Bharatiya Nagarik Suraksha Sanhita, 2023, Section 215 -- Offence u/s 215 BNSS - Police officer cannot directly register a crime for offence u/s 215 BNSS once the offence is committed in or in relation to a proceeding in Court - Court has to cause preliminary enquiry as per S.379 BNSS and then can make a complaint in writing...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 368 -- Unsoundness of mind of accused - Petitioner asserted that he is suffering from serious psychiatric ailment - However, medical board opined that petitioner was not presently of unsound mind, not intellectually disabled and was capable of withstanding Court proceedings - Trial Court proceeded with trial relying upon..........
Negotiable Instruments Act, 1881, Section 138, 143A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Order passed u/s 143-A NI Act, either allowing or rejecting the application - Order passed is intermediate order and not interlocutory order - Revision lies against such an order - Petition u/s 528 BNSS is not maintainable...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person accused in FIR but removed from list of accused during course of investigation - During course of trial, appellant being a witness, will certainly have an opportunity to adduce evidence regarding all the persons who according to her participated in commission of offence - If such evidence is..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Fact that husband of a woman has sufficient means and provides maintenance to her would not absolve son of his independent statutory obligation u/s 144(1)(d) BNSS (S.125(1)(d) Cr.P.C.) to support his mother if she needs it...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 351 -- (Criminal Procedure Code, 1973, S.313) - Examination of accused u/s 351 BNSS - No legal impediment in permitting petitioner to answer questions u/s 351 BNSS either by adopting procedure laid down in S.351(5) BNSS Basavaraj R. Patil's case or by getting his answers recorded via electronic video linkage under Linkage..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 69, 352 -- Bail - Rape - False promise of marriage - Physical relationship between applicant and victim was without protest and there was no insistence by victim for marriage as she was in relationship with applicant for last four years as has been averred in her statement..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - It is permissible for an accused to repeat his prayer for bail on new grounds u/s 483 BNSS after rejection of his earlier bail application as language employed in S.483 BNSS are, "that any person accused of an offence and in custody be released on bail" - This suggest without any slender of doubt or ambiguity..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- (Criminal Procedure Code, 1973, S.482) - Petition u/s 528 BNSS - Once earlier writ petition filed by complainant had been dismissed, another petition seeking same relief, styling it to be a petition u/s 528 BNSS, could not have been entertained - Only remedy available to complainant in such circumstances would be to..........
