A Hindu marriage solemnised solely through execution of signatures on a non-judicial stamp paper, without customary rites and ceremonies, is a legal nullity under Sections 5 and 7 of the Hin..

Preventive detention under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 is valid only when the activities of a detenue fall within t..

Inquiry under Section 202 of the CrPC (Section 225, BNSS) before issuing summons to an accused residing outside territorial jurisdiction is mandatory only for private complaints. Where a com..

Panchayats have no jurisdiction to settle criminal offences, particularly sexual offences against minors. A Sarpanch holds no judicial or magisterial authority. Under Sections 19 and 21 of t..

Reference to a person's profession, without more, does not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. To attract Sections 3(1..

Matrimonial cruelty under Section 498A of the Indian Penal Code is a continuing offence. Suffering of the victim does not end with a single isolated incident but persists as long as oppressi..

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..