A petition for quashing of FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not maintainable immediately following dismissal of anticipatory bail, absent any material..

Rupture of the hymen is not necessary to establish the offence of penetrative sexual assault under Section 3(a) of the Protection of Children from Sexual Offences Act. Penetration to any ext..

The expression "wife" under Section 125 of the Code of Criminal Procedure must receive a liberal interpretation in furtherance of its social justice objective. A woman who has cohabited open..

Mere existence of telephonic calls in call detail records, without disclosure of the contents of communication, cannot establish criminal conspiracy under Section 61(2) of the Bharatiya Nyay..

Section 168 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers police to "interpose" to prevent cognizable offences, meaning to intervene or step in, and does not authorise issuance of..

Extraordinary writ jurisdiction under Article 226 of the Constitution cannot be invoked to direct registration of an FIR when equally efficacious statutory remedies remain unexhausted. The B..

In a POCSO case, the age of the prosecutrix at the time of the alleged incident, though technically below majority, is a relevant consideration for bail where she was on the verge of attaini..

Section 138 of the Negotiable Instruments Act, 1881 is attracted on dishonour of a cheque only if the cheque represents a legally enforceable debt at the time of presentation. Where part pay..

Under the Prevention of Corruption (Amendment) Act, 2018, it is not necessary that the public servant was actually in a position to perform the official act at the time of demand or receipt ..

Mere participation in a seminar on Islamic literature does not constitute an offence under the bail-restricting provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA). Possessio..

Testimony of a differently-abled victim in a sexual offence case cannot be discarded solely because she is unable to clearly communicate or explicitly identify the accused. Courts must focus..

A notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) can only be issued for cognizable offences punishable with imprisonment of less than seven years or extending up..