Bharatiya Nagarik Suraksha Sanhita, 2023, Section 245 -- (Criminal Procedure Code, 1973, S.222) - Minor offence - Where facts proved disclose commission of a minor offence, trial Court is empowered u/s 222 Cr.P.C. to record conviction for such minor offence even in absence of a specific charge, provided essential ingredients thereof are established beyond reasonable doubt..........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Any adverse inference u/s 106 of the Act is to be drawn against accused when prosecution has been able to establish the case beyond a reasonable doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Chain of custody in the case remains clear and continuous - No evidence on record to indicate tampering, substitution or mishandling - Forensic report confirms presence of cannabinoids in sample, which stands in complete harmony with seizure - In these..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Sample packets were duly sealed with signatures and seizure details - Seized material along with samples was produced before Magistrate - Scientific Officer affirmed that seal on packet received for analysis was intact and bore correct identifying particulars -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Testimony of official witnesses - Material contradictions in the statements of official witnesses regarding weighment of contraband - Memo of arrest is shown to have been signed by father of accused - Recovery of opium was allegedly effected from possession of accused in the area of village..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Criminal Procedure Code, 1973, Section 125(4) -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144(4) - Maintenance to wife - Adultery - Husband is not required to prove adulterous act beyond a reasonable doubt - Adultery typically occurs in secrecy, making direct proof rare - Adultery can often be established through circumstantial evidence, provided circumstances lead..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when Constitutional Court is convinced that integrity of process has been compromised or has reasons to believe that it may get compromised to a degree that shakes conscience of..........
Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Proceedings u/s 124-A of the Act are not criminal trials demanding proof beyond reasonable doubt, but welfare statues are governed by principles of preponderance and probabilities - Once the foundational facts of (i) possession or issuance of a valid ticket, and (ii) occurrence of an..........
