Unlike Section 125(4) CrPC, which expressly bars maintenance to a wife living in adultery, the Protection of Women from Domestic Violence Act, 2005 contains no such statutory disqualificatio..

A husband who obtains divorce on the ground of wife's mental illness cannot subsequently evade maintenance liability under Section 127 CrPC by contending she is capable of earning. Such mutu..

Grant of regular bail or anticipatory bail cannot be made subject to deposit of any amount. Where case for bail is made out, Court must grant it unconditionally; where not made out, Court ma..

For conviction under Section 376 IPC, complete sexual intercourse is not mandatory; mere penetration suffices per Explanation to Section 375 IPC. Intact hymen does not negate penetration. Vi..

For conviction under Section 304B IPC, prosecution must prove cruelty or harassment in connection with dowry demand inflicted soon before death. General allegations of harassment without spe..

Power to summon additional accused under Section 213 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available only before framing of charges. Once cognizance is taken and charges are fra..

Issuance of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the rule for offences punishable with imprisonment up to seven years. Arrest is an exception. Compli..

Where a second criminal proceeding is instituted concerning the same incident with substantially identical allegations, without disclosing existence of an earlier FIR, and mandatory requirem..

Powers under Section 311 CrPC read with Section 165 of the Evidence Act permit recall or re-examination of witnesses, or summoning of material evidence, at any stage of trial—including aft..

Filing of supplementary chargesheet under Section 173(8) CrPC is permissible even at an advanced stage of trial where it is based on further investigation disclosing fresh material relating ..

Under Section 37 of the NDPS Act, the absconding status of a co-accused is a relevant consideration while assessing likelihood of the applicant fleeing from justice. Bail may be refused wher..

Where child witnesses are examined without recording preliminary questions or judicial satisfaction under Section 118 of the Evidence Act, their testimony becomes only partly reliable. Convi..