#BNSS

◾️ The conditions that can be imposed while granting anticipatory bail (Section 482 (2)

1. Person shall make himself available for interrogation by a police officer as and when required

2. Person shall not make directly or indirectly any inducement, Threat, or
Promise

👉 To any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

3. The person shall not leave India without the previous permission of the Court

4. Such other condition as may be imposed under Section 480 (3)

▪️ Exception to the grant of Anticipatory Bail (Section 482 (4)

👉 This Section shall not apply in cases where accusation is made under Section 65 (Punishment for rape in certain cases) and Section 70(2) (Gang Rape on a woman under 18 years of age) of BNSS.

#BNSS

◾️ Section 482 of BNSS: Section 482 of BNSS provides the direction for grant of bail to person apprehending arrest.

👉 This Section provides for a provision of pre arrest bail.

👉 This provision was earlier found under Section 438 of CrPC.

▪️ Important conditions and Forum (Section 482(1)

🔻Anticipatory bail can be applied
👉 When any person has a reason to believe that he may be arrested for committing a non-bailable offence

🔻 Forum where application can be made
👉 High Court or Court of Session

🔻Power of the Court
👉 The Court may direct that in the event of the arrest of the person he shall be released on bail.

Join 👉**** @JudiciaryUP

#Motivation
☘☘☘
**If four things are followed – having a great aim, acquiring knowledge, hard work, and perseverance – then anything can be achieved.

यदि चार बातों का पालन किया जाए – एक महान लक्ष्य बनाया जाए, ज्ञान अर्जित किया जाए, कड़ी मेहनत की जाए, और दृढ रहा जाए – तो कुछ भी हासिल किया जा सकता है।

Good Morning 🌺🌻*🌼*

उत्तर प्रदेश में फिर शुरू हुआ वकीलों का नामांकन, बार काउंसिल ने निर्धारित की ₹750 फीस – फॉर्म डाउनलोड करें

Join ?**** @JudiciaryUP

◼️ Rights of Victims of Fake Encounters:

▪️ The victims of the fake encounters have the right to bring the suit against the officials as per the following provisions:

▪️ Article 14 of the Constitution of India (COI): As per this Article 14, the State shall not deny equality to any person before law but due to encounter the right of the person to present himself and face the trial got waived.

▪️ Article 21 of Constitution Of India: Article 21 Ensures no one should be deprived of personal right and liberty, which also protects the person having a criminal history.

▪️ Article 22 of the Constitution Of India : Article 22 gives certain rights to an accused person presumed to be innocent until proven guilty.

▪️ Section 100 of BNS: Section 100 of BNS is also available against the officials to be convicted for the act of fake encounters.

Join ?**** @JudiciaryUP

◼️ Right to Be Forgotten Interpreted in India
▪️Current Status: India does not have a specific statutory framework for the right to be forgotten. However, the concept has been referenced in the context of privacy and digital rights.

▪️Judicial Recognition: The 2017 ruling in Justice K.S. Puttaswamy v. Union of India recognised the right to privacy as a fundamental right under the Constitution, which implicitly includes the right to be forgotten.

▪️ Digital Personal Data Protection Act, 2023: This Act recognizes the right to “erasure” but the application of these laws to court records and publicly available data remains unclear, with conflicting interpretations in the courts.

▪️ Information Technology Rules, 2021: Obligates intermediaries to remove or disable access to content violating privacy within 24 hours of a complaint.

Join ?**** @JudiciaryUP

#CrPC #CaseLaw

♟Case Laws releted to Section 156(3) of CrPC

◼️ Har prasad v. State of U.P (2006), the Supreme Court held that if the application under Section 156(3) CrPC. discloses the commission of cognizable offence and at the stage of Section 156(3) CrPC, which is the cognizable stage, once the cognizable offence is disclosed through an application, it was the duty of the concerned Court to order for registration and investigation of the offences, as crime detection and crime prevention are the foremost duty of the police and not of the Court.

◼️ Lalita Kumari v. Govt. of U.P (2014), the Supreme Court held that if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.

◼️ Priyanka Srivastava and Ors v. State of U.P. and Ors (2015), the Supreme Court held that a stage has come in this country where Section 156(3) Code of Criminal Procedure applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the Magistrate’s jurisdiction.
Join ?**** @JudiciaryUP

#CrPC

*◼️ Section 156(3) of CrPC:*

? Section 156(3) of CrPC states that a Magistrate who is empowered to take cognizance under Section 190 of Code may order investigation for the cognizable offence.

? An application under section 156(3) of CrPC discloses the cognizable offence, then it is the duty of the concerned Magistrate to direct registration of the FIR, which is to be investigated by the Investigation Agency, in accordance with law.

? If the information received does not disclose the commission of cognizable offence apparently, but indicates necessity for inquiry, the preliminary inquiry may be conducted in order to ascertain whether the cognizable offence is disclosed or not.

? Any judicial magistrate may order an investigation under Section 156(3) of CrPC before taking notice of the offence.

*▪️Essential Elements:*

? The power to order police investigation under Section 156 (3) is exercisable at the pre-cognizance stage.

? The power under Section 156 (3) can be invoked by the Magistrate before he takes cognizance of the offence.

? An order made under sub-section (3) of Section 156, is in the nature of a peremptory reminder or intimation to the police to exercise their plenary powers of investigation.

Join ?**** @JudiciaryUP

#Motivation
☘☘☘
**Do not stop trying just because perfection eludes you.

" बस इसलिए कोशिश करना मत छोड़िये क्योंकि परफेक्शन आप से बहुत दूर है।"

Good Morning ?*?*?