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..........
Criminal Procedure Code, 1973, Section 125, 128 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 147) - Enforcement of order passed u/s 125 Cr.P.C (S.144 BNSS) - Gram Nyayalaya has jurisdiction to try and decide applications and cases relating to maintenance under chapter IX Cr.P.C (Chapter X BNSS) - Nyayadhikari of Gram Nyayalaya, directed to decide pending execution..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 164, 165 -- Proceedings u/ss 164, 165 BNSS - Party cannot be dispossessed by proceeding u/ss 164, 165 BNSS if he is in actual possession...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - There is more than a prima facie case to proceed against petitioners u/ss 498-A, 304-B IPC - Merits and defence of accused cannot be appreciated at this initial stage of taking cognizance - Defence so put by accused with regard to their false implication would be taken into account by Trial..........
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..........
Bharatiya Nyaya Sanhita, 2023, Section 353(1)(c), 352(2) -- Offence u/ss 353(1)(c), 352(2) BNS - Circulation of false news in connection with SSC paper leakage case, do not satisfy requirements of Ss.353(1)(c), 352(2) BNS - Proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 82, 83 -- Proclaimed offender - Record prima facie does not reflect that all reasonable and efficacious steps to secure presence of petitioner were exhausted before resorting to proceedings u/ss 82, 83 Cr.P.C. - Petitioner shall present himself before trial Court and seek bail and upon appearance of petitioner, proceedings initiated..........
Criminal Procedure Code, 1973, Section 340, 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.379, 144) - Perjury - Proceedings u/s 125 Cr.P.C. - Merely because wife exaggerated the income of her husband in order to claim maintenance u/s 125 Cr.P.C., it does not mean that such a statement on the part of wife warrants action u/s 340 Cr.P.C...........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 323, 451, 427, 147 -- Sanction for prosecution - Offence u/ss 323, 451, 427, 147 IPC - Petitioner acted under directions of Commissioner and proceeded in a bona fide manner while taking action regarding removal of encroachment - In such circumstances, acts complained of cannot be said to be wholly..........
Customs Act, 1962, Section 108 -- Statements recorded u/s 108 of Customs Act by duly authorized Customs Officers are admissible in evidence and do not attract bar contained in Ss.24, 30, 34 of Evidence Act, provided they are made voluntarily...........
