Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(i)(n), 342, 354(C), 505II, Protection of Children from Sexual Offences Act, 2012, Section 6, 12 -- Bail - Rape - Testimony of victim is not warranted at the stage of consideration of bail, a prima facie assessment of same is permissible, particularly, when testimony has already..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of SC/ST Act - Mere statement of aggrieved person would prima facie disclose ingredients for offences u/ss 3(1)(r), 3(1)(s) of the Act...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering plea of discharge, duty of Court is to verify prosecution records to see whether prima facie offence is made out or at least a strong suspicion to frame charge, though a mere suspicion would not suffice the requirement...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s) -- Offence u/ss 3(1)(r), 3(1)(s) of the Act - Nothing on record to indicate that alleged acts of appellant were motivated for the reason that complainant is a member of SC or ST - Neither FIR nor charge sheet contains any whisper of an allegation of insult or intimidation..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Grant of anticipatory bail is barred and bar would apply when prosecution materials prima facie show commission of offences under SC/ST Act - However, bar u/s 18 of SC/ST Act is not..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - At the stage of consideration of interim maintenance, Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively - Court is only required to examine on a prima facie basis, whether spouse and minor child seeking maintenance are..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a person is added as an accused u/s 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of Court while considering his plea for bail should be strong and cogent evidence than mere probability of his complicity - Test that has to be applied is one which..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379, 215 -- Impersonation of surety - Court not made any enquiry nor recorded any prima facie satisfaction and has simply directed police authorities to carry out an investigation and submit a report before Court - Though Court in its discretion could have directed police authorities to investigate the matter and to furnish..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), (s), Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3(1)(r), (s) of the Act - Quashing of proceedings - Alleged incident occurred near graveyard situated in village which comes within public place and public view - Therefore, prima facie offence established u/s 3(1)(r),..........
Evidence Act, 1872, Section 110 -- (Bharatiya Sakshya Adhiniyam, 2023, S.113) - Presumption as to possession - Possession follows title is the presumption that may be raised u/s 110 of the Act - To raise such presumption, possession must at any time be with title and person must have continued with possession which was prima facie not unlawful and contesting party had no..........
