Therefore, the procedural drill would be this way: A complaint is presented before the Magistrate under Section 223 of the BNSS; on presentation of the complaint, it would be the duty of the Magistrate/concerned Court to examine the complainant on
Law Web
Law Web publishes detailed revision guides and notes primarily aimed at LLM students, covering a variety of legal topics including public utility laws, juvenile delinquency and justice systems, human rights issues such as torture and discrimination, and international conventions like CEDAW. The blog also addresses key Supreme Court rulings and recommendations from human rights organizations relevant to Indian law. Its content focuses on foundational legal concepts, statutory frameworks, case law summaries, and policy critiques, providing concise, exam-oriented material for advanced legal studies.
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Allahabad HC: The court must issue notice to accused at pre-cognizance stage as per S 223 of BNSS in the case of Drugs and Cosmetics Act
By Law Web
A close look of the summoning order would reveal that there is no recital about the fact whether the applicants have been put to notice at the pre-cognizance stage or not. In Prateek Agarwal (supra), the following was observed.-“8.…
Allahabad HC set aside a summoning order passed by the Special Judge under the SC/ST Act because no opportunity of hearing was given under Section 223(1) BNSS
By Law Web
It is further contended that as per proviso of Section 223(1) of BNSS-2023, no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard but he has failed to do so. …
The Secret Files: How a Supreme Court Ruling in the case of P. Ponnusamy Vs. The State of Tamil Nadu is Changing the "Fair Trial" Game in India?
By Law Web
What if the evidence that could prove your innocence is sitting in a police locker, but the prosecutor isn’t required to show it to you? In the high-stakes arena of criminal justice, the “might of the state’s police machinery” often…
Supreme Court: What are limitations on right of accused to seek documents at appellate stage?
By Law Web
As stated earlier, the requirement of disclosure elaborated on in Manoj, not only was premised on the formulation of draft rules, but normatively premised on the ratio of the three-judge bench decision in Manu Sharma (supra). In these circumstances, the …
From Accused to Approver: How to Weigh Turncoat Testimony after State of Tamil Nadu v. Ponnusamy & Ors.
By Law Web
The Supreme Court’s treatment of PW12 (the approver) in State of Tamil Nadu v. Ponnusamy & Ors. dated May 19, 2026, citation: 2026 INSC 507 substantially refines how trial courts should appreciate approver evidence in a modern conspiracy-cum-murder trial. The judgment both re‑affirms…
Supreme Court: What is evidentiary value of re-enactment of crime scene or demonstration panchnama?
By Law Web
In the present case, the police conducted an exercise of re-enactment or demonstration of the crime scene by involving the accused persons. A crime scene re-enactment is a technique which is gaining prominence in the investigation of heinous offences. On its own, a …
Supreme Court: Crime Scene Re-Enactment Won’t Violate Right Against Self Incrimination In All Situations
By Law Web
As far as the evidence related to CCTV footage and gait analysis report is concerned, there are two aspects which require discussion – first, whether re-enactment of a crime scene by the accused amounts to personally incriminating testimony barred by Article 20(3) …
Supreme Court: Whether the court can rely on recovery of object from open space if object recovered was not concealed?
By Law Web
Now we come to the recoveries made allegedly with the aid of the accused. The dead body was found in a field, an open space with free access to anybody. The stone and glass piece are said to have been recovered …
Supreme Court: Extra Judicial confession of Accused Absolving Himself & Incriminating Co-Accused Not Reliable
By Law Web
PW3 on the other hand speaks not of a confession but an exculpatory statement made by A1 that it was A2 and A3 who killed the deceased. PW12 and PW14, two other witnesses who spoke of the extra-judicial confession …