A. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 528, 13, 212, 450, 447, 448 (corresponding to CrPC Sections 15, 192, 410, 407, 408)—Transfer of criminal cases—Powers of Chief Judicial Magistrate—Held, the power to transfer criminal cases on the request of a party is statutorily vested only in the Sessions Judge, High Court or Supreme Court—Chief Judicial Magistrate has no judicial power to transfer a case from one Magistrate to another on allegations against the Presiding Officer—Sections 212 and 450 BNSS (CrPC Sections 192 and 410) confer only administrative powers of making over, withdrawal or recall of cases for distribution of work—Exercise of transfer power by Chief Judicial Magistrate amounts to lack of jurisdiction—Impugned transfer order liable to be set aside. [Paras 14 to...

Penal Code, 1860 (IPC)—Sections 302 & 201—Murder and Causing Disappearance of Evidence: Appeal against conviction and life imprisonment for murder and 4 years RI for causing disappearance of evidence was dismissed—Conviction upheld based on circumstantial evidence and “last seen” principle, linking appellant to the death of a child beyond reasonable doubt—Post-mortem confirmed death by strangulation; injuries consistent with manual compression; clothing and circumstances corroborated prosecution case. Criminal Procedure Code, 1973 (CrPC)—Sections 313 & 374—Statement of Accused and Appeal: Appellant’s admission regarding unpaid loan provided motive; absence of motive does not preclude conviction in circumstantial evidence cases—Evidence of child witness reliable though ...

Arbitration and Conciliation Act, 1996—Section 34(3)—Limitation: Application for setting aside an arbitral award must be filed within three months from receipt, with a further condonable period of thirty days—Section 5 of the Limitation Act, 1963, permitting condonation of delay on sufficient cause, is not applicable, though Section 14, allowing exclusion of time spent in bona fide proceedings in another forum, applies. Micro, Small and Medium Enterprises Development Act, 2006—Section 19—Pre-deposit: Pre-deposit of 75% of the awarded amount is mandatory, but the Commercial Court may release part of the deposit to the supplier on furnishing an indemnity bond, balancing equities, particularly for small-scale suppliers. Limitation—Jurisdictional Requirement: Limitation is jurisdictional; courts must ...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 94 & 106—Cyber crime—Freezing of bank account—Scope and limitations—A bank account is “property” within the meaning of Section 106 BNSS, and the police are empowered to prohibit its operation during investigation only where the action is founded on reasonable belief of commission of an offence, and not on mere suspicion—Power of seizure/freezing cannot be exercised to intervene in civil or money disputes—Blank or mechanical freezing of accounts is impermissible. [Paras 7, 9, 12(A)] B. Bharatiya Nagarik Suraksha Sanhita, 2023—Sections 94 & 106—Procedure for freezing bank account—Mandatory safeguards—Freezing of a bank account in cyber crime investigation must comply with the following mandatory ...

A. Motor Vehicles Act, 1988—Section 166—Compensation Claims by Legal Representatives—Status of Married Daughters—A married daughter qualifies as a legal representative eligible to claim compensation regardless of her full financial dependence on the deceased. Her claim is not restricted solely to the no-fault liability under Section 140, and the award amount should be calculated using accepted methods that take into account potential and actual dependency arising from familial ties. (Paras 16, 19, 22, 26, 27, 29) B. Motor Vehicles Act, 1988—Section 140—No-Fault Liability—Distinction Between Eligibility and Quantum of Compensation—Legal representatives hold an inherent right to seek compensation regardless of dependency status, and the amount awarded should at least meet the minimum liabil...

A. Criminal Procedure Code, 1973 (CrPC)—Section 161—Police Examination of Witnesses—Omission to Record Injured Witness’s Statement—Although failure to record a statement under Section 161 does not make the witness’s later testimony inadmissible, it substantially weakens its evidentiary weight and deprives the accused of the opportunity to effectively challenge the witness during cross-examination. (Paras 10–19) B. Indian Evidence Act, 1872—Section 145—Cross-Examination Rights—The accused is entitled to have specific portions of prior written statements highlighted to contradict the witness. Non-recording of the Section 161 statement denies this procedural safeguard, thus affecting the fairness of the trial. (Para 13) C. Penal Code, 1860 (IPC)—Section 307—Attempt...

Penal Code, 1860—Sections 304-B and 498-A—A dowry death case, the court upheld the conviction of the appellant, emphasizing the reliability of prosecution evidence despite delays and hostile witnesses—The testimony of key witnesses, including the prosecutrix and her family, corroborated by medical and documentary evidence, established the demand and acceptance of dowry and subsequent cruelty leading to the deceased’s unnatural death within seven years of marriage, invoking the presumption under Section 113-B of the Evidence Act—The court condemned the practice of unnecessary adjournments, especially delaying cross-examination, highlighting that such delays can lead to witness tampering and undermine the trial’s integrity—It reiterated the duty of courts to ensure trials proceed fairly and expediti...

Arbitration and Conciliation Act, 1996—Section 9—Interim Measures—Injunction against Encashment of Bank Guarantee—Principles—A bank guarantee constitutes a separate contract distinct from the main contract, and its invocation is governed strictly by its terms—Injunctions restraining encashment of an unconditional bank guarantee are rare and permissible only under two exceptional circumstances: (i) where there is fraud of an egregious nature that vitiates the entire bank guarantee transaction itself, or (ii) where special equities exist causing “irretrievable harm” or “irretrievable injustice” that cannot be compensated by monetary damages—Mere disputes concerning the main contract, including allegations of delay or breach, do not justify injunctions against encashment&mdash...

Penal Code, 1860 (IPC)—Sections 363, 366, 354—The conviction for forcible kidnapping, detention, outrage of modesty, and attempt to commit rape was upheld based on consistent and credible testimony of the victim, including her Section 164 CrPC statement—The accused’s acts of forcibly taking and undressing the victim, despite her protest, established clear intent to commit rape under Section 376/511 IPC—Delay in lodging the FIR in sexual offence cases does not necessarily weaken prosecution, considering the sensitivity involved—The prosecutrix’s testimony holds high evidentiary value and does not require strict corroboration—The burden to prove consent lies with the accused, and mere denial without evidence is insufficient—Failure of the accused to offer plausible explanation under Sect...

Prevention of Corruption Act, 1988—Sections 7, 13(1)(d)—Criminalizes a public servant’s demand and acceptance of illegal gratification, requiring proof of a demand as an essential ingredient—Mere recovery of money is insufficient unless it is established beyond reasonable doubt that the accused knowingly accepted it as a bribe—Sections 7 and 13(1)(d) distinguish between acceptance without prior demand and acceptance following a demand, both requiring specific proof of demand or offer through direct or circumstantial evidence—Section 20 allows a presumption that acceptance of gratification was for reward or motive but only after demand and acceptance are proved—Even if the main complainant turns hostile or is unavailable, demand can be established through other evidence; absence of such corroborati...