Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 323, 294, 500, 504, 506 -- Registration of FIR - Offence u/ss 323, 294, 500, 504, 506 IPC - Whenever any application is filed by the complainant before the Court of Judicial Magistrate seeking police investigation under Section 156(3) of the Cr.P.C., it is the duty of the concerned Magistrate..........
Indian Penal Code, 1860, Section 294 -- Mere abusive, humiliating or defamatory words by themselves are not sufficient to attract the offence under Section 294 of the IPC...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Nature of offence - Conviction - Evidence of the sole eye witness, a hapless rustic illiterate woman visited with the vicissitude and tragedy of her son being fatally assaulted by co villagers before her own eyes, has withstood intensive cross examination and judicial scrutiny - It is established beyond reasonable doubt..........
Constitution of India, 1950, Article 15(3), 39(e), (f), 45, 47, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Indian Penal Code, 1860, Section 354, 451, 342, 506, 376(3), 376(2)(n), Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 13(3) -- Maintainability - Even when a `Board' passes an order under Section 18(3) of the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company will be the complainant and for the purposes of Section 200 of the Cr.P.C., its employee who represents the company, will be the de facto complainant while the company will remain the de jure complainant, regardless of any change in the de facto complainant - A perusal of the complaint..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(d), 6 -- Alternate punishment- Where an act or omission constitutes an offence punishable under POCSO Act and also Indian Penal Code or Information Technology Act, 2000, then, the offender found guilty of such offence shall be liable to punishment only under this..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Investigating agency have power u/s 102 Cr.P.C to seize the bank accounts, an action which falls within the scope of term seizure of "property" as used in said Section...........
