Under the POCSO Act, 2012, refusal of a parent to consent to internal medical examination of a child victim cannot by itself justify an adverse inference against the prosecution, particularl..

Conviction in a gang rape case under Section 376-D of the IPC cannot be sustained where the ocular account of the prosecutrix is materially inconsistent with medical evidence, key eyewitness..

Delay in lodging FIR, if reasonably explained, does not vitiate prosecution. Assistance of advocate in drafting FIR does not by itself affect credibility. The only caveat that the same requi..

Obscenity under Section 294 of the Indian Penal Code requires words capable of arousing sexually impure thoughts. Mere mocking or tasteless remarks do not satisfy the test of obscenity. “S..

Abetment of suicide under Section 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita requires prima facie material showing instigation or intentional aid. Mere registration of a crimi..

Use of words referring to profession does not by itself attract offences under Sections 3(1)(Da) and 3(1)(Dha) of the SSCST Act-- Intentional insult must be with specific intent to humiliate..

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..