Bharatiya Nagarik Suraksha Sanhita, 2023, Section 232 -- Second Proviso - (Criminal Procedure Code, 1973, S.209) - Committal of case - S.232 Second proviso BNSS does not prohibit consideration of bail applications by committal Courts...........
Criminal Procedure Code, 1973, Section 340 -- Prosecution of offences - Forgery and perjury - Jurisdiction - Review - "whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?" - The Provision explicitly provides that except for clerical and arithmetical error, no court shall alter or review its..........
Indian Penal Code, 1860, Section 307, 506, Arms Act, 1959, Section 25, 27, 54, 59, Criminal Procedure Code, 1973, Section 439 -- Offence u/Ss. 307, 506 IPC and 25, 27, 54, 59 Arms Act - Bail - Accused in his bail application admitted the fact that he shot the victim out of anger after she refused to go with him to the matrimonial home - Further as per the record, accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Unauthorized search - However, as per the charge sheet, the search and arrest of the accused was undertaken in the presence and under instruction of SI and by J, who holds the rank of women head constable - Arrest and search of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Medical ground - Medical report on record does not indicate an immediate life-threatening condition or incapacity to be treated within jail premises - Bail declined...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Criminal Procedure Code, 1973, Section 2(d), Protection of Women From Domestic Violence Rules, 2006, Rule 2(b) -- Complaint - Police report submitted after investigation under PWDV Act cannot be treated as a `complaint' for the purpose of taking cognizance under PWDV Act...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Mere fact that case is based on circumstantial evidence or that petitioner has lost faith in local police by itself, cannot constitute sufficient ground for such transfer...........
