Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Offence against society - If any FIR has been lodged by a particular person relating to offence against society then on the basis of compromise between accused and informant, proceedings cannot be quashed which are against public at large...........
Criminal Procedure Code, 1973, Section 362 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.403) - Review - Modification of order of refusal of bail - S.362 Cr.P.C which prohibits modification of a judgment of final order will not be applicable in an order for refusal of bail...........
Criminal Procedure Code, 1973, Section 439, 362 -- Bail - Refusal on ground of non-fulfillment of condition of providing one surety of his family member by petitioner - Petitioner released on bail in 2020 - However, petitioner has remained in custody on account of non-fulfillment of condition of providing one surety of his family member - Condition deleted...........
Criminal Procedure Code, 1973, Section 57, Constitution of India, 1950, Article 22(2) -- Bail - Admittedly, respondent not produced before nearest Magistrate within 24 hours - Therefore, arrest of respondent rendered completely illegal as a result of violation of Art.22(2) of Constitution...........
Criminal Procedure Code, 1973, Section 57, Prevention of Money Laundering Act, 2002, Section 65, Constitution of India, 1950, Article 22(2) -- Requirement of Art.22(2) is incorporated in S.57 of Cr.P.C. - There is no inconsistency between provision of PMLA and S.57 of Cr.P.C. - By virtue of S.65 of PMLA, S.57 of Cr.P.C. applies to proceedings under PMLA...........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to wife - During the lifetime of husband no other family member is liable to maintain his wife u/s 125 Cr.PC or under Hindu Law - However, after death of son, widow daughter-in-law is entitled to get maintenance from his father-in-law u/s 19 of Hindu Adoptions..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 377 -- Appeal against conviction - Unnatural offences - Sodomy - Forced alcohol consumption by accused to victim - Victim admitted that he used to smoke but not drink - Merely because victim admitted to smoke, would not be a ground that he is of a deviant character - Victim has no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Long period of incarceration undergone by appellant - There are no independent witnesses to seizure and pace of trial is rather slow - Out of 17 PWs only one witness has been examined till date - Trial Court would take some time to..........
