Legal Information by Sewadar Sunny Sachdeva

Legal Information by Sewadar Sunny Sachdeva

2/23/2025, 10:27:16 PM

Procedures of arrest or rights of arrested person Arrest of infirm or aged persons: Now, for offences punishable with imprisonment of less than 3 years, police cannot arrest a person who is infirm or above 60 years of age without obtaining the prior permission of an officer not below the rank of a DSP (Section. 35(7), BNSS). Information of arrest: Under the CrPC, the person arrested was entitled to name a friend or relative who must be informed by the police of the arrest, unless the arrest memo was attested by a family member as a witness (S.41-B, CrPC). The BNSS now provides that the person arrested can name ‘any’ person (and not necessarily a friend or relative) to be informed of his arrest (S.36, BNSS). Designated police officer: Under the CrPC, the State Government was required to establish control rooms at district and State level for information on arrested persons (S. 41-C, CrPC). Under the BNSS, in addition to such control rooms, State Governments are required to designate a police officer in every district and police station for maintaining information about persons arrested and their offences. This information is required to be displayed prominently (including in digital mode) in every district headquarter and police station (S.37, BNSS). Handcuffs: BNSS allows a police officer to use handcuffs while arresting a person or producing him before court if he is a habitual offender, or has escaped from custody, or has committed certain specified grave offence (e.g., murder, rape, terrorist act, etc.) (S. 43(3), BNSS). Medical Practitioner: Under the CrPC (S.53), only a police officer not below the rank of sub-inspector could have requested for a medical examination of the accused. Now, any police officer can request for such examination (S. 51, BNSS). It is also now mandatory for the medical practitioner to forward the examination report to the investigating officer without any delay (S. 51(3), BNSS), which was not expressly set out in the CrPC. Timeline for production before Magistrate upon arrest: Under the CrPC, a police officer who arrests a person without warrant is required to produce him before the ‘Magistrate having jurisdiction in the case’ within 24 hours and cannot detain him in custody for more than 24 hours without the Magistrate’s order. This period of 24 hours is exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. However, while the police may endeavour to produce the arrested person before the jurisdictional Magistrate, the police are also permitted to produce the arrested person before the nearest Magistrate (who need not be the jurisdictional Magistrate) to meet the 24 hours timeline. BNSS has now expressly clarified (in S.58) that the 24 hours will be exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court ‘whether having jurisdiction or not’.

Legal Information by Sewadar Sunny Sachdeva

2/24/2025, 2:23:10 AM

Mere failure to repay a loan would not become a criminal offence: Supreme Court of India https://ourlegalworld.com/mere-failure-to-repay-loan-would-not-become-criminal-offence-apex-cour/

Legal Information by Sewadar Sunny Sachdeva

2/24/2025, 2:18:16 AM

‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating “For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”... https://www.scconline.com/blog/post/2024/08/28/sc-breakdowns-key-differences-ingredients-criminal-breach-of-trust-and-cheating/

Legal Information by Sewadar Sunny Sachdeva

2/23/2025, 12:49:13 PM

Consumer Protection Act 2019 | State Commission Can't Dismiss Compliant For Non-Prosecution, Obliged To Give Decision On Merits: Kerala HC https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-state-consumer-disputes-redressal-commission-compliant-non-prosecution-283952 *Cause Title: SURESH NATHAN Vs THE STATE CONSUMER DISPUTE REDRESSAL COMMISSION & Ors.* *WP(C) NO. 2119 OF 2025* *Kerela High Court*

Legal Information by Sewadar Sunny Sachdeva

2/24/2025, 2:20:19 AM

Multiple reasons possible for marriage proposal not reaching desired end; SC quashes S. 417 case against man for lack of intention to cheat “To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.... https://www.scconline.com/blog/post/2024/02/28/supreme-court-quashes-s-417-case-against-man-for-lack-of-intention-to-cheat-legal-news/ *Case Name: [Raju Krishna Shedbalkar v. State of Karnataka, 2024 SCC OnLine SC 200, Order dated: 02-02-2024]*

Legal Information by Sewadar Sunny Sachdeva

2/24/2025, 4:29:33 AM

#Social Justice Context: Report by FICCI-KPMG Study reveals that by 2030 there is going to be gap between demand and supply of skilled labour. It will result into both challenge and opportunities, especially in three key geographies: Gulf, Australia and Europe. In general the more demand will be of health services in europe and construction related services in Gulf. And there will be demand of more and more AI skilled, IoT and predictive analysis , blockchain experts people. In such scenario, there will be rise of skilled labour mobility. GoI has initiated programme like : 1. Free trade agreement like joint India-UAE vision recognises the importance of skill cooperation. However, to capitalize on global demand, sector specific skill training, regulation over trafficking and exploitation, regulation of qualifications to ease workforce integration is required.

Legal Information by Sewadar Sunny Sachdeva

2/24/2025, 2:32:11 AM

Good Faith Applies To Both Parties Equally From Beginning Of Insurance Contract Till Its Completion & Even After It Has Ended: SC https://www.verdictum.in/court-updates/supreme-court/good-faith-applies-to-both-parties-equally-from-beginning-of-insurance-contract-l-1488861 *Cause Title: M/S. Isnar Aqua Farms v United India Insurance Co. Ltd. (2023 INSC 680)*

Legal Information by Sewadar Sunny Sachdeva

2/23/2025, 10:15:22 PM

#Physical Presence Not Necessary In #Domestic Violence Act Proceedings : Supreme Court Quashes Magistrate's Order To Extradite Husband From US Based on this, the Court concluded that the present case is of irretrievable breakdown of marriage. As far as alimony is considered, the Court relied upon several cases including Parvin Kumar Jain v. Anju Jain, to highlight a list of factors while deciding the same. After scrutinising everything, the Court directed the appellant to pay Rs. 25 Lakhs as a one-time settlement for alimony. Thus, while quashing the impugned judgment, the Court also passed a direction that all the criminal cases and civil cases pending between the respondent and the appellant shall stand closed. *Case Name: VISHAL SHAH v. MONALISHA GUPTA & ORS., Arising out of SLP(Crl.) No(s). 4297 of 2023* *Citation : 2025 LiveLaw (SC) 240*

Legal Information by Sewadar Sunny Sachdeva

2/23/2025, 11:22:37 AM

Husband's Passport Cannot Be Impounded Merely Because Wife Filed Many Cases Against Him: Supreme Court https://www.verdictum.in/court-updates/supreme-court/abc-v-xyz-2025-insc-254-husband-passport-impounded-1568993 *Cause Title- ABC v. XYZ (Neutral Citation: 2025 INSC 254)*