Advocate Sharda Ahuja

Advocates can visit and be present at police stations to support their clients, but they must not interfere with the investigative process . Their role is to ensure that their client’s legal and constitutional rights are protected during any police interaction. Legal Framework 1. DK Basu v. State of West Bengal (1997) 1 SCC 416 This landmark judgment laid down guidelines to prevent custodial torture and protect the rights of arrested persons. One of the key directions was: “The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.” This means the advocate can be present within visible distance , but not within hearing range — a balance between protecting rights and allowing effective police investigation. 2. Section 160 of the Code of Criminal Procedure (CrPC) Now 179 of the Bhartiya Nagrik Suraksha Sanhitha (BNSS) Permits the police to summon witnesses or persons acquainted with the facts of a case. An advocate may ...

Date of Judgment : 18 February 2025 Court : Sessions Court, Dindoshi, Mumbai Case Title : Narsingh Bhujangrao Gude v. State of Maharashtra Sections Involved : Section 509 IPC (Insulting the modesty of a woman) Sections 67 & 67A of the Information Technology Act, 2000 (Electronic transmission of obscene material) Case in Brief  A female corporator in Mumbai received a barrage of inappropriate and obscene WhatsApp messages from an unknown number late at night during a public event in her constituency. The messages, containing sexually suggestive texts and images, deeply disturbed her. After informing her husband, she lodged a police complaint. Investigations revealed that the messages were sent from a number registered in the name of the accused, Narsingh Bhujangrao Gude. The trial court convicted him, and his appeal was dismissed by the Sessions Court, which upheld the conviction and imprisonment. Legal Findings 1. Electronic Evidence Is Admissible If Properly Certi...

“Every soured relationship is not a crime — and every false promise is not a lie.” — Supreme Court of India, May 2025 In a landmark decision that could reset the legal compass on consensual relationships and the criminal justice system, the Hon’ble Supreme Court in Amol Bhagwan Nehul v. State of Maharashtra (2025 INSC 782) quashed rape charges against a young student, reminding us that consent, context, and common sense must guide criminal prosecutions. Here’s why this case matters — and what we all must understand about Section 376 IPC (rape) and the "promise to marry" narrative. The Case in Brief: A 23-year-old agriculture student was accused by his neighbor — a woman several years older, previously married, and mother to a child — of having sexual relations with her on the false assurance of marriage . She filed a complaint under Sections 376, 376(2)(n), 377, 504 & 506 IPC . The accused denied the allegations, stating the relationship was consensual , and that h...

A 19-year-old female can be prosecuted under the Protection of Children from Sexual Offences Act, 2012 (POCSO) if she commits a sexual offence against a boy who is under 18 years of age . Who is protected under POCSO? Any person below 18 years of age. Gender of the victim does not matter . The Act protects both boys and girls . Who can be an accused? Any person (regardless of gender or age) can be an accused under POCSO. There is no exemption for women. Relevant Example: If a 19-year-old woman is in a relationship with a 17-year-old boy and they engage in consensual sexual activity, she can still be charged under POCSO , because a person below 18 is legally incapable of giving consent under the Act. Why is consent irrelevant under POCSO? The law treats all sexual acts with minors as offences, even if consensual , to protect children from exploitation. Legal Consequences: The 19-year-old woman may face charges under relevant sections of th...

In family law, one of the most common misconceptions—especially among women—is that quitting a job will increase the chances of receiving higher maintenance. As a litigation lawyer with a focus on matrimonial disputes, I want to make this clear: I never advise clients to leave their jobs just to claim maintenance. Here's why. Financial Independence is a Strength, Not a Liability Many clients fear that earning an income will reduce or nullify their maintenance claims. But the legal landscape has evolved. Indian courts are more focused on a person's earning capacity , not just their current employment status. If a person is qualified and capable of earning, the courts take that into account—even if they are currently not working. Quitting a job to appear dependent may actually work against you. Judges can view such moves as voluntary unemployment, leading to questions about the credibility of the maintenance claim. Maintenance is Support, Not a Substitute Maintenance is des...

Here’s What the Law Says Marriage is meant to be a safe space — not a battlefield. Unfortunately, many women in India are finding themselves in devastating situations where, just months into the marriage, they’re thrown out of their matrimonial home because the husband is having an affair. One such client recently reached out to me. Married for just one year, she discovered her husband was in a relationship — even after marriage. Within three months, he ousted her from the house and cut her off financially. She’s educated but non-working. So what can she do legally? Let’s break it down. ⚖️ What Legal Remedies Are Available to a Wife in This Situation? ✅ 1. Protection Under the Domestic Violence Act She can file a complaint under the Protection of Women from Domestic Violence Act, 2005 , seeking: Residence order (right to stay in the shared household) Protection from further abuse Monetary compensation for emotional trauma Maintenance (if not claimed separately) ✅ 2. ...