Supreme Court to Decide If Live-In Partner Can Be Prosecuted Under Section 498A IPC & Bharatiya Nyaya Sanhita In a significant development with far-reaching implications for criminal and matrimonial law, the Supreme Court of India has stepped in to examine whether a man in a live-in relationship —described legally as a “relationship in the nature of marriage”—can be prosecuted for cruelty under Section 498A IPC or its equivalent provision under the Bharatiya Nyaya Sanhita (BNS) . A Bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh has stayed further proceedings in the matter while framing the core legal issue for authoritative determination. 🔎 Background of the Case The matter arose from a complaint filed by a woman alleging: Cruelty and physical harassment Dowry demands Attempt to burn her Abuse during a live-in relationship The accused, who reportedly had a subsisting marriage, approached the Karnataka High Court seeking quashing of the case, arg...
Delhi High Court Orders Criminal Complaint in Fortis–Walmark Arbitration Dispute The Delhi High Court has reaffirmed that no prior hearing is mandatory under Section 340 CrPC (now Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ) before directing the filing of a criminal complaint. In a major development, Justice Amit Bansal ordered prosecution in the Fortis Healthcare v. Walmark Holdings dispute after finding that Walmark relied on an allegedly forged term sheet to seek interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 . 🔍 The Court held that: The disputed term sheet was never executed by Fortis It did not bear the authentic signature of Fortis’s then CEO Walmark officials were aware of this fact while approaching the Court Relying on Pritish v. State of Maharashtra (2002) , the Court reiterated that Section 340 CrPC does not require a preliminary inquiry or hearing of the accused before filing a complaint. 📄 The Registr...