Bharatiya Nagarik Suraksha Sanhita, 2023, Section 210, 223 -- (Criminal Procedure Code, 1973, Ss.190, 200) - Private complaint - Cognizance of offence - While taking cognizance of an offence based on a private complaint especially one filed as a protest complaint against a refer report filed by police, Magistrate shall take into consideration the refer report as well - It..........
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...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Stranger/neighbor cannot be drawn into proceedings for offence u/s 498-A IPC between husband, wife or family members...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Court while dealing with prayer for grant of bail has to consider gravity of offence, which has to be ascertained in facts and circumstances of each case - One of circumstances to consider gravity of offences is also the term of sentence i.e., prescribed for offence accused is alleged to have committed...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 6, 7 -- Rape - No aggravated penetrative sexual assault proved - In absence of any proof of aggravated penetrative sexual assault, S.6 of POCSO Act cannot be applied - However, since sexual assault upon victim girl has been proved, provisions of S.7 of POCSO Act are..........
Criminal Procedure Code, 1973, Section 195 -- False evidence - Provision contained in S.195 Cr.P.C is not attracted to an offence of giving false evidence before Arbitral Tribunal...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Availability of civil remedy - Complaint dealing with commercial transaction or breach of contract, for which civil remedy is available, can be quashed if it is shown that complaint even if taken at its face value does not disclose commission of any offence or criminal proceedings have been initiated..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Allegations made in complaint and other material on record suggested that goods belonging to complainant have been removed from demise premises - Even, goods which were source of foul smell were removed from premises but other..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
