Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 48, Constitution of India, 1950, Article 22, 21 -- Intimation of arrest - Requirement of informing person arrested of grounds of arrest is not a formality but a mandatory statutory and constitutional requirement - Non-compliance with Art.22(1) of Constitution will be a violation of fundamental right of accused..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Specific grounds and reasons for arrest were communicated to both applicant and his relative - Although separate grounds for arrest were provided to each, there was no mention of quantity of contraband seized from..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Disputes as to title and possession of suit property - Authorities under the Act are not meant to adjudicate upon disputes relating to title and possession of immovable properties, more particularly when parties are not related to each other - Such disputes can only..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement of informing a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Bail - Contraband - Allegation of payment of Rs.20 lakhs by accomplice of accused to one `J', alleged supplier of seized contraband tablets - Involvement of accused in alleged offence at this stage cannot be ruled out - Bail application..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to relatives of accused in writing - Relative of applicant was asked over phone to appear before arresting officer - However, he expressed his unwillingness to appear - Accordingly, grounds of arrest were intimated to him through a WhatsApp..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, 35(1)(b)(ii), Constitution of India, 1950, Article 22(1) -- Grounds of arrest - Contraband - Specification of quantity seized needs to be communicated only to those accused from whose possession contraband was seized and not to those accused from whom no contraband was seized but who are otherwise involved in the crime..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 27A, 29 -- Bail - Contraband - Contraband was seized from direct possession of applicant - Applicant has not been able to point out existence of any facts or circumstances that are sufficient to justify recording a finding that he is not guilty of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement to inform a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
