'Sourcing Consultant Cannot Be Held Liable For Failure Of Company To Provide Placement To Candidates': Bombay High Court

The Bombay High Court has granted bail to a sourcing consultant accused in a cheating and criminal breach of trust case arising from allegations that a company failed to provide placements to candidates after training. The Court observed that the applicant, who was merely a sourcing consultant, could not be held responsible for the company's failure to place candidates who did not meet the prescribed performance standards.Justice Milind N. Jadhav was hearing a bail application filed under...

Mere Allegations About Mother's Character Can't Justify Search Warrant To Recover Child From Her Custody: MP High Court

The Madhya Pradesh High Court has observed that a mere allegation about a mother's character cannot justify the issuance of a search warrant under Section 97 CrPC to recover a child from her custody. [2026 LiveLaw (MP) 431]For context, Section 97 CrPC empowers a District Magistrate, Sub-Divisional Magistrate, or Magistrate of First Class to issue a search warrant to rescue a person who is...

S. 218 BNSS | State's Failure To Decide Prosecution Sanction Within 120 Days Amounts To Deemed Approval: Indore PMLA Court

The Special Court under the Prevention of Money Laundering Act at Indore recently treated the prosecution sanction as deemed granted under Section 218(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) after the Madhya Pradesh Government failed to decide the sanction request in a PMLA Case within the prescribed 120-day period.Special Judge Rajendra Kumar Patidar observed that if the...

Bombay High Court Directs Maharashtra DGP To Review Arrest Protocols; Ensure Compliance With SC Directions

The Bombay High Court has directed the Maharashtra Director General of Police to review existing arrest instructions and forms and issue corrective instructions to ensure that the binding directions of the Supreme Court are complied with. The Court observed that merely mentioning the crime number and penal provisions, or recording that the accused was informed of the grounds, does not...

LiveLaw Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bharatiya Nyaya Sanhita (BNS) Monthly Digest: September 2026

SUPREME COURT Supreme Court Explains S.69 BNS: No Offence Of Deceitful Sex By Breach Of Genuine Marriage Promise Case: Kunal Rameshbhai Kalyani v State of Gujarat & Anr. The Supreme Court has recently quashed an FIR registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which criminalises sexual intercourse for which consent was obtained by deceitful means,...

Section 482(4) BNSS Bar On Pre-Arrest Bail Is Not Absolute; Court Can Examine If Prima Facie Ingredients Are Disclosed: Bombay High Court

The Bombay High Court had held that the bar on anticipatory bail under Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in cases involving offences under Sections 65 or 70(2) of the Bharatiya Nyaya Sanhita (BNS) is not absolute. The Court observed that the application can be examined to determine whether the ingredients of the alleged offence are prima facie made out; if they...

Magistrate Must Examine Complainant, Witnesses Before Hearing Accused On Cognizance Of Private Complaint: Delhi High Court

The Delhi High Court has held that under Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a Magistrate must first examine the complainant and the witnesses present on oath, unless such examination is exempted by law, before issuing notice to the accused and granting an opportunity of being heard on the question of taking cognizance.The Division Bench of Justices Navin Chawla...

IO Can't Independently Record Victim's Further Statement After S.183 BNSS Statement Recorded By Magistrate: Karnataka High Court

The Karnataka High Court has held that once a victim's statement is recorded before a jurisdictional Magistrate under Section 183 BNSS the Investigating Officer (IO) cannot independently record a further statement of the victim. “Even if the Investigating Officer had to record the further statement of the victim girl, after her statement was recorded under Section 183 of BNSS, 2023 before...

S.528 BNSS | High Court's Inherent Powers Can't Be Used As Disguised Second Revision: P&H High Court

The Punjab and Haryana High Court has held that a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to invoke High Court's inherent powers against an order passed by a Sessions Court in revision operates within an "extraordinarily constricted domain", and the petitioner must show an egregious failure of justice or a glaring jurisdictional defect.Justice Sumeet...

Can't Use Inherent Powers U/S.528 BNSS As 'Backdoor Entry' After Revision Fails Unless Gross Injustice Shown: Delhi High Court

The Delhi High Court has held that a party cannot ordinarily invoke its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) as a “backdoor entry” to challenge an order after having unsuccessfully exhausted the revisional remedy, unless the case involves grave miscarriage of justice.Justice Girish Kathpalia observed that although the inherent powers of the...

Know The Law | Consequences Of Not Furnishing Written Grounds Of Arrest : Supreme Court Explains

The Supreme Court recently reiterated that an accused has a fundamental and statutory right to be informed of the grounds of arrest in writing, and the written grounds must be furnished to the arrested person as a matter of course and without exception.A bench of Justice Ujjal Bhuyan and Justice Atul Chandurkar stressed that the requirement under Article 22(1) of the Constitution is not a...

'Instagram Chat With Student Cannot Be Sole Material To Deny Bail': Bombay High Court Grants Bail To Tuition Teacher In POCSO Case

The Bombay High Court has granted bail to a senior citizen running private tuition classes, who was booked under Sections 4, 8, 10 and 18 of the Protection of Children from Sexual Offences Act, 2012, observing that an Instagram chat relied upon by the prosecution could not be the sole material for denying bail. The Court noted that the chat did not explicitly describe the alleged offence or...