Bharatiya Nagarik Suraksha Sanhita, 2023, Section 245 -- (Criminal Procedure Code, 1973, S.222) - Minor offence - Where facts proved disclose commission of a minor offence, trial Court is empowered u/s 222 Cr.P.C. to record conviction for such minor offence even in absence of a specific charge, provided essential ingredients thereof are established beyond reasonable doubt..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Offence u/s 138 of the Act is not attracted where drawer upon service of notice makes payment within prescribed period - Once payment is lawfully tendered and accepted foundational ingredient of "failure to make payment" stands negated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372Proviso, 378 -- Dishonour of cheque - Appeal against acquittal - Person who files a complaint alleging offence u/s 138 of N.I Act has right to prefer appeal u/s 378 or S.372 proviso Cr.PC (S.419 and S.413 Proviso BNSS) - Since an appeal lies under Cr.P.C or BNSS, no proceeding by way..........
Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Abetment of suicide - To prove the offence of abetment it must be state of mind of accused to commit a particular crime that must also be visible so as to determine culpability of his action...........
Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Abetment of suicide - In the absence of any positive action on the part of accused proximate to time of occurrence which led to suicide, offence u/s 108 BNS would not be considered to have been committed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 108, 45 -- Bail - Abetment of suicide - Allegations against petitioner are not to the effect that she has instigated or abetted victim to commit suicide or on account of harassment caused by her he was not left with any other option but to commit suicide - Prima facie offence u/s..........
Indian Penal Code, 1860, Section 435, 511 -- Offence u/ss 435, 511 IPC - Petitioners other than merely being in possession of alleged combustible material, have not either attempted to light combustible material or destroy anything by combustible material - Offence u/s 425 IPC not made out - Proceedings qua petitioners quashed...........
Indian Penal Code, 1860, Section 425 -- To constitute offence u/s 425 IPC, ingredients necessary are : (a) an intention, or knowledge or likelihood, to cause wrongful loss or damage to the public or to any other person; (b) causing the destruction of some property or any change in it or in situation; and (c) such change must destroy or diminish its value or utility, affect..........
Indian Penal Code, 1860, Section 435 -- For an offence u/s 435 IPC prosecution must prove that : (a) the accused committed mischief (section 425, IPC); (b) the said mischief was caused by fire or by an explosive substance; (c) the damage caused thereby amounted to: (i) Rs 10 or upwards if it was agricultural produce, or (ii) Rs 100 or upwards if property is of any other..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence u/s 6 of POCSO Act - Expeditious disposal of case - Direction issued to all Courts dealing with trials in Sessions Cases, especially cases under POCSO Act, to ensure that preferably such trials should be conducted on day-to-day basis and if that is not possible, testimony at least of witness..........
