Consent to sexual intercourse is vitiated by misconception of fact where a woman cohabits solely on the belief of being a lawfully wedded wife, and that belief is induced by concealment of a..

Section 256 of the Code of Criminal Procedure contemplates acquittal of an accused who is before the court, not when absconding from trial. Dismissal of a complaint and acquittal solely on a..

Information leading to discovery of facts is admissible under Section 27 of the Indian Evidence Act only when given by a person in police custody at the time of making the statement. Absence..

Victim compensation under Section 357 CrPCis not an alternative to a sentence or punishment imposed. Punishment is punitive in nature and cannot be purchased by money. Treating compensation ..

A person who feloniously and intentionally kills another is disqualified from inheriting the victim's property under the common law "Slayer Rule," even where the Indian Succession Act, 1925 ..

When the investigating officer files a refer report recommending closure of proceedings under the SCST (Prevention of Atrocities) Act, the Special Court must either accept or reject the repo..

WhatsApp chats and call detail records are not substantive evidence and can only be used for corroboration. Their veracity and evidentiary value must be tested at trial and cannot be treated..

Under clause (a) of the proviso to Section 138 of the Negotiable Instruments Act, 1881, a cheque must be presented within six months or within its validity period, whichever is earlier. Wher..

Under Sections 2(s) and 19 of the Protection of Women from Domestic Violence Act, 2005, a "shared household" is a fact-sensitive determination. A premises historically occupied as a matrimon..

Section 175(3) BNSS does not compel a Magistrate to direct FIR registration or police investigation in every case disclosing a cognizable offence. Where the complainant possesses complete kn..

Under Article 22(1) of the Constitution and Section 36 BNSS communicating grounds of arrest is a mandatory constitutional safeguard, not a formality. An arrest memo silent on grounds, combi..

Whether Section 498A IPC/S.85 BNS extends to a man in a live-in relationship or a relationship in the nature of marriage — where no legal marriage exists — remains an open question. ..