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Search Results for "BNS"

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High Court

Madras High Court Allows Undertrial Prisoner to Vote via Postal Ballot in Assembly Elections — Right to Vote Not Extinguished by Detention. Section 62(5) of Representation of the People Act, 1951 does not apply to undertrials; court directs Election Commission to facilitate postal ballot.

22 Apr 2026

The petitioner, Hari Nadar, an undertrial prisoner confined in Central Prison, Puzhal, Chennai, filed a writ petition under Article 226 of the Constit...

High Court

High Court of Karnataka Dismisses Accused's Petition in Murder Case Under BNS, Upholding Remand Order Despite Delay in Production. Delay of 25 Minutes in Producing Accused Before Magistrate Does Not Vitiate Remand as Grounds for Arrest Were Furnished and Investigation Ongoing, Citing Article 22(2) of Constitution and D.K. Basu Precedent.

13 Mar 2026

The dispute arose from a criminal petition filed by the petitioner, accused No.2, challenging a remand order dated 26-05-2025 and seeking his release ...

High Court

Gujarat High Court Allows Revision and Discharges Accused in Attempt to Commit Culpable Homicide Case — No Prima Facie Case Under Section 308 IPC as Ingredients of Section 307 Not Met. Court held that for an offence under Section 308 IPC, the prosecution must establish that the act was done with the intention or knowledge to cause death or such bodily injury as is likely to cause death, and mere rash or negligent act is insufficient.

3 Mar 2026

The applicant, Kalpeshbhai Shamatbhai Kavaad, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Pr...

High Court

Gujarat High Court Quashes Detention Order Under PASA Act for Lack of Material Showing Disturbance to Public Order. Preventive detention based on prohibition offences set aside as no evidence of threat to public order or tranquility.

16 Jan 2026

The petitioner, Rajubhai Aalabhai Kodiyatar, filed a Special Criminal Application before the Gujarat High Court apprehending detention under the Gujar...

High Court

Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Unexplained Delay. Failure to Consider Bail Order and Supply Documents Violates Right to Representation.

20 Sep 2025

The petitioner, Vishal Manik Dambe, challenged a preventive detention order dated 11th May 2025 passed by the District Magistrate, Beed under Section ...

High Court

Bombay High Court Grants Pre-Arrest Bail to Applicant in Cheating and Forgery Case — Investigation Complete, No Custodial Interrogation Required. Pre-arrest bail allowed under Section 438 CrPC for offences under Sections 246, 318, 337, 339, 340 BNS as investigation complete and applicant cooperated.

16 Sep 2025

The applicant, Haribhau Dnyandev Chemte, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking pre-arrest bail in co...

High Court

Karnataka High Court Allows Habeas Corpus Petition, Quashes Preventive Detention Order for Non-Application of Mind and Procedural Lapses. The court held that the detaining authority failed to consider relevant material and that delay in considering representation violated Article 22(5) of the Constitution.

26 Jun 2025

The petitioner, Smt. Roopa, wife of the detenue Bharath Kumar, filed a Habeas Corpus petition under Article 226 of the Constitution of India challengi...

High Court

High Court of Karnataka Grants Bail to Accused in Robbery and Extortion Case Due to Parity and Lack of Criminal Antecedents. Petitioners/accused Nos. 3 and 4 were granted bail under Section 483 BNSS / Section 439 CrPC for offences under Sections 310(2), 311, 238, 312 of BNS 2023, as co-accused were already enlarged on bail.

29 Apr 2025

The High Court of Karnataka, Dharwad Bench, heard two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and ...

High Court

High Court of Karnataka Grants Bail to Accused in Robbery and Extortion Case Under BNS 2023 — Prima Facie Case Not Made Out Against Accused Nos. 3 and 4. Court held that mere presence at the scene without specific overt acts does not justify denial of bail under Sections 310(2), 311, 238, 312 of Bharatiya Nyaya Sanhita, 2023.

29 Apr 2025

The judgment pertains to two criminal petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 439 of the Code o...

High Court

High Court of Karnataka Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Criminal Proceedings Initiated Without Prima Facie Case Under Sections 316, 318, 336, 340 BNS, 2023. Breach of Contract Does Not Automatically Constitute Criminal Offence; Criminal Law Cannot Be Used as a Tool for Recovery of Civil Dues.

17 Mar 2025

The petitioners, who were accused Nos. 1 and 2, filed a writ petition under Articles 226 and 227 of the Constitution of India and Section 528 of the B...

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