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 35(3) -- Notice u/s 35(3) BNSS - S.35(3) BNSS mandates service of a notice whenever Investigating Agency on basis of a reasonable complaint, credible information or suspicion, determines that a person may have committed a cognizable offence, but does not deem arrest of such person necessary...........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Indian Penal Code, 1860, Section 354C, 504, 506, 509, Information Technology Act, 2000, Section 66E, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 354-C, 504, 506, 509 IPC, 66E IT Act and 3(2)(v) SC&ST Act - Quashing of proceedings - Petitioner did not deny knowing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Call detail records of wife - Marriage does not grant husband automatic access to wife's private information, communications and personal belongings - Production of call detail records would lead to violation of wife's right to privacy and right to life and personal liberty - Application rightly rejected...........
Protection of Children from Sexual Offences Act, 2012, Section 8, Registration of Births and Deaths Act, 1969, Section 12, 17 -- Birth Certificate - Sexual assault - Conviction - Age of prosecutrix - As per the birth certificate on record prosecutrix was 17 years old at time of the incident - Accused alleged that birth certificate on record is not a valid document as it no..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Narco-analysis test - Reports of voluntary narco analysis tests cannot be admitted directly into evidence - Information that is discovered, as a consequence thereof can be admitted with the aid of S.27 of the Act...........
Criminal Procedure Code, 1973, Section 293 -- Narco-analysis test - Report of a voluntary narco-analysis test with adequate safeguards as well in place or information found as a result thereof, cannot form sole basis of conviction of accused...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory Bail - Custodial interrogation - Interrogation of influential person involved in corruption cases, is important for disinterring useful information and concealed material - However, success in such interrogation would elude if the suspected person knows that he is..........
Criminal Procedure Code, 1973, Section 102 -- Seizure - Seizure often is on surprise interception or on information received, which principle cannot be imported to the affirmation of the statements made by the witnesses during investigation u/s 161 Cr.P.C., if they do not subscribe to it at trial...........
