Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Central Government employees - State Police be it a regular police force or Special Police Establishment, can investigate offences of bribery and corruption against Central Government employees posted in State...........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Offences under the Act are also cognizable and can therefore, be investigated by State Police or Vigilance and Anti-Corruption Bureau (VACB) - Only rider is that investigation can be done only by a police officer of rank specified in S.17 of the Act...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Prosecutrix was about 12 years of age at the time of incident - She alleged that accused had repeatedly committed aggravated penetrative sexual assault upon her, video..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
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...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379, 215 -- Impersonation of surety - Court not made any enquiry nor recorded any prima facie satisfaction and has simply directed police authorities to carry out an investigation and submit a report before Court - Though Court in its discretion could have directed police authorities to investigate the matter and to furnish..........
Protection to life and liberty -- Forced marriage - Girl left her matrimonial house because of forced marriage and did not intend to live with her husband nor with her parents as she is still in gainful employment and earns her livelihood - She being major capable of taking her own decisions - Decision of girl is paramount and her consent should be obtained before any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Judge cannot be presumed to be biased merely because a litigant's relative is a junior official in the same district Court or a police officer within the Court's jurisdiction...........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of panch witnesses of recovery of clothes of appellant as well as victim - Signatures of panch witnesses were obtained on written paper at the instance of police - Said witnesses had no occasion to go through contents of said panchnama - Thus, High Court has committed an error while placing reliance upon stains of..........
