Ajay Malik Advocate

Section 35 BNSS Police Notice: Statutory Protection & Criminal Defense

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Executive Legal Analysis Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) codifies the statutory mandate governing arrest and pre-arrest summons, directly superseding Sections 41 and 41A of the Code of Criminal Procedure, 1973. In offenses carrying a maximum punishment of up to seven years, an investigation notice under Section 35(3) BNSS is an […]

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Anticipatory Bail vs Regular Bail: Strategic Criminal Jurisprudence & Procedure

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Executive Legal Summary In Indian criminal litigation, Anticipatory Bail operates as a prophylactic shield against impending arrest, while Regular Bail functions as a restorative remedy following actual arrest. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), anticipatory bail is governed by Section 482 (cognate to Section 438 CrPC) and lies exclusively before the Sessions Court or

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Surviving a False FIR: 3 Immediate Steps to Prevent Unlawful Arrest

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Surviving a False FIR: 3 Immediate Steps to Prevent Unlawful Arrest Direct Legal Answer: When an FIR is registered against you, securing your liberty is the priority. First, cease all communication with the informant to prevent allegations of evidence tampering. Second, obtain a certified copy of the FIR to analyze the penal sections invoked. Third,

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Concurrent Matrimonial Proceedings: Handling DV and Divorce Cases Simultaneously

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Direct Legal Answer: Under Indian jurisprudence, a petition for dissolution of marriage (divorce) and a complaint under the Protection of Women from Domestic Violence Act, 2005 (PWDVA) operate in concurrent but independent jurisdictions. They can legally run simultaneously. The Family Court exercises jurisdiction over the marital status, while the Metropolitan Magistrate exercises jurisdiction over emergency

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Understanding Section 18 Protection Orders: Scope, Enforcement, and Limitations in Delhi Courts

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Direct Legal Answer: Under Section 18 of the Protection of Women from Domestic Violence Act, 2005, Metropolitan Magistrates across Delhi possess statutory jurisdiction to issue civil injunctions prohibiting domestic abuse, entering workplaces, attempting telephonic/digital contact, or disposing of shared assets. Breaching a Protection Order triggers immediate non-bailable arrest and up to one year of imprisonment

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The Scope of Domestic Violence Under Indian Law: Legal Reliefs, Residence Rights & Protection Orders

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Direct Legal Answer: Under the Protection of Women from Domestic Violence Act, 2005, courts grant civil protection beyond criminal prosecutions. Aggrieved women can secure emergency Section 18 Protection Orders restraining contact or entry, Section 19 Residence Orders securing shared household accommodation, Section 20 Monetary Relief, and Stridhan retrieval, with immediate non-bailable arrest under Section 31

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Calculating Alimony & Maintenance in Delhi Courts: The Definitive Legal Guide

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When a marriage breaks down and parties approach the court system, financial survival and the equitable distribution of resources become central concerns. Litigants frequently ask: How do judges in Delhi Family Courts actually arrive at a maintenance figure? Can a working professional be forced to pay excessive amounts? What happens if a spouse deliberately hides their

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