Tag: BNSS 2023

Supreme Court: Amicable Settlement Leads to Full Quashing of FIR, Including Dacoity Charge
4Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Amicable Settlement Leads to Full Quashing of FIR, Including Dacoity Charge

The Supreme Court quashed an FIR for dacoity (BNS S. 310(2)/IPC S. 395) as the alleged acts lacked dishonest intention for theft/robbery—a prerequisite for dacoity. The Court held that subsequent full restitution and amicable settlement with the complainant negated the core criminal intent, rendering the entire prosecution unsustainable. Facts Of The Case: The complainant, a school clerk, alleged that on October 4, 2024, six to seven unknown persons entered P.G. Public School in Nandurbar. They demanded specific Engineering and B.A.M.S. files, assaulted and intimidated staff, and forcibly took a cheque book, blank letterheads, stamps, cash (Rs. 1,50,000), and a computer. The accused were allegedly searching for institutional documents, and the taking of property was incidental. Subsequen...
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Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling
21Jan By The Legal ChamberNo Comments
Supreme Court

Arrest Without Written Reason? Supreme Court Says It’s Illegal in Landmark Ruling

The Supreme Court held that the constitutional mandate under Article 22(1) requires the grounds of arrest to be furnished in writing to the arrestee in a language they understand, without exception, for all offences. Failure to do so renders the arrest and subsequent remand illegal, subject to a limited exception for certain in-the-moment offences where written grounds must be supplied at least two hours before the remand hearing. Facts Of The Case: On July 7, 2024, a white BMW, allegedly driven at high speed by Mihir Rajesh Shah, collided violently with a scooter from behind in Worli, Mumbai. The impact threw the scooter's male rider to the side and trapped his wife under the front left wheel and bumper of the car. Despite this, the driver allegedly continued driving, draggi...
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Supreme Court Shields Lawyers: Police Can’t Summon Advocates as Witness
17Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Shields Lawyers: Police Can’t Summon Advocates as Witness

The Supreme Court ruled that investigating agencies cannot directly summon an Advocate to disclose privileged communications with a client under Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023. Such a summons violates the attorney-client privilege and the accused's fundamental rights. Any exception must be explicitly justified, approved by a senior officer, and is subject to judicial review under Section 528 of the BNSS. Facts Of The Case: An FIR was registered at the Odhav Police Station in Ahmedabad, Gujarat, under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and other statutes concerning a loan agreement dispute. Following the arrest of an accused, an Advocate filed a successful bail application before the Sessions Court. Subsequently, the Assistant C...
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Supreme Court Reinstates Conviction in Cheque Bounce Case, Slams High Court’s Interference
21Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reinstates Conviction in Cheque Bounce Case, Slams High Court’s Interference

This Supreme Court judgment reinforces the statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, which arise upon admission of a cheque's execution. It clarifies that these presumptions are rebuttable, but the initial onus is on the accused. The ruling also establishes that a violation of Section 269SS of the Income Tax Act, 1961, does not render a debt legally unenforceable for proceedings under Section 138 of the NI Act. Facts Of The Case: The case originated from a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the appellant, Sanjabij Tari, concerning a cheque for Rs. 6,00,000 issued by the respondent, Kishore S. Borcar. The cheque was dishonoured due to insufficient funds. The appellant contended that the amoun...
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False Promise of Marriage” or Vengeance? Supreme Court Weighs In on Key Legal Issue
10Nov By The Legal ChamberNo Comments
Supreme Court

False Promise of Marriage” or Vengeance? Supreme Court Weighs In on Key Legal Issue

The Supreme Court, invoking its inherent powers under Section 482 CrPC/Section 528 BNSS, quashed the FIR and chargesheet. It ruled that criminal proceedings manifestly attended with mala fide and initiated with an ulterior motive for vengeance after prior complaints against the complainant constitute a clear abuse of the legal process. Facts Of The Case: The case involved the appellant, Surendra Khawse, and the complainant, who were colleagues at a municipal corporation. Their friendly relationship progressed into a consensual physical intimacy. The complainant, who was previously married and had a son, alleged that the appellant had sexual relations with her on multiple occasions between March 15 and April 10, 2023, based on a false promise of marriage. She claimed that when she later i...
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Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference
7Oct By The Legal ChamberNo Comments
Supreme Court

Witness Protection vs. Bail Cancellation: Supreme Court Explains the Crucial Difference

This Supreme Court judgment clarifies the distinct legal roles of bail cancellation and the Witness Protection Scheme, 2018. The Supreme Court held that the Scheme is a curative measure to protect witnesses, while bail cancellation is a judicial remedy for violations of bail conditions. The existence of the Scheme cannot be a ground to deny cancellation of bail when an accused intimidates witnesses, as these are separate legal avenues serving different purposes. Facts Of The Case: The case originated from an FIR (No. 137 of 2022) lodged by the appellant, Phireram, for offences including murder and conspiracy under the IPC. The accused were arrested and subsequently granted bail by the High Court, subject to specific conditions prohibiting them from threatening witnesses or tampering with...
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Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”
28Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Top Cop’s Anticipatory Bail in Corruption Case, Stresses “No One Above Law”

The Supreme Court held that the absence of a requirement for custodial interrogation is not, by itself, a sufficient ground to grant anticipatory bail. The court must primarily consider the prima facie case and the nature of the alleged offence. The High Court erred in conducting a mini-trial and rendering detailed findings on evidence at the anticipatory bail stage. Facts Of The Case: An IPS officer, holding the post of Additional Director General of Police in Andhra Pradesh, was accused of manipulating tenders and misappropriating public funds. The allegations involved two key transactions. First, an agreement for awareness camps on the SC/ST Act was signed on January 30, 2024, and the entire payment was approved on the very same day without any verification of the work done. Second, l...
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Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds
18Aug By The Legal ChamberNo Comments
Supreme Court

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...
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Supreme Court Verdict : Police Can’t Serve Appearance Notices via WhatsApp
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Verdict : Police Can’t Serve Appearance Notices via WhatsApp

The Supreme Court dismissed the application seeking modification of its earlier order, holding that electronic communication (e.g., WhatsApp) is not a valid mode for serving notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court emphasized that such notices, which impact personal liberty, must adhere strictly to prescribed modes of service under the BNSS. It clarified that while electronic service is permissible for court summons under Sections 63, 64, and 71 of the BNSS, the same cannot be extended to investigative notices under Section 35, as the legislative intent excludes electronic modes for this purpose. The judgment underscores the importance of safeguarding individual liberty under Article 21 of the Constitution. Facts Of The Case: The case aro...
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