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...

'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...