note of the probation officer's report which indicated the possibility of improvement in the conduct of the child under proper carer and family supervision.The court thus directed the applicant's release and directed handing over custody to the applicant's father on him...
'Used & Discarded Her As Though She Were A Mere Commodity': J&K&L High Court Upholds Abetment To Suicide Charge Against Boyfriend
The High Court of Jammu & Kashmir and Ladakh has partly allowed a petition challenging framing of charges under Sections 306 and 107 of the Indian Penal Code in a case of alleged abetment of suicide.The Court thus upheld the framing of charges against the boyfriend (petitioner No.1) who was in a five-year relationship with the deceased, observing that the material disclosed not just a...
J&K&L High Court Quashes FIR Over Alleged Encroachment On Evacuee Property, Says Cognisance Barred Without Complaint By Competent Authority
The Jammu and Kashmir and Ladakh High Court has quashed an FIR and all consequential proceedings against few persons who were charged under Sections 447 and 186 of the Indian Penal Code and Section 18 of the J&K State Evacuees (Administration of Property) Act, Svt. 2006, holding that the Trial Court had no jurisdiction to take cognizance of the said offences on the basis of a police report...
Lack Of CDR From Rural Telephone Exchange In 2003 Not Material : Supreme Court Upholds Conviction In Kidnapping Case
The Supreme Court recently observed that non-production of the Call Detail Record (CDR) would not be fatal to the prosecution's case, when the substantive oral evidence remains cogent, credible, and completely unimpeached. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale upheld the conviction of two individuals, who were accused of kidnapping for a ransom under Section 346A...
Taunting Wife Over 'Small Car', Insufficient Gold Prima Facie Amounts To Cruelty U/S 498A IPC: Delhi High Court
The Delhi High Court has held that repeated taunts directed at a woman over allegedly bringing insufficient dowry, including remarks about a “small car” and lesser quantity of gold, prima facie amount to cruelty under Section 498A of the Indian Penal Code.Justice Swarana Kanta Sharma made the observation while partly allowing revision petitions filed by the State and the father of a...
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...