Under Section 195 of the CrPC (Section 215 BNSS), cognizance of offences affecting public justice can be taken only upon a complaint by the concerned public servant or a superior authority â..

Police must record statements and preserve videos of amicable settlements in criminal matters to establish that consent of parties is free, voluntary, and without pressure or threat. Such re..

A confession made by a person in police custody is inadmissible under Section 26 of the Evidence Act unless made in the immediate presence of a Magistrate. Section 26 operates independently ..

Hymen rupture or vaginal injury is not an essential ingredient to prove penetrative sexual assault under Section 3(a) of the Protection of Children from Sexual Offences Act, 2012. Penetratio..

Under the Protection of Children from Sexual Offences Act, 2012, a parent's refusal to consent to internal medical examination of a child victim, to prevent further trauma, does not warrant ..

Under Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, a Magistrate is required to endeavour to dispose of every application under Section 12(1) within 60 days of i..

Under the POCSO Act, 2012, refusal of a parent to consent to internal medical examination of a child victim cannot by itself justify an adverse inference against the prosecution, particularl..

Conviction in a gang rape case under Section 376-D of the IPC cannot be sustained where the ocular account of the prosecutrix is materially inconsistent with medical evidence, key eyewitness..

Delay in lodging FIR, if reasonably explained, does not vitiate prosecution. Assistance of advocate in drafting FIR does not by itself affect credibility. The only caveat that the same requi..

Obscenity under Section 294 of the Indian Penal Code requires words capable of arousing sexually impure thoughts. Mere mocking or tasteless remarks do not satisfy the test of obscenity. “S..

Abetment of suicide under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita requires prima facie material showing instigation or intentional aid. Mere registration of a crimi..

Use of words referring to profession does not by itself attract offences under Sections 3(1)(Da) and 3(1)(Dha) of the SSCST Act-- Intentional insult must be with specific intent to humiliate..