Rajasthan High Court quashed an FIR filed by the police on directions from the CJM based on a complaint under Section 175, BNSS, calling it a “rubber-stamp decision making” and observing complete judicial oversight on part of the CJM. “Magistrates must also meticulously ascertain the truthfulness and credibility of the allegations, corroborating them with supporting material before taking action Criminal …
What impelled me to pen this article is the grievance voiced by some members of the Bar to the effect that on receiving “private complaints” all Magistrates are seeking the report of the Police before deciding to order investigation under Section 175 of the Bharatiya Nagrik Suraksha Sanhita, 2023. and Section 175 of BNSS by means of a tabular statement …
“Zero FIR” is a concept which has already been prevailing in Indian law without any statutory backing now for a considerable length of time. But, the important aspect of transferring the “Zero FIR” to the appropriate Jurisdictional Police station for re-registering a regular FIR and for urgent follow-up action etc., is not seen incorporated in Section 173 of BNSS. This …
My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …
The Kerala High Court last week ruled that an elector has a limited right to get impleaded in an election petition and that such right can only be exercised if all the relevant provisions under the Kerala Municipality Act are complied with. "When the returned candidate and the contesting candidates have not exercised their right to give evidence, as provided …
"Every new time will give its law" The need for production of a certificate under Section 65-B would arise when the electronic record is sought to be produced in evidence at the trial. Basheer & Ors is the authoritative law of the land on Section 65B of the said Act and therefore certificate required under Section 65B is a condition …
A Punjab and Haryana High Court bench comprising Justice S.K. Mittal and Justice Mahavir S. Chauhan has stayed the Haryana government’s notification issued on August 14 laying down minimum qualification criteria for the candidates to contest for the post of sarpanch, panch, member of block samiti and zila parishad.The Court stayed the operation of Section 175 of the Haryana Panchayati. …
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