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..

A wife who has voluntarily participated in foreign divorce proceedings and accepted monetary settlement cannot continue criminal prosecution under Section 498A of the Indian Penal Code on th..

A Magistrate cannot return a private complaint solely for want of a postal address of the accused. Section 2(1)(h) of the BNSS, 2023 expressly permits complaints against "some person, whethe..

Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956, custody of a child below five years of age ordinarily vests with the mother. The paramount consideration in custody matte..

A lathi is not inherently a harmless weapon; its lethality depends on the manner of use, the part of the body targeted, and the force employed. Repeated blows on vital regions such as the pa..

Under Section 149 IPC, every member of an unlawful assembly is equally liable for acts committed in furtherance of the common object, irrespective of the specific role or individual blow att..

When a deceased employee has categorically admitted the factum of marriage in judicial proceedings during his lifetime, a public authority cannot demand additional proof to deny family pensi..

High speed is not a prerequisite to constitute the offence of rash and negligent driving under Section 279 of the Indian Penal Code. Rashness and negligence must be assessed from the totalit..

To establish offences under Sections 498-A and 304-B of the Indian Penal Code, the prosecution must prove that the deceased herself was subjected to dowry-related cruelty soon before her dea..

The true nature of a property transaction must be determined by reading the document in its entirety, and not from the label or description assigned to it. A deed styled as a sale may, in su..

At the stage of taking cognizance on a complaint under Section 200 of the Code of Criminal Procedure, a Magistrate must be satisfied that sufficient grounds exist to proceed against the accu..