Indian Penal Code, 1860, Section 120, 420, Prevention of Corruption Act, 1988, Section 13(1)(d), Prevention of Money Laundering Act, 2002, Section 44(1)(b) -- Whether, at the stage of considering the prayer for bail, the accused, by invoking Section 91 of the CrPC (Section 94 of the BNSS), can apply to get the documents produced - For discharging the burden under Section..........
Indian Penal Code, 1860, Section 354A(iii), Protection of Children from Sexual Offences Act, 2012, Section 11(iii) -- Sexual harassment - Act of showing any object to a child for pornographic purposes, amounts to offence u/s 354-A(iii) IPC and S.11(iii) of POCSO Act...........
Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 11(iv) -- Stalking - Victim stated in her statement u/s 164 Cr.P.C that she left her residence voluntarily and did not encounter or communicate with petitioner - This statement, therefore, fails to substantiate the essential elements of stalking as defined u/s 354-D IPC..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306, 34 -- Summoning of additional accused - Abetment of suicide - Respondent together with others stopped a car, confronted deceased and told deceased that he and his family ought to drown themselves for failing to retaliate - PW-1 further described immediate impact of those words that deceased..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Abetment to suicide is not an offence committed at a single moment - It may consist of a build-up of psychological pressure culminating in self-destruction, and law punishes that build-up wherever and whenever it occurs...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 364-A, 506, 34 IPC and S.25 of Arms Act - Petitioner is behind bars for last 10 months and 21 days - Out of total 18 PWs, only 4 have been examined so far - Conclusion of trial will take considerable long time - Culpability if any..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere allegations of harassment or strained relationships do not suffice to establish abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Simple negligence or even an argument that does not directly lead to suicide would not be sufficient to prove abetment...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note/facebook status and other evidence do not establish such a link between petitioner's actions and deceased's suicide - There is no allegation against petitioner of a nature that deceased was left with no alternative but to commit unfortunate act of committing suicide - Therefore, based on the..........
Indian Penal Code, 1860, Section 341, 294(b), 307, Unlawful Activities (Prevention) Act, 1967, Section 44(2), National Investigation Agency Act, 2008, Section 17 -- Production of name of witnesses - Protection - There was a danger to the life of a witness, the Court was required to apply its mind to decide what measures should be taken to protect the witness as regards his..........
