Section 69 BNS: When Does a “False Promise of Marriage” Become a Crime and When Is It Just a Failed Relationship?

A relationship ends. Feelings turn bitter. And then, months or even years later, a First Information Report arrives recasting what was once a consensual relationship as a criminal deception. This is one of the most common patterns I encounter in criminal practice, and it sits at the heart of Section 69 of the Bharatiya Nyaya
Read More

Circumstances under which the New Criminal Law (BNS, BNSS) would not apply

The new criminal law — the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) — does not apply retrospectively to every criminal matter; several categories of cases begun under the old Cr.P.C. and IPC continue to be governed by that earlier law. The recent transition from the Code of Criminal Procedure (Cr.P.C.) to
Read More

When Not to File Criminal Charges: Understanding Cheating /Fraud (Section 420 of IPC now 318 of BNS) Vs. Criminal Breach of Trust (Section 406 of IPC now 316 of BNS)

Knowing the difference between cheating vs criminal breach of trust is essential before deciding which criminal charge to file. The two offences under the IPC (now the BNS) rest on very different facts and carry different consequences for a wrongly filed complaint. The Indian Penal Code (IPC) now known as The BNS is a cornerstone
Read More

Service of Legal Notice via electronic mode i.e. WhatsApp and E-mail etc valid or not?

Serving a legal notice via WhatsApp or e-mail is now recognised as valid service by Indian courts, provided delivery and receipt can be shown, marking a major shift away from slower physical modes of service. Historically, serving notices involved physical delivery—an approach fraught with delays and opportunities for evasion. However, recent advancements in technology, combined
Read More

Criminal Profiling is a scientific method of creating data base of offenders

What Is Criminal Profiling? Criminal profiling is a scientific, evidence-based method used by investigators to build a data-driven picture of an unknown offender’s likely characteristics from crime scene evidence and behavioural patterns. Criminal Profiling is one of the investigation tool which is used by the investigation team to find out the perpetrator of crime. Today
Read More

Search and seizure V/s right to Privacy in age of digital world A need to achieve balance between state and individual interest

Abstract Right to privacy vs search and seizure is the tension at the heart of digital-age criminal investigation: how far can the State go in accessing a person’s phone or computer before it violates a constitutional right? After the judgment of Justice KS Puttaswamy (Retd.) and Anr. Vs. Union of India and Ors Right to
Read More