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Supreme Court & High Courts Judgments
To attract mischief under Section 425 IPC, there must be actual destruction of or injurious change to property — mere possession of combustible material without ignition does not constitut..
Madras High Court
Consent given by an accused to undergo Narco Analysis Test is not irrevocable and may be withdrawn at any time before or during the conduct of such test. Conducting a Narco Analysis Test aga..
Rajasthan High Court
Under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate cannot delegate the statutory inquiry to the police before directing investigation. The expression "inquiry..
Calcutta High Court
Under Section 27 of the Indian Evidence Act, the essential requirement for admissibility of a discovery is that information supplied by the accused in custody must relate distinctly to the f..
Bombay High Court
Failure to furnish written grounds of arrest does not automatically render an arrest illegal unless the accused demonstrates actual prejudice — the "prejudice test" governs alleged procedu..
The standard for summoning additional accused under Section 319 CrPC is "strong and cogent evidence" — higher than prima facie satisfaction but well below proof beyond reasonable doubt. Co..
Supreme Court
Good faith immunity under Section 69 of the NDPS Act is not an absolute shield — it requires lawful competence in addition to honest belief. An officer acting without jurisdiction cannot m..
Orissa High Court
Closure of premises under Section 18(1) of the Immoral Traffic (Prevention) Act, 1956 is a preventive measure and does not require prior conviction of the owner or occupier under Sections 3 ..
Cruelty under Section 498A IPC must satisfy statutory ingredients under the Explanation — mere matrimonial discord or ordinary family expectations do not suffice. A complaint that is gener..
Delhi High Court
Under Section 40 of the POCSO Act, Rule 4 of the POCSO Rules 2020, and Section 483(2) of the BNSS, a victim has an enforceable right to be heard before bail is granted to an accused, particu..
Kerala High Court
Crossing the central line while overtaking constitutes rash and negligent driving under Sections 279, 337, and 338 of the IPC, read with Rule 6 of the Rules of Road Regulations, 1989, which ..
Himachal Pradesh High Court
Under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused must be informed of the right to be searched only before a Magistrate or a Gazetted Officer. Offering..
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