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The Allahabad High Court has reaffirmed that a very broad and expansive interpretation is required to be given to the term ‘wife’ for maintenance under Section 125 Cr.P.C. to include those cases where a man and woman have been living together as husband and wife for a reasonable long period of time. The High Court…
The Delhi High Court has observed that technical delays or procedural lapses cannot defeat the purpose of interim maintenance to wife and minor child under Section 125 of Code of Criminal Procedure. Download Free Download Download Sharma said that interim maintenance under the provision in question is meant to provide immediate relief to a spouse…
The Bombay High Court has held that a Revisional Court, while exercising powers under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), ought to be mindful of the scope of the original proceeding before entertaining interim applications during the pendency of a Revision Application, and cannot grant interim relief allowing possession of a disputed structure in…
The Allahabad High Court has upheld an order dropping proceedings under Section 145 of the CrPC and held that if there is no likelihood of causing a breach of peace, the Magistrate would not be justified in exercising the power under Section 145. The applicant had approached the High Court challenging the validity of an…
If the authority vested in a public servant is misused for doing things which are not otherwise permitted under the law, such acts cannot claim the protection of Section 197 Cr.P.C. In the light of the principles laid down in the judgment referred supra, this Court has to analyse the materials on record. I have…
Affirming the expansive protective scope of the Domestic Violence Act, 2005, the High Court of Jammu & Kashmir and Ladakh has held that a woman aggrieved by domestic violence is entitled to seek residence or other reliefs under Sections 18 to 22 of the Act in any legal proceeding including enforcement proceedings under Section 488(3)…
Constitutional Provisions The Constitution of India not only protects women from exploitation and discrimination but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them. Following are constitutional privileges which are guaranteed to women in India for their…
Understanding the nuances of the Indian Penal Code (IPC) is pivotal for maintaining law and order within the country. Among the numerous sections, Section 356 CrPC stands out for its specific focus on the order for notifying the address of previously convicted offenders. Section 356 CrPC: Order for Notifying Address of Previously Convicted Offender 3…
In criminal justice systems worldwide, the rights and welfare of victims often take a backseat to the punishment of offenders. However, the Indian legal framework has evolved to address this imbalance, notably through Section 357 of the Criminal Procedure Code (CrPC). Section 357 CrPC: Order to Pay Compensation 4 This provision empowers courts to order…
The criminal justice system in India, like in many other jurisdictions, strives to balance the enforcement of law with the protection of individual rights. One critical provision ensuring this balance is Section 358 of the Code of Criminal Procedure (CrPC), which addresses compensation for individuals who are groundlessly arrested. Understanding Section 358 CrPC: Compensation to…
