LatestLaws

  In a recent and detailed ruling, the Madras High Court has clarified the scope of Section 245 of the Code of Criminal Procedure (CrPC), 1973 , particularly the Magistrate’s power to discharge an accused under Section 245(2) . The case offers an important judicial interpretation on when discharge can take place in warrant cases initiated otherwise than on a police report. This blog walks through the legal background, the key takeaways from the judgment, and its implications. Understanding Section 245 CrPC Section 245 deals with the discharge of the accused in warrant cases based on private complaints . It contains two key provisions: Section 245(1) mandates discharge after recording evidence , if the Magistrate concludes that no case is made out that would warrant conviction. Section 245(2) provides discretionary power to the Magistrate to discharge the accused at any previous stage of the case , if the charge appears to be groundless. While the language of Section 245(2) is br...

  The Bharatiya Nyaya Sanhita (BNS), 2023 , is India’s modern criminal code, replacing the colonial-era Indian Penal Code (IPC) of 1860. One of the fundamental offenses in criminal law is “hurt” , now codified under Section 115 of the BNS . This section deals with the offense of voluntarily causing hurt , which was earlier covered under Section 321 of the IPC . Let us break down the provision for better understanding, especially from a student and legal aspirant’s perspective. Definition under Section 115(1), BNS: What is “Voluntarily Causing Hurt”? Section 115(1) of BNS, 2023 states: “Whoever voluntarily causes hurt shall be punished as per the provisions of this section.” But what exactly is “hurt”? As per Clause 2(1)(o) of the BNS , the term “hurt” means causing bodily pain, disease, or infirmity to any person. The term “voluntarily” implies that the act was done with intention or with knowledge that such an act is likely to cause hurt. In simple terms, if person A slaps pe...