Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

A collection of 330 posts

Criminal

Balaji Traders vs State Of U.P 2025 INSC 806 - S.387 IPC - Extortion

💡To attract Section 387 IPC, should extortion be committed while putting a person in fear of death or grievous hurt? Indian Penal Code 1860 - Section 387 [Section 308(4) IPC] Nowhere does the Section say that extortion has to be committed while putting a person in fear of death

Criminal

Celestium Financial vs A. Gnanasekaran 2025 INSC 804 - S.372 CrPC - Victim's Right To Appeal - Cheque Bounce Cases

💡 If the victim of an offence is a complainant, can he/she prefer an appeal under the proviso to Section 372 CrPC? Code of Criminal Procedure 1973 - Sections 372,378 [Section 413,419 BNSS] - The victim of an offence has the right to prefer an appeal under the

Criminal

State vs Eluri Srinivasa Chakravarthi 2025 INSC 758 - Discharge - Accused’s Right To File Material Or Documents

Code of Criminal Procedure 1973 - Section 227,239 [Section 250,262 BNSS]- Accused at the stage of framing of charge does not have a right to file material or documents- only the chargesheet along with accompanying materials are to be considered at the stage of framing of charges,

Criminal

Ghanshyam Soni vs State (Govt. Of NCT Of Delhi) 2025 INSC 803 - S.468 CrPC - S.498A IPC Misuse

Code of Criminal Procedure 1973 - Section 468 [Section 514 BNSS] -For the computation of the limitation period under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance

Criminal

Sanjay Kumar Jangid vs Mukesh Kumar Agarwal - S. 439 CrPC - Cancellation Of Bail

Code of Criminal Procedure 1973- Section 439 - [Section 483 BNSS] -Bail once granted should not be cancelled in a mechanical manner unless any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to enjoy the concession of bail during the trial- Referred

Criminal

Shrichand Rajaram Kukreja vs State Of Maharashtra 2025 INSC 794 - Quashing - Civil Disputes - Criminal Cases

Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS] - Attempts of the over-zealous litigants in trying to settle their civil disputes by misusing the police machinery and resorting to criminal proceedings- While quashing a criminal case, SC observed: the admitted facts as available on record reveal that

Criminal

Sameer Sandhir vs Central Bureau of Investigation 2025 INSC 776 - Production Of Addl. Documents By Prosecution

Code of Criminal Procedure - If there is an omission on the part of the prosecution in forwarding the relied upon documents to the learned Magistrate, even after the chargesheet is submitted, the prosecution can be permitted to produce the additional documents which were gathered prior to or subsequent to

Criminal

Vinod Bihari Lal vs State Of Uttar Pradesh 2025 INSC 767 - UP Gangsters Act - S. 482 CrPC - Criminal Antecedents

Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 - The satisfaction of the approving authority is sine qua non for taking action under the Act of 1986. It is indispensable for the approving authority to record his satisfaction in his own words, to indicate application of mind before approving

Criminal

Central Bureau Of Investigation vs Sekh Jamir Hossain 2025 INSC 788 - Cancellation of Bail

Bail - Considerations for grant of bail and cancellation thereof are entirely different. Bail once granted to the accused should normally not be interfered with/cancelled unless there exist circumstances giving rise to an inference that the bail has been procured by practicing fraud or mis-representation; that the allegations against

Criminal

N.S. Gnaneshwaran vs Inspector Of Police 2025 INSC 787 - S.482 CrPC - Quashing On Settlement

Code of Criminal Procedure 1973 - Section 482 - HC dismissed petition seeking quashing of criminal proceedings against accused for offences under Section 120B read with Sections 420, 468, and 471 of the Indian Penal Code – Allowing appeal, SC observed: the present criminal proceedings to continue would serve no meaningful

Criminal

Ramji Prasad Jaiswal @ Ramjee Prasad Jaiswal vs State Of Bihar 2025 INSC 738 - S. 313 CrPC - Juvenile Justice

Code of Criminal Procedure 1973- Section 313 [Section 351 BNSS]- Principles discussed - Referred to Raj Kumar alias Suman Vs. State (NCT of Delhi) (2023) 17 SCC 95 , Ashok Vs. State of Uttar Pradesh (2025) 2 SCC 381. (Para 29-34) [Context: In this case, SC noticed that all the

Criminal

Sivankutty vs P.K Patra - S.468 CrPC - Starting Point Of Limitation

❓What is the starting point of limitation for the purpose of Section 468 CrPC ? Code of Criminal Procedure 1973 - Section 468 - In the absence of any indication provided by Section 468, Cr. PC as to the starting point of limitation, the periods of six months, one year and

Criminal

Kushal Kumar Agarwal vs Directorate Of Enforcement 2025 INSC 760 - PMLA - CrPC -BNSS

❓Does Section 223 BNSS apply to complaint filed under Section 44 PMLA? Prevention of Money Laundering Act, 2002 - Section 44; Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 223 - The provisions of Chapter XVI of BNSS, containing Sections 223 to 226, will also apply to a complaint (filed after

Criminal

K. H. Kamaladini vs State 2025 INSC 745 - CrPC - Framing Of Charge- Scope Of Hearing

💡What is the scope of hearing at the time of framing of the charge? Code of Criminal Procedure 1973 -Section 228 [Section 251 BNSS] - Scope of hearing at the time of framing of the charge - Firstly, at this stage, the Court can examine only the documents forming part

Criminal

Shaurabh Kumar Tripathi vs Vidhi Rawal 2025 INSC 734 - S.482 CrPC - Quashing Domestic Violence Cases

❓Can High Courts quash Domestic Violence cases by invoking Section 482 CrPC inherent power? Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS ] - Protection of Women from Domestic Violence Act, 2005 -Section 12 - High Courts can exercise power under Section 482 CrPC (Section 528 BNSS) for

Criminal

Shivappa Reddy vs S. Srinivasan 2025 INSC 729 - S.63 Partnership Act - Resignation

❓Is putting forth a resignation or the partners entering into an agreement or drafting a deed or/and accepting the resignation of a partner of the Firm sufficient for discharging the liability of a partner of the Firm.? Indian Partnership Act 1932 - Section 63 - Merely putting forth a

Criminal

P Krishna Mohan Reddy vs State Of Andhra Pradesh 2025 INSC 725 - CrPC - Evidence Act - Anticipatory Bail - Confession Of Co-accused

❓Can anticipatory bail be granted merely on the ground that custodial interrogation is not required ? Code of Criminal Procedure 1973 - Section 438 [Section 482 BNSS] - Anticipatory Bail - Custodial interrogation -Even in cases where custodial interrogation may not be required the court is obliged to consider the entire

Criminal

Raghunath Sharma vs State Of Haryana 2025 INSC 723 - Ss.362,482 CrPC - Recall Of Order Quashing

Code of Criminal Procedure 1973 - Section 362, 482 - [Sections 403,528 BNSS]-Once the criminal cases had been quashed, under Section 482 Cr.P.C. on the ground of compromise entered into between the parties, one of the parties violating terms thereof is a ground entirely foreign to

Criminal

Sachin vs State Of Maharashtra 2025 INSC 716 - Ss. 377,386,401 - Appeal against Conviction - Enhancement Of Sentence

Code of Criminal Procedure 1973 - Section 386,401 [Section 427,442 BNSS] - No appellant by filing an appeal can be worse-off than what he was - The appellate court, in an appeal filed by the accused cannot, while maintaining the conviction, enhance the sentence - In an appeal

Criminal

NDA Securities Ltd. vs State 2025 INSC 676 - S.482 CrPC - Quashing -

Code of Criminal Procedure 1973 - Section 482 - [Section 528 BNSS] -While exercising the inherent jurisdiction under section 482 CrPC, the High Court is not supposed to conduct a mini trial. (Para 10) 2025 INSC 676 NDA Securities Ltd. vs State - S.482 CrPC - Quashing -2025 INSC

Criminal

Parshottam Shantilal Chaddarwalaa vs State Of Gujarat 2025 INSC 664 - S.195 CrPC

Code of Criminal Procedure 1973 - Section 195 [Section 215 BNSS] - The object of imposition of the bar under Section 195 CrPC is to avoid the frivolous litigation and not to provide shelter or tool to a mischief player or an offender- Quoted from M.R.Ajayan v. State

Criminal

Gopal Govind Lakade vs State Of Maharashtra 2025 INSC 658 - S. 482 CrPC - Dismissing Quashing Petition Without Issuing Notice

Code of Criminal Procedure 1973 - Section 482 - Allowing appeal against HC judgment that dismissed petition seeking quashing of FIRs, SC observed: If the High Court was not inclined to even issue notice to the respondent(s), then reasons ought to have been assigned for that purpose, or in

Criminal

Disha Kapoor vs State Of Uttar Pradesh 2025 INSC 649 - S.482 CrPC - Quashing - Contrary Stands Of Complainant & Inconsistencies

Code of Criminal Procedure 1973 - Section 482 - Dismissing SLP against HC judgment quashing criminal proceedings, the Court observed: The petitioner had taken contrary stands and there are inconsistencies in the complaint and statement which was made before the Magistrate, which persuade us to find the proceedings to be

Criminal

Umashankar Yadav vs State of Uttar Pradesh 2025 INSC 653 - Ss.195,482 CrPC - Ss. 186,353 IPC

Code of Criminal Procedure 1973 - Section 2(d), 195 - As per explanation in definition clause, a police report disclosing a non-cognizable offence shall be deemed to be a complaint and the police officer shall be deemed to be the complainant. Even then, the legal embargo under section 195

Criminal

Sarla Gupta vs Directorate of Enforcement 2025 INSC 645 - PMLA - Accused 's Right To Get Copies Of Documents

Prevention of Money Laundering Act 2002 - Section 17,18 -(a) When records, instruments or documents of title of the property are seized along with the property under Sections 17 and 18 of the PMLA, the accused from whom the same are seized is entitled to true copies thereof;