BNS/IPC

Gujarat High Court Quashes FIR Against Lawyer, Says Impossible To Believe He Extorted Traffic Policeman During Facebook Live-Stream
The Gujarat High Court quashed an extortion FIR against a lawyer after noting that it was impossible to believe that the petitioner who was live-streaming on Facebook at the time of the alleged incident would also simultaneously extort money from traffic personnel at the exact moment. [2026 LiveLaw (Guj) 285]The court said that the FIR against the petitioner was "counter blast" to the attempt to murder FIR lodged by the petitioner against the traffic personnel for assaulting the lawyer when...

'Similar Intention' Is Not 'Common Intention': Patna High Court Acquits Man Of Attempt To Murder Charge
The Patna HC has held that the mere act of catching hold of a victim while a co-accused fires at him does not, by itself, establish that the accused shared the common intention to commit murder. The Court distinguished between “similar intention” and “common intention”, holding that the former does not attract constructive liability.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing an appeal filed by Nandu Thakur against his conviction for attempt to murder and wrongful...

S. 107 BNS | Teacher Scolding Student For Consuming Intoxicant Can't Be Prosecuted For Suicide Abetment: Orissa High Court
The Orissa High Court has held that teachers cannot be prosecuted for merely maintaining discipline and reprimanding a student against intoxication, which in turn drove the student to take away his own life by way of suicide, without having any criminal intent. [2026 LiveLaw (Ori) 117]While setting aside an order of cognizance against teachers and warden of a school, the Bench of Justice...

“Caste, Tribe Or Community Can Never Constitute Incriminating Material”: Bombay High Court Rejects Bail Pleas Of Accused Under MCOCA
The Bombay High Court has held that a person's caste, tribe or community can never constitute incriminating material and that no adverse inference can be drawn on that basis. The Court observed that the prosecution must stand or fall on legally admissible evidence while rejecting bail applications filed by three accused booked under the Maharashtra Control of Organised Crime Act...

'History-Sheeter' Status Doesn't Dilute Accused's Article 21 Rights: Orissa High Court Denies Bail To 3 Cops In Custodial Death Case
The Orissa High Court on Wednesday (October 14) denied bail to three police personnel accused of causing death of a person (a habitual offender) in 2017 by allegedly chasing him on road and causing assault which resulted in a fatal fall of the deceased from his motor-cycle leading to his death. [2026 LiveLaw (Ori) 118]Emphasising that an accused cannot be stripped of his constitutional...

Karnataka High Court Refuses To Quash FIR Against Doctor, Hospital Management Booked Over Amputation Of Infant's Finger
The Karnataka High Court refused to quash an FIR against management of a hospital and its doctor over alleged accidental amputation of a 6-month-old infant's little finger before discharge, observing that the four-hour period in which infant was kept in emergency ward after the incident needs investigation. [2026 LiveLaw (Kar) 412]Justice Anant Ramanath Hegde said:"Prima facie, there is no dispute that the baby was admitted in a hospital for some ailment and she was being treated in the hospital...

Courts Must View CDs, Videos Themselves Before Convicting For Obscenity: Kerala High Court Acquits Man
The Kerala High Court recently reversed a concurrent finding of guilt of a man, who was convicted under Section 292 IPC for the sale of obscene CDs in his shop. [2026 LiveLaw (Ker) 578]Justice Jobin Sebastian relied on the decision in Harikumar v. State of Kerala and held that conviction based solely on the testimony of the investigating officer is not valid since the trial court did...

Teachers Can't Face Criminal Action For Trivial Corrective Measures To Maintain Classroom Discipline: Kerala High Court
The Kerala High Court recently quashed the criminal case initiated against a teacher, who was accused of offences under the Juvenile Justice Act and the Indian Penal Code for pulling the hand of her student and causing injury to her. [2026 LiveLaw (Ker) 577]Justice Jobin Sebastian noted that the teacher did not have any mala fide intention and only wanted to maintain discipline in the...

Gujarat High Court Grants Bail To Man Accused Of Attempting To Break Open ATM Machine
The Gujarat High Court granted bail to a man accused of trying to break open an ATM machine along with co-accused, with the intention of committing theft. [2026 LiveLaw (Guj) 283]The petitioner had sought bail for FIR lodged under Sections 331(4)(Lurking house-trespass or house-breaking by night), 305(a)(Theft in a dwelling house), 324(4)(Mischief causing property damage), 54(Abettor present...

Tripura High Court Refuses To Quash FIR Against Former CM Manik Sarkar Over Allegedly Provocative Speech
The Tripura High Court has refused to quash an FIR registered against former Chief Minister Manik Sarkar over an allegedly provocative political speech, observing that the allegations require further investigation. The Court held that investigation was necessary to determine whether the alleged remarks attracted offences under Sections 192, 353(1)(b) and 61(1) of the Bharatiya Nyaya Sanhita,...

POCSO Act Requires Only Greater Punishment Where Same Offence Attracts POCSO & IPC Charges: Jharkhand High Court
The Jharkhand HC has held that where an accused is convicted under both Section 4 of the POCSO Act and Section 376(2)(f) of the IPC for the same offence, Section 42 of the POCSO Act requires the Court to impose the greater punishment and does not permit separate sentences for both offences to run consecutively.A Division Bench of Justice Ananda Sen and Justice Pradeep Kumar Srivastava was...

Why Set A Private Trap Instead Of Seeking Police Help? Gujarat High Court Quashes Outraging Modesty FIR
The Gujarat High Court quashed an FIR against a man accused of outraging a woman's modesty after observing that FIR was premised on a "staged confrontation" wherein the husband had found the accused with his wife after an "unexpected encounter" which lacked judicial creditworthiness.[2026 LiveLaw (Guj) 282]The court thus said that pushing the accused through the "rigmarole of a full trial...
