Magistrate Doesn't Require Prior Sanction To Direct FIR Registration Under S.156(3) CrPC : Supreme Court

The Supreme Court today held that a Judicial Magistrate does not require prior sanction under Section 196/197 of the Code of Criminal Procedure for directing the registration of FIR under Section 156(3) of the CrPC."The requirement of prior sanction under Section 196 and 197 CrPC (or corresponding provisions in the BNSS) operates at the stage of taking cognizance and does not extend to...

Magistrate's Power Under S.204(4) CrPC To Dismiss Complaint Must Be Exercised Judiciously With Reasoned Orders: Kerala High Court

The Kerala High Court has held that the Magistrate's power to dismiss criminal complaints under Section 204(4) of Code of Criminal Procedure (CrPC) must be exercised judiciously and supported by reasoned orders rather than invoked mechanically.Justice Syam Kumar V.M. was delivering judgment in a criminal miscellaneous case, which challenged the dismissal of a complaint filed by the petitioner...

Final Maintenance Order Under Section 125 CrPC Prevails Over Interim Relief Under Hindu Marriage Act: Karnataka High Court

The Karnataka High Court has upheld a final maintenance order under Section 125 CrPC while simultaneously setting aside an interim maintenance order under Section 24 Hindu Marriage Act passed in separate proceedings, holding that continuance of both results in overlapping financial liability of the husband which is illegal. The single-judge bench of Justice Dr. K. Manmadha Rao noted in the...

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...

Delhi High Court Flags Possible Conflict Between S.223 BNSS Interpretation And SC Law On Cognizance, Refers Issue To Larger Bench

The Delhi High Court has referred to a larger bench the issue relating to the stage of taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the timing of issuance of notice to the accused under its first proviso.For context, Section 223 pertains to examination of the complainant. The provision states that a magistrate having jurisdiction while...

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...

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...