Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.)—Section 223—Read with Article 227 of the Constitution of India, Brand Protectors India Pvt. Ltd. challenged the impugned order of the learned Additional Sessions Judge (ASJ) which set aside the Metropolitan Magistrate’s cognizance order for taking cognizance without prior notice to the accused, holding such notice as mandatory under Section 223(1) B.N.S.S—The Court affirmed that Section 223(1) B.N.S.S. mandates examining the complainant and witnesses on oath before taking cognizance, and crucially, no cognizance can be taken without giving the accused an opportunity to be heard, a safeguard absent under the earlier CrPC provisions—The Court distinguished between pre-summoning evidence under Section 225(2) B.N.S.S. and taking cognizance, emphasizing that pre-...

Penal Code, 1860—Section 354—Involving allegations of sexual misconduct against a minor, the Court evaluated the credibility of the prosecutrix’s three varying statements and the supporting testimony of her aunt (PW2)—The prosecutrix initially alleged being dragged to a park and subjected to “Cherkhani,” but later modified her account, citing inappropriate touching and lewd remarks near or at a local shop—The Court noted significant inconsistencies regarding the place of the incident, the nature of the assault, and the identification and apprehension of the accused—The prosecutrix's evolving narrative and lack of clarity around key elements—including what constituted “Cherkhani,” the unexplained change in venue, and the omission of key witnesses like the mother, sister,...

Criminal Procedure Code, 1973 (CrPC)—Section 161, 164—Evidence—POCSO Act & IPC—Sexual Offences—Age Determination, Evidence, Presumptions, and Sentencing: In sexual offence cases under the POCSO Act and IPC, the victim’s age is crucial; when school records are inconclusive and witness statements inconsistent, an ossification test is recommended—Discrepancies in a child’s testimony do not automatically discredit the prosecution, especially in cases involving trauma—Allegations of DNA sample tampering must be substantiated; mere delay without evidence does not suffice—Under Sections 29 and 30 of the POCSO Act, the burden shifts to the accused, whose inconsistent defences and failure to rebut presumptions weaken his case—Conviction for sexual harassment cannot be sustained ...

Civil Procedure Code, 1908—Order 6, Rule 17—Civil Procedure—Amendment, Rejection of Plaint & Necessary Parties—Order VI Rule 17, Order VII Rule 11 & Order I Rule 10 CPC: An application to amend pleadings under Order VI Rule 17 CPC must be adjudicated prior to a pending application for rejection of plaint under Order VII Rule 11, even if the latter was filed earlier—Amendments introducing additional reliefs based on facts already pleaded do not constitute a new cause of action and should generally be allowed—A plaint cannot be partially rejected under Order VII Rule 11; it must be accepted or rejected in entirety—Where injunction is sought to protect longstanding possession and threats of dispossession are alleged, the plaint discloses a valid cause of action—Additionally, a trust cla...

Criminal appeal under Section 372 CrPC challenging acquittal in a case under Section 306 IPC for abetment of suicide was dismissed—The Court reiterated that the essential ingredient of Section 306 IPC is “abetment” as defined under Section 107 IPC, which necessitates instigation, intentional aiding, or active encouragement—Mere anger or emotional outbursts, without mens rea or intent to provoke suicide, do not constitute abetment—To prove guilt, the prosecution must establish direct or indirect acts of incitement proximate to the time of suicide—General allegations of harassment, absent specific, intentional conduct compelling the deceased to end their life, are insufficient—A suicide note must contain concrete allegations tied to specific conduct or incidents near the time of death; generic expre...

(A) Hindu Marriage Act, 1955, Sections 24 and 26 — Family Courts Act, 1984 Section 19 —Interim maintenance — Determination of interim maintenance for wife and minor child — Court emphasized that factors such as husband’s financial capacity, standard of living of the parties, and reasonable needs of wife and child must be duly considered — Husband’s extravagant lifestyle and deliberate concealment of actual income noted by the Court — Held, such conduct justified the Family Court’s direction awarding ₹1,00,000/- per month to the wife and ₹2,25,000/- per month to the minor child — Interim maintenance must ensure that the dependent spouse and child are able to maintain a lifestyle commensurate with the status of the family — No interference with Family Court’s o...

Trade Marks Act, 1999—Sections 47, 57—The Court considered a petition for cancellation of the “BADAL” trademark under the Trade Marks Act, 1999, based on allegations of fraudulent assignment deeds—It emphasized that fraud allegations are grave and demand proof beyond reasonable doubt—Mere assertions or the defendant’s failure to file a reply do not suffice to establish fraud—The petitioner must independently prove the case with credible evidence—When authenticity and genuineness of foundational documents are disputed, especially involving a trademark with long-standing use since 1945, adjudication requires a full trial and detailed evidence—The Court stressed that a trademark continuously used for decades deserves caution before cancellation or rectification—Under Order 8 R...

Hindu Marriage Act, 1955—Section 24—This judgment clarifies principles on interim maintenance under Section 24 of the Hindu Marriage Act, 1955, emphasizing that courts are not confined to declared Income Tax Returns when evidence indicates higher actual income or concealment by the husband, such as lavish lifestyle and significant unexplained bank credits—The husband cannot evade maintenance obligations while living extravagantly—The wife’s earning capacity or family wealth does not automatically bar maintenance; the standard of living during marriage and husband’s capacity to pay remain key considerations—Wealth from asset sales provides future security but does not reduce interim maintenance entitlement—Under the Family Courts Act, 1984, Section 19, regarding medical treatment of a minor c...

Regular Bail—Denial—Penal Code, 1860—Sections 302, 307, 120B, 34; Arms Act, 1959—Sections 25, 27—Active Role in Murder—Eyewitness Deposition—Recovery of Weapon—Unsatisfactory Jail Conduct—Applicant sought regular bail in a case involving murder and attempted murder under Sections 302/307/120B/34 IPC and Sections 25/27 Arms Act—Prosecution alleged a conspiracy to murder deceased Farman, with the applicant and co-accused Rajkumar @ Bhola stabbing the victim—Though key eyewitnesses PW-1 and PW-3 turned hostile, PW-4 deposed that the applicant physically restrained the deceased while co-accused inflicted fatal stab wounds—Weapons of offence (knives) were recovered from a vehicle at the joint instance of applicant and Rajkumar—Medical evidence corroborated the nature...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Section 37—Bail—Buprenorphine is classified as a psychotropic substance, and its possession or sale in commercial quantities without proper authorization constitutes an offence, notwithstanding its regulation under the Drugs & Cosmetics Act—Bail under Section 37 NDPS requires satisfaction that the accused is likely innocent and will not reoffend—Anticipatory bail is generally not granted where proclamation proceedings under Section 82 CrPC have been initiated, indicating defiance of court orders—Factors such as recovery of commercial quantities, ongoing investigations, non-cooperation, and the scale of illegal operations justify bail rejection—The NDPS Act permits dealing with narcotics only for medical/scientific purposes as auth...