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. ..

Section 155(2) CrPC bars police from investigating a non-cognizable offence without a Magistrate's order but does not specify who must move the application for such an order. The provision's..

Under Section 2(f) of the Domestic Violence Act, 2005, a "domestic relationship" includes relationships in the nature of marriage. Legal proof of a ceremonial marriage is not mandatory; evid..

Under Section 125 CrPC, maintenance is not limited to preventing destitution but ensures a wife lives with dignity consistent with the husband's status. Mere employment or income of the wife..

Under Section 482(1) BNSS, 2023, anticipatory bail can only be sought by a person who has reason to believe he may be arrested. Once a person has already been arrested, the pre-arrest bail p..

A Magistrate's obligation to apply judicial mind to police reports is continual and does not cease upon taking cognizance on a primary charge sheet. Under Section 173(8) CrPC, every suppleme..