S.94 BNSS Permits Furnishing Existing Records, Not Collating Info: Kerala HC Directs Customs To Provide Duty Register In Drug Smuggling Probe

The Kerala High Court recently passed an order whereby it directed the Deputy Commissioner of Customs to furnish the duty register of customs officers on duty at the Thiruvananthapuram International Airport to the Deputy Superintendent of Police (DySP) to facilitate investigation into a crime relating to smuggling of methamphetamine from Muscat to India.Justice C.S. Dias observed that in...

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...

Grounds Of Arrest Need Not Be Separately Communicated To Accused On Production Warrant, But Relatives Must Be Informed: Kerala High Court

The Kerala High Court recently held that when an accused, who is already under judicial custody, is arrested in relation to another case following a production warrant under Section 302 BNSS, there is no need to separately inform him of the grounds of arrest. The reasoning of the Court was that as per Form 37, relating to the order requiring production of a person in prison as per Section...

Magistrate Can't Return Private Complaint Solely For Want Of Accused's Postal Address: Kerala High Court

The Kerala High Court has held that a Magistrate cannot return a private complaint merely because the complainant has not furnished the postal address of the accused.Justice C S Dias was delivering the judgment in a criminal miscellaneous case. The petitioner had filed a private complaint before the Judicial First-Class Magistrate-II, Thrissur, alleging that the third respondent had...

Supreme Court Dismisses Challenge To S.20(2)(a) BNSS Allowing Appointment Of Sessions Judge As Director Of Prosecution

The Supreme Court on Wednesday dismissed a writ petition which challenged the constitutional validity of Sections 20(2)(a) and 20(2)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which allowed judicial officers to be appointed as Director of Prosecution, Deputy Director of Prosecution or Assistant Director of Prosecution.A bench comprising Chief Justice of India Surya Kant, Justice...

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...

No Writ Can Compel Police To Register FIR In Property Disputes; Remedy Under BNSS Must Be Exhausted: Calcutta High Court

The Calcutta High Court has reiterated that a writ of mandamus cannot be issued directing the police to register an FIR or initiate criminal proceedings, particularly in cases arising out of private land or property disputes, holding that aggrieved persons must first avail statutory remedies provided under criminal law before invoking writ jurisdiction.A Division Bench comprising Chief...

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...

Accused Has No Right To Be Heard On Mode Or Agency Of Investigation; Cannot Seek Impleadment In Writ Seeking Probe: Calcutta High Court

Observing that an accused has no right of audience in matters concerning the manner or mode of investigation, the Calcutta High Court has dismissed applications seeking impleadment in a writ petition filed for investigation into alleged police inaction and collusion. The Court held that neither a complainant in a separate FIR nor persons who are merely prospective accused can insist on...

Magistrate Must Examine Complainant, Witnesses On Oath Before Issuing Notice To Accused U/S 223 BNSS: Gauhati High Court

The Gauhati High Court has held that under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), a Magistrate cannot issue notice to the accused before examining the complainant and witnesses on oath, and that doing so violates the statutory mandate. Justice Anjan Moni Kalita, presiding over the ruling, held, “issuance of notice to the accused prior to examination of...