Wife Filed an FIR in BNS91-313IPC

Dear Client,
The Court does not automatically arrest the accused upon the filing of the chargesheet, especially if they haven't been arrested during the investigation. After a chargesheet is filed, the magistrate reviews it and decides whether to admit it and proceed with the trial. On acceptance of the chargesheet, the magistrate issues a summons to the accused requiring him to appear before the court. An arrest warrant is issued only if the accused fails to appear after being summoned or if there's a reasonable belief that the accused might abscond or interfere with the investigation. The Hon'ble Supreme Court in the case of Siddharth vs State of UP observed that, while accepting a charge-sheet, the Magistrate or the Court is required to invariably issue a process of summons and not a warrant of arrest. The word 'custody” appearing in Section 170 of the CrPC does not contemplate either police or judicial custody, but it merely connotes the presentation of the accused by the Investigating Officer before the court while filing the chargesheet." If a person has not even been arrested during the investigation, merely because a charge sheet has been filed, an arrest would be contrary to the governing principles for the grant of bail. Before an arrest is made, anticipatory bail can be obtained under Section 438 of the Cr. PC (replaced by Section 482 of BNSS) by approaching the Court of Session. You can seek its quashing through a petition before the High Court under Section 482 of the Cr. PC(replaced by Section 528 of the BNSS). Section 91 of the Bharatiya Nyaya Sanhita (BNS) deals with offenses related to preventing a child from being born alive or causing its death after birth. Section 313 of the IPC deals with offenses related to being a member of a gang that habitually commits theft or robbery. Section 91 of BNS requires proof that the act was done with the specific intent to prevent the child from being born alive or to cause its death. A consultation letter may indicate a discussion about abortion, but it doesn't automatically prove the intent was to prevent the child's birth or cause its death. While a doctor's consultation letter can be relevant, it's not sufficient on its own to prove an FIR under Section 91 of the BNS. Other evidence, like Medical records, Witness statements, and Forensic reports, may be required to establish the intent and the resulting harm. Considering the complexity of the case, it is advisable to consult with an expert professional for tailored advice and actions to access justice in the matter.