Under Section 294(b) IPC, obscenity requires satisfaction of the "prurient interest" test — the words used must appeal to prurient interests or tend to deprave and corrupt the audience. Vu..

Prolonged incarceration without commencement of trial amounts to punishment and violates the right to speedy trial under Article 21 of the Constitution. Delay in trial is a significant facto..

Vague and omnibus allegations against relatives of a husband, unsupported by corroborating material, cannot sustain criminal prosecution in matrimonial disputes. Mere mention of names in an ..

Testimony of a child victim, when credible and corroborated by medical evidence, cannot be discarded on the basis of minor inconsistencies or perceived improbabilities in the prosecution tim..

A creditor making phone calls to a debtor demanding repayment of dues performs a lawful act. Such conduct, without material indicating physical assault, threat of a specific nature, or activ..

Dishonour of a post-dated cheque, by itself, does not establish dishonest intention at the inception of a transaction so as to attract the offence of cheating under Section 420 of IPC. Post-..

Dishonest intention at the inception of an agreement is an essential ingredient of cheating under Section 415 read with Section 420 of the IPC. Mere failure to fulfil a promise or non-paymen..

Sections 302 and 364 of the IPC are separate and distinct offences and do not qualify as cognate offences under the CrPC. Conviction for a lesser offence under Section 222 CrPC is permissibl..

Inherent powers under Section 482 of the CrPC cannot be exercised to quash an FIR involving allegations of forgery and fraud when forensic examination of disputed documents is pending and in..

The standard for summoning additional accused under Section 319 CrPC is "strong and cogent evidence" — higher than prima facie satisfaction but well below proof beyond reasonable doubt. Co..

Under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, an accused must be informed of the right to be searched only before a Magistrate or a Gazetted Officer. Offering..

Registration of an FIR on the statement of a police official who witnessed the incident is valid and its authenticity cannot be doubted merely because no complaint was filed by the victim. U..