The Supreme Court granted bail to toll plaza workers accused of assaulting a lawyer in Uttar Pradesh in a significant decision that struck a balance between individual freedom and the dignity of the legal profession. At the same time, the court strongly condemned Bar members for using violence and impeding legal representation. Citing a breakdown … Read more
The Allahabad High Court has observed that a consensual physical relationship between two adults cannot subsequently be termed as rape merely because the relationship ended or the promise of marriage was not fulfilled. The observation came while allowing an application filed by accused Ajay Saini under Section 528 BNSS, 2023. A single-judge Bench of Justice … Read more
The Allahabad High Court, while dealing with the issue of the scope of inquiry by a lower court in matters concerning members of the Scheduled Castes or Scheduled Tribes, observed that merely because a person belongs to the SC/ST community, the court is not bound to direct registration of an FIR in every case. The … Read more
Introduction: The criminal procedure system is now regulated by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It describes the steps undertaken once a crime is committed, starting with the reporting of the crime to the ultimate sentence and appeal before the concerned Court. The case of a criminal does not initiate in court. It passes … Read more
The Allahabad High Court, while refusing to grant the accused an additional opportunity to lead evidence in a 13-year-old cheque bounce case instituted under Section 138 of the Negotiable Instruments Act, observed that excessive delay in the resolution of judicial disputes weakens the very foundation of the judicial process. In this context, the Court underlined … Read more
The Allahabad High Court has held that a trial court cannot ignore a final report submitted after further investigation while proceeding to frame charges. The Court observed that if cognizance has already been taken on an initial charge sheet and the police subsequently file a final report upon further investigation, the trial court is duty-bound … Read more
