A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Completion of investigation—Where the appellants had cooperated with the investigation and charge-sheets had already been filed against the accused including the appellants, and investigation stood concluded, the appellants were held entitled to protection under Section 482 BNSS—High Court orders rejecting anticipatory bail set aside and directions issued for release on bail in the event of arrest.B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Anticipatory Bail—Conditions—Appellants directed to furnish cash security of Rs.25,000 each with two like sureties and to extend complete cooperation in the ensuing trial—Appellants restrained from misusing liberty, influencing witnesses or tampering with material on record—Infraction of conditio...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 21 and 22—Anticipatory Bail—Completion of investigation and framing of charge—Where investigation stood completed and charges had already been framed, no ground remained for incarceration of appellant pending trial—Appellant having joined and cooperated with investigation pursuant to interim protection, anticipatory bail granted subject to conditions prescribed by trial Court and statutory conditions under Section 482(2), Bharatiya Nagarik Suraksha Sanhita, 2023—Impugned High Court order denying anticipatory bail set aside.B. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482(2)—Anticipatory Bail—Conditions—Appellant directed to abide by statutory conditions and cooperate during trial—Grant of anticipatory bail confined to protection from arrest in...
A. Hindu Marriage Act, 1955—Section 13-B—Constitution of India—Article 142—Divorce by mutual consent—Power of Supreme Court—Supreme Court may exercise jurisdiction under Article 142 to grant divorce by mutual consent and bring an end to multiple pending civil and criminal proceedings arising from a matrimonial dispute where the substantive conditions are fulfilled and the Court is satisfied that the parties have voluntarily and genuinely agreed to separate—Existence of power and exercise of power are distinct—Discretion must be exercised on the factual matrix, objective criteria and statutory requirements, including absence of coercion or pressure and settlement of alimony, maintenance and other consequential issues. [Paras 20–21]B. Constitution of India—Article 142—Hindu Marriage Act, 1955—Section 13-B—Irretriev...
A. Bihar Reorganisation Act, 2000—State-owned Corporations—Employees/workmen—Untraceable or unverified claimants—Closure of identification exercise—Where substantial efforts including public notices and other measures had been undertaken to trace remaining employees/workmen or legal heirs, the exercise could be closed without extinguishing the underlying entitlement—Untraced employees/workmen or legal heirs permitted to approach the concerned Nodal Officer within 12 months with requisite documents, whereupon claims were to be verified and amounts found due disbursed—Closure therefore operated only administratively and not as extinguishment of substantive entitlement. [Paras 33–35, 59(b)]B. Service Law—Daily-wage employees/workmen—Delayed dues—Computation of monetary entitlement—Daily-wage status does not confer the...
A. Insolvency and Bankruptcy Code, 2016—Liquidation Process Regulations, 2016—Schedule I—E-auction—Earnest Money Deposit—Forfeiture—Successful bidder having deposited EMD and part of balance sale consideration with full knowledge of the auction terms and “as is where is” condition—Auction notice expressly providing that entire amount deposited, including EMD, would be forfeited upon failure to pay balance sale consideration within stipulated period—Absence of an express forfeiture provision in the Regulations does not invalidate a specific and voluntarily accepted forfeiture condition contained in the auction notice—Forfeiture held to follow as a necessary consequence of default. [Paras 11–12, 19–22]B. Insolvency and Bankruptcy Code, 2016—Liquidation Process—E-auction—Successful bidder—Failure to pay bala...
A. Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, Section 5(1)(b) read with Section 5(2)—Arrest of vessel—Sister-ship arrest—Statutory pre-conditions—For sustaining arrest under Section 5(2) read with Section 5(1)(b), it must be established that the demise charterer of the vessel was liable for the maritime claim when it arose and that such person continued to be the demise charterer or owner when the arrest was effected—Jurisdictional requirements under Section 5(1)(b) must be independently satisfied qua the vessel sought to be arrested—Where the demise charter had already been validly terminated before arrest, the foundational requirement for arrest was absent and the arrest could not be sustained. [Paras 30–33]B. Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, Section 5(1)(b) r...
A. Indian Penal Code, 1860, Sections 366 and 376—Rape—Prosecutrix’s testimony—Contradictory and unreliable evidence—Where prosecutrix’s testimony regarding her alleged forcible taking and confinement was found materially contradictory, and her conduct during travel through crowded and brightly lit places, including failure to raise alarm or attempt to escape, was inconsistent with alleged forcible confinement, her testimony could not be accepted as credible for sustaining conviction under Section 376 IPC—Court cannot partially reject the same testimony for Section 366 IPC and selectively accept it for Section 376 IPC when both charges arise from an intertwined factual matrix—Conviction based on inconsistent and unreliable testimony liable to be set aside. [Paras 20–25, 28–30]B. Indian Penal Code, 1860, Section 376—Ra...
A. Railways Act, 1989, Section 124-A—Untoward incident—Compensation—Bona fide passenger—Absence of railway ticket—Mere non-recovery of ticket from deceased/injured passenger does not by itself negative his status as a bona fide passenger—Initial burden lies on claimant, which may be discharged by affidavit or evidence of relevant facts, whereafter burden shifts to Railways to rebut the claim on the basis of facts and attending circumstances—Victim’s father having deposed on oath that the deceased had purchased a ticket which was subsequently lost, and Railways’ witnesses having admitted that they had not searched the victim’s pockets, Tribunal was justified in holding him to be a bona fide passenger—High Court erred in placing undue emphasis on absence of ticket—Compensation restored. [Paras 9–10]B. Railways Act,...
Penal Code, 1860, Sections 323, 341, 354B, 504, 506 and 34—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s)—Anticipatory bail—Interim protection—Petitioner granted interim protection by Supreme Court and thereafter joined and cooperated with investigation—Having regard to the totality of circumstances, interim protection made absolute subject to condition that petitioner shall continue to cooperate with investigation and appear before Investigating Authority as and when called upon—Special Leave Petition disposed of accordingly. [Paras 3–6]....
A. Protection of Children from Sexual Offences Act, 2012, Sections 10, 22 and 33—Guardians and Wards Act, 1890, Section 25—Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35—Child custody dispute between estranged parents—Allegation of sexual assault by father upon minor daughter during pendency of custody proceedings—CBI investigation, CCTV analysis, witness statements and independent psychiatric/psychological evaluation found allegations unreliable and untrustworthy—Held, continuation of POCSO proceedings would amount to abuse of process where criminal prosecution was initiated to create a foundation for obtaining custody—FIR quashed and legal custody directed to remain with father, subject to reintegration process before Family Court with welfare of child remaining paramount. [Paras 33–36, 78–85].B. Protection of Ch...
A. Indian Penal Code, 1860—Sections 304 Part II and 324—Culpable Homicide Not Amounting to Murder—Intention—Where accused came to the house without any predetermined intention to assault and, only upon being questioned by deceased, picked up an axe and assaulted him, occurrence did not constitute murder—Conviction under Section 304 Part II IPC held justified as culpable homicide not amounting to murder—Conviction upheld. [Paras 16–17].B. Indian Evidence Act, 1872—Section 118—Child Witness—Evidentiary value—Evidence of child witness cannot be rejected merely on account of age or possibility of tutoring—Where child witness is competent, withstands cross-examination and testimony inspires confidence, conviction can be based upon such evidence—Corroboration is a rule of prudence and caution rather than an absolute ru...
A. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Dishonour of Cheque—Legally enforceable debt—Presumption under Sections 118 and 139 does not dispense with requirement of establishing legally enforceable debt—Where complainant failed to produce loan account statement or other material showing that Rs.48,515 was actually due on the date of issuance of cheque, and complainant was unable to state the exact amount repaid and outstanding, essential ingredient of Section 138 remained unproved—Acquittal upheld. [Paras 7, 10–12].B. Negotiable Instruments Act, 1881—Sections 138, 118 and 139—Cheque issued as security—Defence of misuse—Accused specifically pleaded that cheque was issued as security while availing loan and that part of loan had already been repaid—Complainant failed to produce counter-slip or othe...
A. Penal Code, 1860—Sections 417, 376—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(1)(w)(i)—Suspension of sentence pending appeal—Victim and accused both majors and educated—Evidence indicating love relationship and repeated physical relationship on several occasions—Victim and petitioner being neighbours and meeting voluntarily in eucalyptus grove—Foetus not preserved in condition enabling DNA examination—Petitioner's paternity could not be conclusively established—Court, at the stage of suspension of sentence, found the relationship prima facie consensual and held that arguable points arose in appeal—Substantive sentence accordingly suspended pending disposal of appeal and petitioner enlarged on bail. [Paras 6–10]B. Penal Code, 1860—Sections 417, 376—Suspension of sente...
A. Penal Code, 1860—Sections 323, 363—Voluntarily causing hurt and kidnapping—Identity of accused—Evidence of victim and eyewitnesses—Victim was recovered from the house of co-accused and her evidence, read with evidence of eyewitnesses and Investigating Officer, sufficiently established identity and involvement of petitioner—No perversity found in appreciation of evidence by Trial Court and Appellate Court—Conviction under Sections 323 and 363 IPC therefore not liable to interference in revisional jurisdiction.B. Penal Code, 1860—Sections 323, 363—Criminal revision—Concurrent findings of conviction—Revisional jurisdiction—Where evidence of victim, eyewitnesses and Investigating Officer was cogent and no perversity or manifest error was demonstrated in appreciation of evidence by Courts below, High Court declined t...
A. Code of Criminal Procedure, 1973—Section 439(1A)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483(2)—Bail—Victim/prosecutrix—Right to hearing—In cases involving Section 376 IPC or corresponding Section 69 BNS, the informant or person authorised by her is entitled to participate at the stage of hearing of bail application—Presence of informant is statutorily obligatory in cases specifically covered by Section 439(1A) CrPC and corresponding Section 483(2) BNSS—Victim's right to be heard is substantive and cannot be defeated merely because the State is represented. [Paras 5–6]B. Code of Criminal Procedure, 1973—Section 439—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Victim's participatory rights—Regular bail—Supreme Court in Jagjeet Singh v. Ashish Mishra and Ms. X v. State of Maharashtra reite...
A. Code of Civil Procedure, 1908—Order VII Rule 10, Section 20—Return of plaint—Territorial jurisdiction—At the stage of considering objection under Order VII Rule 10, Court must proceed on the averments in the plaint and documents filed therewith, assume them correct for the limited purpose of threshold examination and read the plaint meaningfully and as a whole—Disputed questions of fact are not to be adjudicated at this stage—Where sale transaction and transportation arrangement give rise to distinct causes of action, jurisdiction over one cause of action cannot automatically confer jurisdiction over the other. [Paras 24–27]B. Code of Civil Procedure, 1908—Section 20(c)—Territorial jurisdiction—Sale transaction—Part-payment received in plaintiff's bank account at New Delhi and pleaded obligation to pay balance amo...
A. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21, 25, 29—Regular bail—Co-accused statement—No recovery from petitioners—Prosecution relying upon statements of co-accused and financial transactions—Confessional statement made by co-accused to police during investigation cannot be used as substantive evidence against another co-accused—Such statement, by itself, cannot establish prima facie involvement of petitioners—Financial transactions, in absence of material connecting them with sale or purchase of narcotic drugs, also insufficient to justify continued detention—Petitioners therefore could not be detained merely on such material. [Paras 11–16]B. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail—Prima facie case—Criminal antecedents—Mere existence of criminal antecedent...
A. Code of Criminal Procedure, 1973—Section 197—Public Servant—Previous Sanction—Official Duty—Scope of Protection—Previous sanction is mandatory where the alleged act has a reasonable connection with discharge of official duty—The test is not whether the act was strictly within the limits of authority, but whether there exists a reasonable nexus between the alleged act and official duty—Even an alleged excess in discharge of duty does not by itself remove the protection—However, acts wholly unconnected with official duty or merely cloaked as official acts are not protected—The quality and reasonable connection of the act with official duty are decisive. [Paras 7–12, 18–21]B. Code of Criminal Procedure, 1973—Section 197—Public Servant—Police Officer/Executive Magistrate—Maintenance of Law and Order—Protes...
A. Code of Criminal Procedure, 1973—Section 482—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Quashing of Criminal Proceedings—Scope—The High Court may exercise inherent jurisdiction where allegations, even if accepted in entirety, do not constitute an offence, material collected does not disclose a cognizable offence, proceedings are legally barred, allegations are inherently improbable, or proceedings are manifestly mala fide—Where FIR and final report disclosed allegations of conspiracy, embezzlement and wrongful diversion of substantial funds belonging to a housing cooperative society, the case did not fall within the categories warranting quashing under State of Haryana v. Bhajan Lal—Existence of civil transactions or civil remedies by itself does not justify quashing of a prima facie criminal case. [Paras 10...
A. Negotiable Instruments Act, 1881—Section 138—Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 2(y), 413 and 419(4)—Dishonour of Cheque—Complainant as Victim—Right of Appeal against Acquittal—A complainant in a prosecution under Section 138 NI Act, being the person who suffers economic loss due to dishonour of the cheque, is also a “victim” within the statutory definition—Such complainant can invoke the proviso to Section 372 CrPC, corresponding to Section 413 BNSS, and prefer an appeal against acquittal in his own right without obtaining special leave under Section 378(4) CrPC or Section 419(4) BNSS—Right under the proviso to Section 372 is available irrespective of whether the victim is also the complainant. [Paras 3–4]B. Negotiable Instruments Act, 1881—Section 138—Code of Criminal Procedure, 1973—Secti...