Dismissal of a complaint under Section 138 of the Negotiable Instruments Act, 1881 for want of prosecution is unsustainable where the accused has not yet been served and proceedings remain a..

The 60-day period under Section 250(1) BNSS for filing a discharge application after committal is procedural in nature. It regulates the exercise of the right but does not extinguish it. Whe..

Enhancement of maintenance under Section 127 of the Criminal Procedure Code, 1973 must be grounded in adequate reasons. Inflation and changed circumstances justify enhancement, but the amoun..

Vague and omnibus allegations, without attribution of specific acts, dates, or places, cannot sustain criminal proceedings under Section 498A of the IPC and Sections 3 and 4 of the Dowry Pro..

When an accused already in judicial custody is formally arrested in another case pursuant to a production warrant under Section 302 of the BNSS, separate communication of grounds of arrest t..

Conviction under Section 306 of the IPC requires proof of two distinct elements: first, that the deceased committed suicide, and second, that the accused abetted the act through instigation ..

A Hindu marriage solemnised solely through execution of signatures on a non-judicial stamp paper, without customary rites and ceremonies, is a legal nullity under Sections 5 and 7 of the Hin..

Preventive detention under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 is valid only when the activities of a detenue fall within t..

Inquiry under Section 202 of the CrPC (Section 225, BNSS) before issuing summons to an accused residing outside territorial jurisdiction is mandatory only for private complaints. Where a com..

Panchayats have no jurisdiction to settle criminal offences, particularly sexual offences against minors. A Sarpanch holds no judicial or magisterial authority. Under Sections 19 and 21 of t..

Reference to a person's profession, without more, does not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. To attract Sections 3(1..

Matrimonial cruelty under Section 498A of the Indian Penal Code is a continuing offence. Suffering of the victim does not end with a single isolated incident but persists as long as oppressi..