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Dear Client,
Section 469(1)(b) in the Code of Criminal Procedure (Cr.PC) deals with the counting of the limitation period for starting criminal offenses, specifying that if the commission of offenses or the offender's identity isn't known, the limitation starts from the first day of such offense or offender's identity comes to the knowledge of the aggrieved person/complainant or any police officer, whichever is earlier. Let the subject be understood from a few courts decisions clarifying the ap

Dear Client,
From the contents of your query, it appears that you become a victim of misleading advertisement as defined under Section 2(28) of the Consumer Protection Act,2019 which defines misleading advertisement and reproduced hereunder "misleading advertisement" in relation to any product or service, means an advertisement, which (i) falsely describes such product or service; or (ii) gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or

Dear Client,
The Hindu Marriage Act, 1955, states that both parties should not have a living spouse at the time of the second marriage. The act specifies that neither party should be legally married, and both parties must end their previous marriage to remarry, failing which spouse shall face criminal prosecution for bigamy under Sections 494/495 of the IPC (Sections 82(1) & 82(2) of BNS) that attracts a punishment of imprisonment for seven years or more, depending on the crime. In some cases,

Dear Client,
Any person or entity/establishment who feels their reputation has been damaged by defamatory statements can sue for defamation under Section 356 of the Bharatiya Nyaya Sanhita(BNS), 2023, which replaced Section 499 of IPC. The grounds for a defamation case include 1) A defamatory statement that has been made against a person or an entity/establishment, either written (libel) or spoken (slander), and 2) the statement was published or communicated to a third party. 3) The statement c

Dear Client,
Delay in a trial amounts to a delay in Justice. Delay in delivering justice has the same effect as denial of justice. The right to a speedy trial is recognized as a fundamental right guaranteed by the Indian Constitution and is closely tied to the right to life and personal liberty under Article 21 of the Constitution of India as held by the Hon'ble Supreme Court in the case of Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979). Further, in the case of Katar Singh v

Dear Client,
Once a name entered in the Police General Diary (GD) or a First Information Report (FIR), cannot be physically removed or edited by the police as it is a permanent record. To remove an entry from a police general diary in Uttar Pradesh after an acquittal, you must obtain a certified copy of the court's acquittal order and submit it to the relevant police authorities with a formal application. With the help of your lawyer, you can submit a formal application to the local police sta

Dear Client,
Section 498A of the Indian Penal Code is a non-bailable, cognizable and not a compoundable offense, meaning it cannot be settled by a mutual agreement between the parties once an FIR/complaint is lodged. However, Section 482 Cr. PC grants inherent powers to the High Courts to ensure the administration of justice and allows courts to quash criminal proceedings that are an abuse of the process of law, particularly when the allegations do not constitute an offense on their face of rec

Dear Client,
Delay in a trial amounts to a delay in Justice. Delay in delivering justice has the same effect as denial of justice. The right to a speedy trial is recognized as a fundamental right guaranteed by the Indian Constitution and is closely tied to the right to life and personal liberty under Article 21 of the Constitution of India as held by the Hon'ble Supreme Court in the case of Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar (1979). Further, in the case of Katar Singh v

Dear Client,
In the stated scenario, an aggrieved woman can file multiple cases against a person who cheated her with false promises of marriage if she can prove those allegations in Court. Once an FIR is filed by an aggrieved woman under Section 69 of the Bharatiya Nyaya Sanhita (BNS) (corresponding to Section 375 of the Indian Penal Code (IPC), which defines rape), the police start an investigation into the alleged sexual intercourse obtained through deceitful means or false promises of marri

Dear Client,
To address or resolve a false complaint or false allegation filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973(now Sec.528 of BNSS). The Section 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated under that complaint/FIR before the trial Court against a person. It is essential to prove before the court that the complaint/FIR or criminal suit was lo