Criminal Law
'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...
'No Mechanical FIRs For Harsh Political Posts' : Supreme Court Upholds Telangana HC Guidelines For Cases Over Social Media Posts
The Supreme Court recently upheld the guidelines framed by the Telangana High Court regulating registration of FIRs in cases arising out of social media posts and directing the police not to mechanically register FIRs over "harsh, offensive, or critical political speeches".The High Court had held that in case of social media posts FIR for promotion of enmity, threat to public order, or...
S. 215 BNSS | Police Can't Directly Register FIR For Offences Concerning Court Proceedings; Court Must Initiate Prosecution: Madhya Pradesh HC
The Madhya Pradesh High Court has held that where offences are alleged to have been committed in or in relation to a court proceeding, the procedure prescribed under Sections 215 and 379 BNSS must be strictly followed, and the court concerned must first apply its mind before issuing any direction for the registration of an FIR by making a complaint in writing."A police officer cannot...
S. 482 BNSS | No Anticipatory Bail Under SC/ST Act When Prosecution Materials Show Prima Facie Offence : Kerala High Court
The Kerala High Court recently clarified that since Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that Section 438 CrPC regarding pre-arrest bail is not applicable to persons committing offences under the Act, the same can be said about its corresponding provision, Section 482 of the Bharatiya Nagarik Suraksha Sanhita.Justice A....
Victim Cannot File Second Appeal Against Order Affirming Acquittal By Seeking Special Leave From HC U/S 419(4) BNSS: Kerala High Court
The Kerala High Court recently passed a judgment holding that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita.Relying on the Supreme Court's observations in Asian Paints Limited v. Ram Babu and Another, Justice Bechu Kurian Thomas remarked:“It is evident from...
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...
BNSS Procedures Mandatory For GST Arrests Despite Revenue Nature Of Investigation: Gauhati High Court
The Gauhati High Court held that even though GST investigations are revenue in nature, arrests made by GST officers must strictly comply with the mandatory procedural safeguards prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Justice Pranjal Das opined that even with regard to arrest by revenue authorities under GST, the procedural compliance...
