Get Free Legal Advice from Top Expert Lawyers

Dear Client,
The primary objective of the criminal justice system is to ensure public safety. In the given scenario, you can report the repeated assault or abuse by the mentally unstable and aggressive person to the police who then take the harmful person into custody for a mental health evaluation. If the mental health professional, post-evaluation of the person, may recommend for shifting to a psychiatric hospital for treatment instead of being charged with a crime. In some jurisdictions, sp

Dear Client,
The police cannot legally send a notice of appearance through WhatsApp, even in a Non-Cognizable Report (NCR). The Supreme Court, in the case of Satender Kumar Antil v. CBI, has clarified and directed all states and union territories to issue standing orders mandating that police should not serve notices under Section 41A of the CrPC (now replaced by Section 35 of BNSS) through electronic modes like WhatsApp or email and serve notices only through the modes prescribed under Chapter

Dear Client,
Under Section 12 of the Protection of Women from Domestic Violence Act, 2005(PWDV), any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence that includes harassment of physical, sexual, verbal, emotional, or economical, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person

Dear Client,
In the given scenario, you have to apply before the same court that passed the order for renewal of passport praying for an order for renewal of passport for travelling abroad. A person accused of a criminal offences and whose case is pending for trial before the Court may potentially affect and impact the processing of the passport/visa. The specific impact will depend on the nature of the crime, the country to which the individual is applying for a visa, and the immigration laws o

Dear Client,
Under Section 126(1) BNSS, if an Executive Magistrate receives information about a person likely to commit a breach of the peace, they can require the person to show cause why they should not be ordered to execute a bond to keep the peace for up to a year. If the person fails to show cause, or if the Magistrate is satisfied there are sufficient grounds, they will order the person to execute the bond. If a person fails to furnish the bond, he Magistrate shall hold an inquiry into th

Dear Client,
Witchcraft/Black magic and other superstitious offenses violate the fundamental rights guaranteed by Articles 14, 15, and 21 of the Indian Constitution. While about black magic or witchcraft, such things cannot be proved in the court as there is no substantial proof, and these things are not entertained by the court. Other than the states of Maharashtra and Karnataka, in the rest of the states/union territories, there is no special legislation to deal with the practice of black magi

Dear Client,
The offences involving moral turpitude may render a candidate ineligible for government jobs. If a criminal case is pending in court but guilt is not yet proven, some departments may still consider the candidate. However, the appointment is often conditional upon a favorable court verdict. If the court acquitted the candidate or declared them not guilty, it works in their favour. The candidate must provide evidence that their record is now clean to be considered for the job. Howeve

Dear Sir,
If you suspect future quarrel/conspiracy, you can give a written complaint to the local police station or SDM asking them to take preventive action.

Police/SDM can initiate proceedings under Sec. 107 CrPC (security for keeping peace) against that person.

This is not punishment, but a bond to keep peace — very effective in preventing fights.

Dear Client,
According to Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, all the pending investigations, inquiries, or trials initiated under the Criminal Procedure Code( Cr PC) before the BNSS came into force from July 1, 2024, shall be continued and disposed of in accordance with the provisions of the CrPC. Therefore, submission of a challan under BNSS for an investigation which was already under trial of the Court before the effective date of BNSS could be held pro

Dear Client,
Chapter-V of Bharatiya Nyaya Sanhita (BNS), 2023 criminilises acts such as rape, voyeurism, stalking and insulting the modesty of a woman. It also criminalises sexual intercourse with a woman by deceitful means or making false promises. So, a victim of sexual and physical abuse has the following legal remedies to access justice under Bharatiya Nyaya Sanhita (BNS) that provides for criminal prosecution of the perpetrator. A victim can file an FIR under Section 69 of the Bharatiya N