Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
In some cases, courts have explicitly noted that allegations under these sections are mutually exclusive or that the ingredients do not attract, but this alone is insufficient for quashing; the court prefers to allow investigation to proceed unless the allegations are inherently improbable or absurd. ["2025 0 Supreme(Cal) 668"], ["2026 Supreme(Online)(Jhk) 57"]
Analysis and Conclusion:
In the realm of criminal law, the registration of a can set off a cascade of legal proceedings, often causing significant distress to the accused. A common defense strategy is to petition for the FIR under or . But what if the FIR incorrectly cites —offenses akin to and under the erstwhile ? Is a mere enough to quash it, especially when allegations point to ?
The short answer: No, a wrong mentioning of Sections 316 and 318 is not a ground for an FIR if there is evident or a 2025 1 Supreme 113. Courts prioritize substance over form, focusing on whether the allegations disclose a supported by evidence. This blog delves into the legal nuances, judicial precedents, and practical insights to help you navigate this terrain.
Disclaimer: This article provides general information based on judicial trends and is not legal advice. Consult a qualified lawyer for case-specific guidance.
Sections 316 and 318 of the BNS, 2023, address serious :- Section 316: , involving dishonest misappropriation of entrusted property (e.g., for various forms like ) 2024 Supreme(Online)(CHH) 11457.- Section 318: , where inducement leads to (e.g., ) 2025 Supreme(Online)(Kar) 15165.
These replace and 420, respectively, and are cognizable offenses. An FIR under these often arises in commercial disputes, investments, or trust violations 2024 Supreme(Online)(RAJ) 3436.
The question arises: Wrong mentioning of sections 316 and 318 is not a ground for of FIR there being a . Courts agree—errors in section numbering do not invalidate proceedings if the facts allege () and a 2025 1 Supreme 113.
Courts invoke inherent powers under and to quash FIRs that abuse the process of law or cause 2025 1 Supreme 113. Key tests include:- Do allegations, even if taken at face value, disclose a ?- Is there prima facie evidence supporting ?- Would continuation amount to harassment on frivolous grounds? 2025 0 Supreme(HP) 601
As held, asking a person to stand trial will be nothing but abuse of process of law if the FIR does not disclose a 2025 1 Supreme 113. However, courts refrain from deep at this stage, leaving it to 2025 0 Supreme(HP) 601.
From established precedents:- Vague or Unsupported Allegations: is warranted if claims are speculative or false 2025 1 Supreme 113.- Evidence Assessment: FIR need not be an encyclopedia of all imputations; if allegations support a , proceeds 2025 0 Supreme(HP) 601.- Requirement: must be averred; mere civil disputes don't qualify as criminal breach/ 2024 7 Supreme 620.- Serious Offenses Caution: In economic crimes under Sections 316/318, courts exercise restraint unless abuse is clear 2013 0 Supreme(Raj) 776.
A clerical error in citing sections doesn't derail the FIR if is alleged. For instance:- In an case under Sections 316(5), 318(4), and 61 BNS, the court dismissed , noting FIRs should not be quashed unless allegations do not prima facie constitute an offence 2024 Supreme(Online)(CHH) 11457. It emphasized sparing use of Section 482 jurisdiction.- Another petition for Sections 316(2), 316(4), 318(4) BNS failed as facts supported offenses 2024 Supreme(Online)(MP) 42403.
Courts look beyond labels to the substance: If facts narrate entrustment, misappropriation, or inducement with , proceedings continue 2024 Supreme(Online)(RAJ) 3436. Sections 405 and 420 of the operate in distinctly different domains i.e. entrustment versus inducement—analogous to BNS equivalents 2024 Supreme(Online)(RAJ) 3436.
may occur in limited cases:- Mutual Settlements: Parties compromising via joint memos can lead to , even for offenses, if it serves justice 2025 Supreme(Online)(Kar) 15165. The court acknowledged the settlement and allowed the petition in interest of justice.- No Prima Facie Offense: In a commercial dispute mimicking (BNS 316/318), FIR quashed for lacking cognizable elements; preliminary inquiry needed 2024 Supreme(Online)(RAJ) 3436.- Personal Disputes: For offenses like with trademarks, allowed post-amicable resolution if no public peace impact 2025 0 Supreme(Raj) 663. The can quash FIRs for offences if the dispute is personal and does not affect public peace.- Fraudulent Schemes: However, in investment scams under 316(2), 318(4), courts deny , stressing 2025 0 Supreme(All) 2152. Allegations in the FIR indicated a of cognizable offences.
Limitations:- No on mere denial or early-stage evidence lack 2025 1 Supreme 113.- Disputed facts require probe; not for Section 482 2019 0 Supreme(P&H) 1001. Such a matter is subject of and appreciation by .
These illustrate courts' balanced approach, rarely on technicalities like wrong sections if persists.
Courts advise: Judicial discretion should be exercised judiciously, balancing the need for justice with the prevention of frivolous proceedings.
Navigating FIR requires nuanced understanding. Stay informed, act swiftly, and seek expert counsel to protect your rights.
References:1. 2025 1 Supreme 1132. 2025 0 Supreme(HP) 6013. 2013 0 Supreme(Raj) 7764. 2024 Supreme(Online)(CHH) 114575. 2025 Supreme(Online)(Kar) 15165... (full list as per sources)
#QuashingFIR #BNS316318 #CriminalLaw
Even according to the allegations made in the complaint, the ingredients for the offences under Sections 316(2) and 318 (4) of BNS do not attract and both the offences cannot go together. There is no intention to deceive respondent No.2. ... .1306 of 2025 of Rajendranagar Police Station, Cyberabad, registered for the offences under Sections 316(2) and 318 (4) of the Bharatiya Nyaya Sanhita, 2023, (for short, ‘BNS’). ... Whether the petitioner has committed the offenc....
Even according to the allegations made in the complaint, the ingredients for the offences under Sections 316(2) and 318 (4) of BNS do not attract and both the offences cannot go together. There is no intention to deceive respondent No.2. ... .1306 of 2025 of Rajendranagar Police Station, Cyberabad, registered for the offences under Sections 316(2) and 318 (4) of the Bharatiya Nyaya Sanhita, 2023, (for short, ‘BNS’). ... Whether the petitioner has committed the offenc....
He further contended that the allegation of criminal breach of trust under section 316 BNS and cheating under section 318 BNS arising from the same transaction are mutually exclusive and therefore invocation of both sections is contradictory. ... 316(2)/316(5) of the BNS. ... Petitioners herein have challenged the impugned proceeding being Maynaguri P.S. case no. 122 of 2025 under section 316 (2)/ 316 (5)/ 318 (4)/338/61(2)/3 (5) of BNS 2023 pending ....
(A) Bharatiya Nyay Sanhita, 2023 - Sections 316(5), 318(4), 61 - Quashing of FIR - Petition to quash FIR for embezzlement dismissed ... Based on the written report of respondent No. 2, the Police Station Patna, District Korea had lodged the FIR bearing Crime No. 0274 of 2024 at Police Station Patna, District Korea (C.G.) for the offences punishable under Sections 316(5), 318(4) and 61 of the BNS against the petitioner. ... Quash the First Information Report registered....
respondent South East CEN Crime Police against the petitioner for the alleged offences punishable under Sections 316, 318(3) of BNS 2023 and Sections 66(C), 66(D) of the I.T. ... (ii) The complaint/ FIR in Crime No.876/2024, dated 23.09.2024 of South East CEN Crime Police Station, for the offences punishable under Sections 316, 318(3) of BNS, 2023 and Sections 66(C), 66(D) of the IT Act, 2000 , before the 45th ACMM, Bangalore ... ....
Case No. 557 of 2025 registered for the offence punishable under Sections 316(2) and 318(2) of the Bharatiya Nyaya Sanhita, pending in the court of learned Chief Judicial Magistrate, Deoghar. 3. ... P.P. on the other hand vehemently opposes the prayer and submits that in view of the allegations made both the offences in respect of which FIR has been registered is made out against the petitioners; therefore, at this nascent stage, the same ought not to be quashed. ... Under such circumstances, this Cou....
On such allegations, PS Neemuch City, District Neemuch registered FIR at Crime No.454/2024 for offence punishable under Sections 316(2), 316(4), 318(4) and 61 of Bharatiya Nyaya Sanhita, 2023 against accused Anil Kharol, Dashrath Kharol, Gaurav Mali(applicant), Rounak Gandhi and Rahul. ... 316(2), 316(4), 318(4) and 61 of Bharatiya Nyaya Sanhita, 2023. ... Accordingly, it is directed that applicant Gaurav Mali S/o Balmukund Mali shall be released on....
Before parting, to sum up the discussion, it is considered imperative to direct the police officials in respondent State of Rajasthan that, before they register FIRs in matters of alleged offences under sections 405/406 and 420 of IPC [corresponding Sections 316 and 318 of Bhartiya Nyaya Sanhita (BNS ... Reasons are not far to seek i.e. unless they approach this Court to seek quashing, they have to seek bail apprehending arrest resulting in delay of the entire process of their release.....
This petition has been filed under Section 528 of B.N.S.S, 2023 for seeking quashing of the FIR No.340/2024 registered at Police Station Bagad Tiraya, District Alwar for the offences punishable under Sections 316(2) and 318(4) of B.N.S., 2023. 2. ... Learned counsel for the petitioners argues that now on the same facts, another FIR bearing registration No.340/2024 has been registered by the respondent No.2 at Police Station Bagad Tiraya, District Alwar for the offences punishable under....
under Sections 316(5), 318(4) and 61(2) of the BNS. ... Bazaar– Bhatapara, for offences punishable under Sections 3/7 of the EC Act and and Sections 316(5), 318(4) and 61(2) of the BNS. ... for interference or quashing of the FIR is made out. ... In view of the above, this Court is of the considered opinion that the present petition is devoid of merit and does not warrant exercise of inherent powers for ....
(FARJAND ALI, J.) 1. The instant criminal misc. Petition has been filed under Section 482 Cr.PC for quashing of FIR No. 404/2024 registered at Police Station Surajpole, District Udaipur for the offence under Sections 316(2), 318(4) of BNS and 103, 104 of trade mark act, 1999. The High Court can quash FIRs for non-compoundable offences if the dispute is personal and does not affect public peace, using inherent powers to restore harmony. 2. It is submitted by learned counsel for the petitioner that the dispute in between the parties has been resolved through an amicable set....
(b) Issue any other writ, order or direction which this Hon'ble Court may deems fit and proper in the circumstances of the case. (a) Call for records and issue order, direction or writ in the nature of certiorari or any other similar writ, thereby quashing the impugned FIR dated 24.11.2024 registered as Case Crime No. 463 of 2024 under Sections 318(4), 61(2) and 316(2) BNS 2023 registered at P.S. Sector 58, Noida District Commissionerate. (c) Award the cost of the writ petition to the petitioner. 2. The present writ petition is preferred inter alia with following reliefs :
Such a matter is subject of investigation and appreciation by trial Judge. Hence, it is not a case where perusal of FIR itself does not make out a case for registration of FIR and as such, there is no ground for quashing of FIR on this ground. As such, the judgments referred to and relied upon by learned senior counsel representing the petitioner in this behalf are not applicable to the present set of facts.
The statement of the informant Dr. Mirza Mumtaz Alli Baig recorded during investigation discloses that the petitioner was attending the “Satkar Polly Clinic”. The registers of the said Diagnostic Centres were also seized and statements of various persons have been recorded under Section 161 Cr.P.C. Causing miscarriage - Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or ....
The statement of the informant Dr. Mirza mumtaz Alli Baig recorded during investigation discloses that the petitioner was attending the "satkar Polly Clinic". The F. I. R. was registered for alleged commission of offence under Sections 312/316/318 IPC read with Sections 23/25 of the pre-Conception and Prenatal Diagnostic Techniques (Prohibition of sex Selection) Act, 1994. The registers of the said Diagnostic Centres were also seized and statements of various persons have been recorded under Section 161 Cr. P. C. After such verification, the said authority sealed the said D....
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