Mere breaking up of a relationship does not, by itself, constitute "instigation" under S.108 BNS/S.306 IPC. To establish abetment of suicide, there must be clear mens rea on the part of the ..

A threat by an accused to commit suicide unless the victim accompanies him constitutes "enticement" within the meaning of Section 363 of the Indian Penal Code. To establish kidnapping, it is..

Under Section 469 of the Code of Criminal Procedure, the period of limitation for taking cognisance commences from the date on which the police officer first acquires knowledge of the commis..

Absence of opinion of a medical officer on sexual assault does not, by itself, entitle an accused to acquittal in cases under the Protection of Children from Sexual Offences Act. Medical evi..

Fresh recording of a statement under S.164 CrPC/ S.183 BNSS, 2023 can be directed only in exceptional circumstances and not as a matter of routine. Section 183 BNSS does not contemplate mult..

Cancellation of bail requires a supervening circumstance arising after the grant of bail, such as violation of bail conditions, non-cooperation with investigation, tampering with evidence, o..

A wife who has voluntarily participated in foreign divorce proceedings and accepted monetary settlement cannot continue criminal prosecution under Section 498A of the Indian Penal Code on th..

A Magistrate cannot return a private complaint solely for want of a postal address of the accused. Section 2(1)(h) of the BNSS, 2023 expressly permits complaints against "some person, whethe..

A lathi is not inherently a harmless weapon; its lethality depends on the manner of use, the part of the body targeted, and the force employed. Repeated blows on vital regions such as the pa..

Under Section 149 IPC, every member of an unlawful assembly is equally liable for acts committed in furtherance of the common object, irrespective of the specific role or individual blow att..

High speed is not a prerequisite to constitute the offence of rash and negligent driving under Section 279 of the Indian Penal Code. Rashness and negligence must be assessed from the totalit..

To establish offences under Sections 498-A and 304-B of the Indian Penal Code, the prosecution must prove that the deceased herself was subjected to dowry-related cruelty soon before her dea..