Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480(1)(i), 481(1)(i), 483, Bharatiya Nyaya Sanhita, 2023, Section 105 -- Bail in non-bailable offence punishable with life imprisonment - Magistrate cannot release an accused on bail when one of the offences alleged is u/s 105 BNS that prescribes imprisonment for life unless reasons are recorded u/s 481(1)(i) BNSS or the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(1), 35(3) -- Notice of appearance before police officer - Scope - S.35(3) BNSS notice is confined to cognizable offences punishable with imprisonment less than seven years or which may extend to seven years and does not apply to offences punishable with life imprisonment - Police officer and SDJM erred in invoking..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Sexual assault - Ingredients and proof - Victim's testimony that appellant pulled down her pant and touched/stroked her private part, together with recovery of her pant containing semen, establishes "touching with sexual intent" constituting sexual assault - Conviction u/s 8 of the Act affirmed...........
Protection of Children from Sexual Offences Act, 2012, Section 11, 12 -- Sexual harassment - Distinct from sexual assault - On facts, conduct amounts to sexual assault and not sexual harassment - Conviction u/s 12 of the Act set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation - "Physical contact" is not confined to "skin-to-skin", the controlling element is "sexual intent" - Applied to uphold conviction for sexual assault...........
Protection of Children from Sexual Offences Act, 2012, Section 5(m) -- Aggravated penetrative sexual assault - Age below 12 proved and undisputed, however, in absence of proved penetration, aggravated penetrative sexual assault not attracted...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sentence - Maximum sentence for S.8 is five years, and even in aggravated form seven years - Appellant already in custody for 7 years and 7 months - Direction issued for immediate release ...........
Criminal Procedure Code, 1973, Section 156(3) -- Nature and scope - While exercising jurisdiction u/s 156(3) Cr.P.C. Magistrate is required to merely peruse application and examine whether facts disclosed therein prima facie disclose necessary ingredients of cognizable offences requiring investigation by police and is not expected to undertake an exhaustive evaluation of..........
