Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Criminal antecedents of accused - Directions issued that every High Court in country should consider incorporating a provision in respective High Court Rules and Criminal Side Rules as it would impose an obligation on accused to make disclosures regarding his/her involvement in any other..........
Indian Penal Code, 1860, Section 323, 342, 34 -- Offence u/ss 323, 342, 34 IPC - Statement of prosecutrix in FIR is clear and specific pertaining to allegations of wrongful confinement as well as voluntary hurt by way of beatings, as was done by both accused with a common intention - In the statement, expression "common intention" need not be explicitly stated and the same..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual Harassment - Acquittal - Appreciation of evidence - Inconsistent statement of prosecutrix - Prosecutrix made inconsistent statement regarding the incident in statement u/s.164 Cr.P.C and testimony in court - Further, neither the statement to prosecution witness was corroborated by statement of..........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Acquittal - Appreciation of evidence - Prosecutrix made the consistent statement that she immediately ran away from her house on being sexually assaulted by accused -Accused had no time to make threat if prosecutrix had immediately left on being sexually assaulted by accused by pushing the accused -..........
Indian Penal Code, 1860, Section 506 -- Criminal Intimidation - Mere threat given by accused not with an intention to cause alarm does not constitute an offence of criminal intimidation...........
Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) -- Anticipatory bail - Offence u/ss 189(2), 191(2), 191(3), 126(2), 115(2), 118(1), 118(2), 110, 190, 296(b) BNS - Brutal attack on an Advocate for drafting a complaint - Petitioners are political leaders -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 530 -- Trial and proceedings to be held in electronic mode - S.530 BNSS states that all trials, inquiries, and proceedings may be held in electronic mode, by use of electronic communication or use of audio-video electronic means - Categories mentioned thereunder would clearly show that it is not only meant for accused..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
Criminal Procedure Code, 1973, Section 482, 319 -- Quashing of order - Order of summoning of additional accused - Application u/s 482 Cr.P.C. is not an interlocutory application and supplementary affidavit filed in the case should have been confined to facts within personal knowledge of deponents of respective affidavits as per R.12 of Allahabad High Court Rules ...........
