Code of Criminal Procedure blog
Plain-language explanations of Supreme Court of India judgments tagged Code of Criminal Procedure on NyaSis.
Family & Property
Who Owns Stridhan: the Wife or the Husband?
In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held stridhan belongs absolutely to the wife; refusing to return it is criminal breach of trust.
11 min read
Criminal Law
Medical Complication vs Criminal Negligence?
In Jacob Mathew v. State of Punjab (2005), the Supreme Court held that death alone does not make a doctor a criminal; only gross recklessness applies.
10 min read
Business & Tax
Can a Non-Executive Director Face Cheque Bounce?
Can a non-executive director be named in a Section 138 case? S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla (2005) holds that mere office is not enough.
10 min read
Family & Property
Can a Live-In Partner Claim Maintenance?
Can a live-in partner claim maintenance like a wife? The Supreme Court in Chanmuniya v. Virendra Kumar Singh Kushwaha (2010) guides Section 125 CrPC.
11 min read
Family & Property
Can a Deceived Second Wife Claim Maintenance?
A second wife duped by concealment of a subsisting first marriage can claim maintenance under Section 125 CrPC (Badshah v. Urmila Badshah Goose 2013).
10 min read
Criminal Law
Can Police Refuse to Register Your FIR?
FIR refused or delayed? In Lalita Kumari v. Govt. of U.P. (2013), Supreme Court held Section 154 CrPC registration is mandatory for cognizable offences.
11 min read
Criminal Law
Can Police Arrest Instantly on a 498A Complaint?
After a 498A complaint, can police arrest at once? Arnesh Kumar v. State of Bihar (2014) bars automatic arrest; police must justify it in writing.
10 min read
Criminal Law
Can You Be Suspended for Years Without Charges?
Can a government employee stay suspended for years with no charge memo? Ajay Kumar Choudhary v. Union of India (2015): not beyond 3 months without one.
12 min read
Business & Tax
Can a Cheque Bounce Case Close Without Consent?
Accused ready to pay but complainant refuses? Meters and Instruments v. Kanchan Mehta (2017) lets a court close a Section 138 case after full payment.
11 min read
Family & Property
How Do Courts Calculate Maintenance in Divorce?
How is maintenance calculated in a divorce in India? Rajnesh v. Neha (2020) gives the Supreme Court rule on quantum, income disclosure and the start date.
14 min read
Criminal Law
Must Police Stations Have CCTV With Audio?
Must police stations have CCTV with audio? In Paramvir Singh Saini v. Baljit Singh (2020), the Supreme Court ordered night-vision audio-video cameras.
9 min read
Criminal Law
Does Anticipatory Bail Expire Before Trial Ends?
Does anticipatory bail expire in months? In Sushila Aggarwal v. State (NCT of Delhi), the Supreme Court held it can normally last till the end of trial.
9 min read
Criminal Law
Do You Get Bail if Police File Without Arrest?
Never arrested during the investigation? In Satender Kumar Antil v. CBI (2022), the Supreme Court says a chargesheet alone should not send you to jail.
10 min read
Criminal Law
Can Distant Relatives Be Named in a Dowry 498A Case?
Can distant relatives be named in a 498A FIR without any proof? Kahkashan Kausar v. State of Bihar (2022) quashes omnibus allegations against in-laws.
10 min read
Family & Property
Can a Divorced Muslim Woman Claim Maintenance?
Can a divorced Muslim woman claim maintenance after iddat? Yes. Mohd. Abdul Samad v. The State of Telangana (2024): Section 125 CrPC stays open to her.
11 min read
Family & Property
Can a Jobless Husband Refuse to Pay Maintenance?
Can a husband dodge maintenance because his party plot closed? Anju Garg v. Deepak Kumar Garg (2022) says he must still earn and maintain his wife.
7 min read