FIR alleging rape on the pretext of marriage should be quashed under Section 528 BNSS (equivalent to Section 482 CrPC) because the circumstances indicated that the criminal proceedings were mala fide and instituted for vengeance.
| Posted on: October 2, 2025 |
Comparative Note: Sanjay D. Jain v. State of Maharashtra (2025) in light of Bhajan Lal (1990) and Digambar (2024) Introduction The Supreme Court’s decision in…
| Posted on: September 28, 2025 |
Case Note: Sanjay D. Jain v. State of Maharashtra, Supreme Court of India, Criminal Appeal No. 12584 of 2024, decided on 26 September 2025 Headnote…
| Posted on: September 28, 2025 |
Case Note: Odela Satyam & Anr. v. State of Telangana & Ors., 2025 INSC 1174 Headnote Criminal Law — Multiple FIRs — Consolidation of cases…
| Posted on: September 28, 2025 |
Once execution of a cheque is admitted, presumptions under Sections 118 and 139 of the NI Act apply, and the burden shifts to the accused to rebut. Mere allegation of the complainant’s financial incapacity, without evidence, is insufficient to rebut the presumption
| Posted on: September 27, 2025 |
Whether criminal proceedings under Sections 323, 498A IPC and Sections 3 & 4 of the Dowry Prohibition Act can be sustained against the brother-in-law where the FIR contains only vague, omnibus allegations without specific details of cruelty or demand of dowry.
| Posted on: September 25, 2025 |
Cheating requires both deception and dishonest inducement, resulting in wrongful loss or gain (Sections 23–25 IPC). Mere deception is insufficient unless it induces a person to part with property or act in a way they would not have otherwise
| Posted on: September 12, 2025 |
Mandatory FIR Registration — Once information discloses a cognizable offence, registration of FIR is mandatory under Section 154 CrPC. Credibility or genuineness of the information is not a condition precedent. The Court reaffirmed Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1.
| Posted on: September 12, 2025 |
Courts must exercise caution in summoning on private complaints, especially in cases involving allegations of rape on a promise of marriage. Delay, vagueness, and lack of independent corroboration undermine the credibility of such complaints. Inherent powers under Section 482 CrPC must be exercised to prevent abuse of process when proceedings are manifestly frivolous or malicious.
| Posted on: September 10, 2025 |
The Delhi High Court in Smt. Rama Oberoi v. State (NCT of Delhi) reaffirmed important principles governing cheque dishonour litigation under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). The Court clarified (i) the permissibility of pursuing concurrent civil and criminal remedies, (ii) computation of limitation under Section 138, and (iii) the limits of High Court’s jurisdiction to quash proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)
| Posted on: September 4, 2025 |