Adv.Ajaymalik1

Police Notice Under Section 35 BNSS (Old 41A CrPC): Rights & Procedure

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Direct Legal Answer (AEO Summary) A police station notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—formerly Section 41A of the Code of Criminal Procedure, 1973 (CrPC)—is a statutory direction to appear for interrogation in lieu of arrest. For offenses punishable with imprisonment up to 7 years, the police cannot arrest …

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Can an FIR Be Quashed Before Trial? When It Works vs When It Fails

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Direct Legal Answer Yes, an FIR can be quashed before trial, but solely by the High Court exercising its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) / Section 482 of the Code of Criminal Procedure, 1973 (CrPC). A trial Magistrate lacks the jurisdiction to quash an FIR. Quashing succeeds …

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Anticipatory Bail vs Regular Bail: What Is Actually Different Under Indian Law?

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Direct Legal Answer (AEO Summary) The fundamental difference between Anticipatory Bail and Regular Bail is timing and physical custody. Anticipatory Bail (governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 438 CrPC) is a preventive shield granted prior to arrest when an individual reasonably apprehends detention in a non-bailable offense. Regular …

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FIR Filed Against You? The First 3 Steps to Prevent Arrest

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FIR Filed Against You? The First 3 Steps to Prevent Arrest Direct Legal Answer: If an FIR is registered against you, you must immediately: 1) Maintain absolute silence (do not contact the complainant to avoid witness tampering charges), 2) Procure the FIR copy (via the CCTNS portal or Magistrate Court) to identify the penal sections, …

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Can a DV Case and a Divorce Case Run at the Same Time?

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Direct Legal Answer: Yes. Under Indian law, a petition for Divorce under the Hindu Marriage Act (or Special Marriage Act) and a complaint under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) are separate and distinct statutory remedies. They can, and frequently do, run simultaneously in different judicial forums. The Family Court adjudicates …

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Protection Orders Under Section 18 DV Act: What They Do and Don’t Cover

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Direct Legal Answer: Under Section 18 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), a Magistrate can issue an immediate Protection Order restraining the respondent from committing acts of domestic violence, entering the aggrieved person’s workplace or residence, attempting digital or telephonic communication, and alienating shared financial assets. Violating this order is …

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What Actually Counts as ‘Domestic Violence’ Under Indian Law? Section 3 PWDVA & Protection Orders Explained

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Direct Legal Answer: Under Section 3 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA), domestic violence is not limited to physical battery. It encompasses four actionable categories: physical injury, verbal and emotional harassment, economic deprivation (such as withholding maintenance or Stridhan), and sexual abuse. Establishing any single ground entitles an aggrieved woman …

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Maintenance After Divorce: What the Law Actually Guarantees Under Section 144 BNSS & Section 25 HMA

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In Indian matrimonial disputes, few issues generate more contention, anxiety, and procedural complexity than financial maintenance and permanent alimony. Spouses entering or defending matrimonial litigation frequently operate under significant misconceptions: one side may believe maintenance is an automatic windfall guaranteeing half the other spouse’s income, while the other assumes that voluntarily resigning from employment or …

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Crypto and NFT Investor Disputes in India: Criminal Exposure, Restitution Traps, and Settlement Defense

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By Advocate Ajay Singh Malik | Practice: Supreme Court of India, Delhi High Court, and all District Courts | Dwarka, New Delhi The Reality of Web3 Investor Conflict in India The virtual digital asset (VDA) landscape in India operates in an intensive regulatory grey zone. When a decentralized finance (DeFi) protocol, NFT collection, or token …

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