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..

Complaint under Section 138 of the Negotiable Instruments Act filed through a Power of Attorney holder is maintainable when the complaint and affidavit under Section 145 explicitly state tha..

Pendency of matrimonial litigation does not grant license to forcibly enter a house without permission and assault the occupants. Even if the incident occurred in the presence of police offi..

Mere threats, absent clear intention to cause alarm and vague allegations unsupported by prima facie cogent evidence, cannot sustain a charge under Section 506 IPC. Mere presence of a lawyer..

Under Section 125 CrPC, a wife cannot claim maintenance if her own acts or omissions, or those of her family members, cause or contribute to the husband's incapacity to earn. Granting mainte..

To establish an offence under Section 498A IPC, the prosecution must prove cruelty beyond reasonable doubt with specific instances of torture inflicted with intent to cause grave injury or d..

Lawyers have no right to go on strike, give a call for boycott, or observe even a token strike. Lawyers abstaining from work hold litigants to ransom and directly violate the constitutional ..