BNS/IPC
Wife's Inability To Establish Cruelty Doesn't Necessarily Mean She Left Matrimonial Home Without Reason: Gujarat High Court
The Gujarat High Court has held that mere inability of a wife to establish allegations of cruelty would not mean that she left the matrimonial home without sufficient cause and that each case must be considered as per evidence. [2026 LiveLaw (Guj) 214]The court said this while upholding a family court order rejecting a woman's maintenance claim, after finding that she had voluntarily left...
Proof Of Saptapadi Ceremony Not Required At Cognizance Stage In Bigamy Complaint: Uttarakhand High Court
The Uttarakhand High Court has refused to quash criminal proceedings for the offence of bigamy under Section 494 of the Indian Penal Code, holding that whether the essential ceremonies of the alleged second marriage, including Saptapadi, were performed is a matter of trial and “cannot be gone into at the primary stage of taking cognizance”.Relying on the Supreme Court's decision in...
Loan Amount Not 'Entrusted Property'; Mere Failure To Repay Doesn't Constitute Criminal Breach Of Trust: Jharkhand High Court
The Jharkhand High Court has held that money advanced as a loan cannot be treated as property “entrusted” to the borrower for the purpose of constituting criminal breach of trust under Section 406 of the Indian Penal Code. The Court observed that a borrower is free to use the loan amount, unlike a person who receives property through entrustment and must deal with it subject to the...
Chhattisgarh High Court Refuses Bail To Husband Accused Of Driving Pregnant Wife To Suicide Over Dowry Demand
The Chhattisgarh High Court has refused to grant regular bail to a husband accused of continuously subjecting his wife to physical and mental cruelty on account of dowry demand, leading to her suicide. The Court observed that at the stage of considering a bail application, issues such as delay in registration of the FIR and alleged inconsistencies in the witnesses' statements are matters...
Chhattisgarh High Court Refuses To Quash FIR Against Self-Styled Godman Accused Of Inducing Doctor To Pay ₹25 Lakh For 'Divine Rituals'
The Chhattisgarh High Court has refused to quash an FIR against a person claiming to be a spiritual practitioner who was accused of inducing the complainant to give over ₹25 lakh by representing that he possessed divine and spiritual powers capable of resolving the complainant's family difficulties through religious rituals. The Court further observed that its inherent jurisdiction cannot...
'Abuse Of Process': Rajasthan High Court Quashes FIR Alleging Husband Used Drugs, Black Magic To Solemnise Marriage
The Rajasthan High Court recently quashed an FIR lodged by a woman against her husband alleging that he had used drugs, medicines and black magic to induce her into marrying him and had thereafter raped her, holding that the criminal proceedings amounted to an abuse of the process of law.The bench of Justice Anoop Kumar Dhand highlighted that the FIR was lodged 4 years after marriage, and 1...
Police Can't Ignore Accused's Conduct Prima Facie Disclosing Attempt To Rape While Probing Another Offence: Karnataka High Court
The Karnataka High Court has ruled that police investigating one offence cannot turn a blind eye to evidence prima facie disclosing another serious offence, while directing the Crime Investigation Department (CID) to conduct a fresh probe into an attempt to rape case of a woman. [2026 LiveLaw (Kar) 278]The single judge bench of Justice M. Nagaprasanna, while allowing the writ petition filed...
Character Certificate Can't Be Denied Merely Due To Pendency Of Criminal Case: Allahabad High Court
The Allahabad High Court has held that a character certificate cannot be denied merely because a criminal case is pending against the applicant.The bench of Justice Prakash Padia and Justice Vivek Saran held that the pendency of a criminal case under Sections 323, 504 and 506 IPC, by itself, could not be a ground to reject an application for issuance of a character certificate.“….we are...
Victim 'Habituated To Sexual Intercourse': Jharkhand High Court Acquits Man In Rape Case After Noting 5-Year Relationship
The Jharkhand High Court has acquitted a man convicted of rape on the false promise of marriage, holding that the evidence showed the prosecutrix, a 30-year-old woman, had been in a consensual relationship with the appellant for nearly five years and was habituated to sexual intercourse. The Court held that the case did not fall within the category of rape on a false promise of marriage.A...
'Prima Facie' Case Of Harbouring Offender: Kerala High Court Upholds FIR Against Priest For Aiding Woman Impersonating A Lawyer
The Kerala High Court has refused to quash criminal proceedings against a priest charged with aiding a woman who allegedly forged an advocate's enrolment certificate and practised as a lawyer, holding that the materials collected during investigation prima facie make out an offence of 'harboring' under Section 212 IPC. [2026 LiveLaw (Ker) 421]For context, the allegation against the first...
Gujarat Govt Reinstates Special Public Prosecutor In 2019 Vadodara Custodial Death Case After High Court Intervention
The Gujarat High Court was informed on Friday (July 31) that the State government has reinstated the Special Public Prosecutor (SPP), who was earlier conducting the trial in the 2019 alleged custodial death of a Telangana man in Vadodara and whose appointment had subsequently been discontinued. [2026 LiveLaw (Guj) 209]The development came after the High Court had asked the State to take...