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. Bharatiya Nagarik Suraksha Sanhita,2023—Section 58—Constitution of India—Article 22(2)—Arrest—Production before Magistrate—24-Hour Constitutional Safeguard—Bail— Section 58 of BNSS read with Article 22(2) mandates production of an arrested person before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for journey from the place of arrest to the Magistrate’s Court—where the accused persons were apprehended on 28.03.2026 and produced before the Magistrate only after 4.40 p.m. on 30.03.2026 and, even after excluding approximately 10 hours required for the journey, detention exceeded 24 hours without Magistrate’s authority, the arrest and subsequent remand stood vitiated—accused were consequently entitled to bail on account of violation of...

A. Bharatiya Nagarik Suraksha Sanhita,2023—Section 483—Bail—Parity—Co-accused—Husband—Absence from Scene of Occurrence— Where co-accused parents-in-law and brother-in-law alleged to be present at the scene of occurrence have already been granted bail and such orders have not been challenged by the informant, the husband, who was admittedly not present at the scene of occurrence, is entitled to consideration of the principle of parity—where his alleged role was confined to instigation and the principal allegation regarding procurement of poison was against the father-in-law, parity along with the petitioner’s absence from the scene constitutes a relevant circumstance for grant of bail. [Para 3] B. Bharatiya Nagarik Suraksha Sanhita,2023—Section 483—Bail—Pre-trial De...

A. Indian Penal Code,1860—Sections 299,300,301 and 304 Part II—Culpable Homicide—Murder—Intention and Knowledge—Fatal Blow to Intervening Person— Mere fact that the accused’s act resulted in death does not by itself constitute murder—the prosecution must establish that the act falls within one of the four clauses of Section 300—where the accused intended to assault one person and the deceased intervened and sustained the fatal blow, the culpability of the accused has to be determined with reference to the intention or knowledge accompanying the intended assault—the fact that the injury ultimately proved fatal is insufficient by itself to establish the intention required under Section 300—where the circumstances establish knowledge that the act was likely to cause death but ...

A. Negotiable Instruments Act, 1881—Sections 138 & 141—Cheque issued by Company—Managing Director—Necessary party—Where cheque is issued by a company, the company is a necessary party to prosecution under Section 138—Proceeding only against Managing Director in his personal capacity, without arraigning the company as accused, is not sustainable—Complaint must disclose that the transaction and cheque were on behalf of the company. (Paras 9–11) B. Negotiable Instruments Act, 1881—Section 138(b)—Statutory notice—Notice to Managing Director—Notice addressed to Managing Director in his official capacity cannot, on the facts of the case, be treated as notice to the company where complaint itself alleges that transaction was undertaken by him in his personal capacity&...

A. Negotiable Instruments Act, 1881—Section 138—Dishonour of cheque—Statutory demand notice—Validity—Compensation—Held: Compliance with proviso (b) to Section 138 requires the statutory demand notice to clearly and correctly specify the amount covered by the dishonoured cheque. A notice does not become invalid merely because, in addition to the cheque amount, it also claims interest, litigation expenses or other legally recoverable amounts, provided the cheque amount is distinctly identifiable. Likewise, a single consolidated notice in respect of more than one dishonoured cheque is legally permissible if the amount relating to each cheque is separately and accurately mentioned. Any material discrepancy in the cheque amount demanded, however, vitiates the statutory notice and the prosecution founded ther...

A. Protection of Women from Domestic Violence Act, 2005—Sections 20 and 22—Maintenance and compensation—Quantum—Held: Determination of maintenance is not capable of precise mathematical calculation and necessarily involves judicial discretion. Where the husband, a retired employee, failed to establish any ground warranting interference and the evidence on record justified the relief, the award of monthly maintenance of ₹6,000 to the wife, ₹3,000 to the minor son and ₹2,000 towards alternative accommodation was upheld as reasonable. (Paras 14 to 16) B. Protection of Women from Domestic Violence Act, 2005—Section 22—Compensation for domestic violence—Reduction of quantum—Held: Compensation under Section 22 may be awarded for mental torture and emotional distress caused by domestic vio...

A. Criminal Procedure Code, 1973—Bail—SC/ST (Prevention of Atrocities) Act, 1989—Section 14-A—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—In appeal against refusal of bail, Court granted bail considering that the occurrence arose from a sudden quarrel without premeditation, a counter-case had been registered, appellants had also sustained injuries, investigation was complete, trial had not commenced despite filing of the charge-sheet, prolonged incarceration had occurred, and there was no criminal antecedent or flight risk—Apprehension of witness tampering held capable of being addressed through appropriate conditions. B. Constitution of India, 1950—Articles 21 & 22(1)—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 47—Communication of grounds of arrest&mda...

A. Criminal Procedure Code, 1973—Section 374(2)—Appeal against conviction—Victim turning hostile—Conviction based solely on circumstantial and medical evidence—Where the prosecutrix, being the star witness, turns hostile and does not support the prosecution case, and there is no independent eyewitness or other reliable evidence establishing kidnapping or sexual assault, a conviction founded principally upon circumstantial and medical evidence cannot be sustained—In the absence of trustworthy evidence connecting the accused with the alleged offences under Sections 363, 366, and 376(2)(n) IPC read with Section 6 of the POCSO Act, the conviction is liable to be set aside. (Paras 26, 33, 34) B. Penal Code, 1860—Sections 363 and 366—Kidnapping and abduction—Voluntary departure by victim&...

A. Indian Penal Code, 1860—Sections 420, 468, 471, 120B and 34—Special Marriage Act, 1954—Marriage certificate obtained by fraud—Forgery of signatures—Cognizance—Held: Where the complaint alleged that the marriage certificate was procured by forging the complainant's signatures and the handwriting expert's opinion prima facie supported the allegation, the Magistrate was justified in taking cognizance of offences under Sections 420, 468, 471, 120B and 34 of the Indian Penal Code. At the stage of cognizance, the Court is only required to ascertain whether the material on record discloses a prima facie case and not to undertake a meticulous evaluation of the evidence. Consequently, quashing of the criminal proceedings was held to be unwarranted. (Paras 5, 10 to 12) B. Criminal Procedure Code, 19...