Complaint Case changes in BNSS

Object Behind 190
“The object (of Section 190 Cr.P.C.) is to ensure the safety of a citizen against the vagaries of the Police by giving him the right to approach the Magistrates 
directly if the Police does not take action or he has reason to believe that no such action will be taken by the Police.”

1. Earlier there were 2 ways of setting criminal law into motion by giving information by way of FIR to SHO or by complaint to magistrate.

2. Both were independent ways.

3. Magistrate in case of 'cognizable offence' could forward the complaint to SHO (instead of 202) w/o taking cognizance. R. R. Chari v. State of U.P. AIR 1951), 3 judge

4. Changes in BNSS
Now Directly a person cannot approach magistrate, he must first approach SHO 173(1) {FIR} ----> then if failed S.P. 173(4) ----> then if he fails go to magistrate.
[Person cannot straightaway seek from the Magistrate an order for investigation by the Police]

5. Magistrate then has to do the following before ordering investigation—
a. Peruse the application given to S.P. and supported by affidavit
b. Made an inquiry
c. Consider the submissions made by police officer.

🤔 Question Can now Magistrate on suo motu powers order the investigation?

✓ Not answered but earlier the law was—
Priyanka Srivastava v. State of U.P. AIR 2015
insisted on an affidavit by the party seeking from the Magistrate an order for police investigation. Even without any such affidavit the Magistrate could suo motu order police investigation under Section 156 (3) Cr.P.C.

However currently there is no clarity.

My Questions from you all.
1. Can magistrate order investigation under non cognizable offences in 156(3)/175(3)

2. Without going to Police station for cognizable offence can you approach magistrate?

3. How magistrate in practical scenerio does inquiry as mentioned above or an inquiry under section 202

📑 Homework—
Read 156 CrPC and 175 BNSS carefully and take out essentials of new law.

@CurrentLegalGK

Live TV coverage put national security in jeopardy, says Bench - The Hindu
https://www.thehindu.com/news/national/live-tv-coverage-put-national-security-in-jeopardy-says-bench/article3836676.ece

26/11

Media Trial - 19(1)(a) and security of state.

Media if considered as 4th estate of democracy has to be criticised proportionally as other organs because it is responsible for the dissemination of information for all the other 3 and overall country, the ultimate task being link between people to people and institutions.

Constructive criticism in Today's social media era is must to remind journalistic ethics.

Read the above article.

@CurrentLegalGK

CJI Sanjiv Khanna Stresses Importance Of Judiciary Being Open To Scrutiny & Constructive Feedback
https://www.livelaw.in/top-stories/cji-sanjiv-khanna-stresses-importance-of-judiciary-being-open-to-scrutiny-constructive-feedback-276407

“As judges, perspectives and critique matter, because our foremost duty is towards the public and secondly being open and transparent is the biggest strength of the judiciary. As adjudicators, we eschew any sense of being beyond reproach. In being responsive to constructive feedback, our courts become more efficient, citizens and public centric, and accountable. By opening ourselves to scrutiny, we can identify systematic inefficiencies and bottlenecks and work towards eliminating them”, CJI Khanna said.

Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court
https://www.livelaw.in/supreme-court/born-christian-cant-invoke-doctrine-of-caste-eclipse-for-revival-of-caste-claiming-reconversion-as-hindu-supreme-court-276508

🌟 Age of a person can be ascertained by the following forensic tests.

ossification teeth, rarefaction of bones, haversion, roof of cranium.

#forensic
@CurrentLegalGK

Doctrine of caste eclipse

It applies only when a person practising caste-based religion converts to caste-less religion.

In such cases, their original caste is considered to remain eclipsed.

However, if the such persons reconverts to their original religion during their lifetime, the eclipse is lifted, and the caste status is automatically restored.

This however will not apply to a born Christian.

In S. Rajagopal v. C.M. Armugam (1968), it was noted that Christianity does not recognize caste distinctions, treating all followers as equals. Globally, Christianity rejects caste-based discrimination or division. The court held that when a person converts from Hinduism to Christianity, their caste under Hinduism remains in eclipse and can be restored upon reconversion to Hinduism, provided they are accepted by their caste community. However, this restoration is not possible for someone born a Christian who later converts to Hinduism.


Kailash Sonkar v. Maya Devi ((1984)
However, where it appears that the person reconverted to the old religion had been converted to Christianity since several generations, it may be difficult to apply the doctrine of eclipse to the revival of caste.'

@CurrentLegalGK

new criminal law manuptra reference

bns bnss bsa

index of sections
schedule table
compoundable table
new terms explained
singificant changes
✓only important sections comparison number changes

Women commanding officers not empathic, follow 'my way or highway’ approach: Top general flags 'problems' with female army officers
https://www.deccanherald.com//india/women-commanding-officers-not-empathic-follow-my-way-or-highway-approach-top-general-flags-problems-with-female-army-officers-3292456

Lieutenant General Rajeev Puri in a letter to the Eastern Army Commander Lieutenant General Ram Chander Tiwari sought the focus to shift to “gender neutrality” instead of “gender equality” as he pointed out that there has been an increase in number of officer management issues in units commanded by women officers in the last one year.


What does he mean by this? can you explain 😉
@CurrentLegalGK

Sports Governance: A Case Of Apathy, Lethargy And Unbridled Corruption
https://www.livelaw.in/articles/sports-governance-case-apathy-lethargy-unbridled-corruption-276632

Sir Benegal Narsing Rau- An Anniversary Tribute
https://www.livelaw.in/articles/benegal-narsing-rau-indian-constitution-70th-memorial-anniversary-tribute-243343

The Constitution Framers - Constitution of India

All constituent assembly members brief history

https://www.constitutionofindia.net/the-constitution-framers/

Constituent assembly debates
@CurrentLegalGK

Previously in November 1948, Professor KT Shah had moved an amendment to Article 1(1) of the Constitution. Shah had suggested that "India, that is Bharat, shall be a Secular, Federalist, Socialist Union of States".

HV Kamath presciently saying that the words "secular" and "socialist" should "find a place, if at all, only in the Preamble"

For Secularism meaning
For socialism Meaning

Case— Balram Singh v. Union of India, Citation : 2024 LiveLaw (SC) 917

Credits- Abhishek Pandey
@CurrentLegalGK

S. 306 IPC | Simple Refusal To Marry Not Abetment To Suicide : Supreme Court
https://www.livelaw.in/supreme-court/s-306-ipc-simple-refusal-to-marry-not-abetment-to-suicide-supreme-court-276771

“we find that the accused-appellant had simply refused to marry the deceased and thus, even assuming there was love between the parties, it is only a case of broken relationship which by itself would not amount to abetment to suicide. The accused-appellant had not provoked the deceased in any manner to kill herself; rather the deceased herself carried poison in a bottle from her village while going to Kakati, Karnataka with a predetermined mind to positively get an affirmation from the accused-appellant to marry her, failing which she would commit suicide. Therefore, in such a situation simply because the accused-appellant refused to marry her, would not be a case of instigating, inciting or provoking the deceased to commit suicide.”, the judgment authored by Justice Mithal said.
“Even assuming, though there is no evidence that the accused-appellant promised to marry the deceased, that there was such a promise, it is again a simple case of a broken relationship for which there is a different cause of action, but not prosecution or conviction for an offence under Section 306, specially in the facts and circumstances of the case where no guilty intention or mens rea on the part of the accused-appellant had been established.”, the court held.

KAMARUDDIN DASTAGIR SANADI v. STATE OF KARNATAKA 2024

Common query/fear of a Men/women in a relationship.(GF/BF 🙂)

@CurrentLegalGK

🌟🌟🌟
Now that Socialism Secularism is in limelight.

3 Fundamental Questions that can be asked— Try to Answer them here itself

1. Why Fundamental Duties were not added in the original Constitution.

2. Illustrate the difference between Unity and Integrity words in preamble.

3. Can parliament remove any Key word from preamble?

#Question@CurrentLegalGK

Australia world's first country to ban social media for children under 16
https://timesofindia.indiatimes.com/technology/social/australia-worlds-first-country-to-ban-social-media-for-children-under-16/articleshow/115793785.cms