Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner has no previous criminal antecedents and is facing prosecution for the first time - He has been in custody since 23.03.2023, yet till date only 3 out of 16 witnesses cited by prosecution have been examined - State counsel..........
Arms Act, 1959, Section 21(1) -- Expiry of licence - Failure to deposit arm immediately after expiry of licence cannot result in licensee being compelled to face criminal prosecution - Expression `without unnecessary delay' in provision is vague - Moreover, Arms Rules provides that application can be submitted after expiry of licence, if period between date of expiry of..........
Criminal Procedure Code, 1973, Section 30(1)(b), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 24(1)(b) -- Sentence of imprisonment in default of fine - If substantive sentence of imprisonment is not imposed, S.30(1)(b) Cr.P.C. or S.24(1)(b) BNSS do not restrict duration of default sentence that can be imposed - Restriction of one fourth of term of imprisonment..........
Criminal Procedure Code, 1973, Section 357 -- Compensation - Sentence of fine - Fine is a mode of punishment - Therefore, normally, when fine is imposed, first right upon fine is to State as it is a punishment for offence - While collecting fine a portion can also be given as compensation to victim...........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Both husband and wife settled their dispute before Family Court by entering into a memorandum of understanding/consent terms, based on which..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Where a matrimonial relationship has been dissolved by mutual consent and parties are eager to move ahead in their respective lives, refusal..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - Though Ss.498-A and 377 of IPC and 3, 4 of DP Act are non compoundable, to secure ends of justice, Court should hold that provisions u/s 320..........
Indian Penal Code, 1860, Section 498A, 377, 34, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 377, 34 IPC and 3, 4 DP Act - Quashing of FIR and proceedings - Settlement - If parties settle their disputes amicably in order to live peacefully, it is duty of Court to encourage such actions by quashing FIR, charge..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 391, 401 -- Offence u/Ss.420, 467, 468, 471, 120-B IPC - Additional evidence at revision stage - Judgment of District Collector - Applicant had filed complaint before District Collector and was aware that judgment had been delivered by District Collector, therefore, applicant..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While hearing revision at instances of private party, it is impermissible to convert acquittal into conviction...........
