cognizance order Archives

Allahabad HC refuses to quash proceedings under Section 69 BNS, holds allegations for sexual intercourse on false promise of marriage disclose prima facie offence

Section 69 of the Bharatiya Nyaya Sanhita, 2023 creates a distinct offence of sexual intercourse by deceitful means, including a false promise of marriage, and the allegations in the FIR disclose prima facie facts justifying continuation of the criminal proceedings.

Case Briefs High Courts

Criminal Breach of trust and cheating cannot stand together simultaneously at cognizance stage: Orissa High Court sets aside cognizance order

“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”

Case Briefs High Courts

Patna High Court: FIR noting ‘villagers assembled’ satisfies caste abuse taking place in public view

The victim after her marriage was being taunted for belonging to a particular community (Scheduled Caste).

Case Briefs High Courts

‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306

“The case unveils the kind of damage caused in the minds of young people due to societal pressure, particularly in this age where psyche of the society as a whole is dominated by internet and social media platforms. It is unfathomable that a highly educated young girl, who was pursuing her Ph.D in Electrical Engineering, could even thought of taking her own life.”