Case Law Analysis
|Calcutta High Court
Absence of Mens Rea | Quashing FIR in Visitation Dispute Under BNS : Calcutta HC
Calcutta HC quashed criminal proceedings against a father accused of assault during court-ordered visitation, ruling that the FIR lacked credible evidence of criminal intent (mens rea) and suffered from unexplained delay. The judgment reinforces that visitation disputes cannot be criminalized without clear proof of wrongful intent, protecting parents from abuse of process under Bharatiya Nyaya Sanhita (BNS).