BNS/IPC

High Speed Alone Not Enough To Prove Rash, Negligent Driving: Madras High Court
The Madras High Court recently held that driving at high speed alone is not enough to prove that the driving was rash or negligent to prove offences under Sections 279 (rash driving) and 304A (causing death by negligence) of the IPC. [2026 LiveLaw (Mad) 447] Justice G Arul Murugan observed that criminality could not be presumed and had to be proved beyond reasonable doubt....

Kerala High Court Grants Pre-Arrest Bail To Lawyer Accused Of Sexually Harassing Lady Advocate, Notes Prior Counter Case
The Kerala High Court recently granted anticipatory bail to a lawyer, who is accused of sexually harassing a lady advocate outside a Palakkad court. [2026 LiveLaw (Ker) 509]Dr. Justice Kauser Edappagath noted that a prior crime was registered against the complainant at the instance of the petitioner lawyer and went on to grant him bail. The Court was of the view that custodial interrogation...

Second Wife Unaware Of Husband's First Marriage Can't Be Prosecuted For Cruelty, Bigamy: Madras High Court
The Madras High Court recently held that a woman who was unaware of her husband's first marriage could not be prosecuted for the offence of bigamy under Section 82 of BNS. The court also noted that the second wife will not fall within the definition of “relative of husband” and cannot be prosecuted under Section 85 of BNS (corresponding to Section 498A of the IPC).[2026 LiveLaw...

Bombay High Court Quashes Process Against TV9 Managing Directors For Allegedly Defaming Mumbai Police Officer
The Bombay High Court recently quashed the process issued against the Directors of TV9 News Channel named in a defamation case filed by a Mumbai Police Officer over a video aired on their channel, wherein the said officer was allegedly assaulted by another man and a woman in a public place. Single-judge Justice Ranjitsinha Bhonsale noted the case of the complainant - Rajesh Sawane that while...

Karnataka High Court Quashes Cheating FIR Against Accused In Ambidant Investment 'Scam', Refuses To Quash ED Summons In PMLA Case
The Karnataka High Court has recently quashed a cheating FIR against realtor-businessman Vijay Tata, booked in the Ambidant Marketing investment "scam"–a company accused of cheating its customers of their money, holding that there was no incriminating material against him except inadmissible confession statements of co-accused. [2026 LiveLaw (Kar) 347]For context, in 2018, a case was...

Single Grave Act Can Constitute 'Cruelty' Under S. 498A IPC, Series Of Acts Not Necessary: Kerala High Court
The Kerala High Court recently held that a single grave act of cruelty can constitute the offence under Section 498A IPC and that a series of acts are not necessary. [2026 LiveLaw (Ker) 497]Justice Jobin Sebastian observed:“not every instance of harassment, disagreement, or ill-treatment between spouses would, by itself, constitute “cruelty” within the meaning of Section 498A of...

Karnataka High Court Refuses To Quash FIR Over MBBS Seat Fraud, Says 'Cloak' Of Civil Transaction Can't Defeat Criminal Probe
The Karnataka High Court refused to quash an FIR against a couple, accused of defrauding a woman of Rs 1.40 crore on the promise of securing an MBBS seat for her daughter, holding that mere presence of a monetary/civil transaction cannot be permitted to “smother” a legitimate criminal investigation.The couple claimed that the case was at best a civil transaction between them and...

Police Complaint Filed In Good Faith Not Defamation: Gujarat High Court
The Gujarat High Court has observed that merely filing an application before the police against a person containing certain allegations over commission of an alleged criminal act wherein the police has lawful authority over the subject matter of accusation, would not amount to the offence of defamation. [2026 LiveLaw (Guj) 243]As per Section 356 BNS/ 500 IPC it is not defamation to prefer in...

Raising Slogans In Support Of Palestine Not Enough To Make Assembly 'Unlawful': Madras High Court Quashes Case
The Madras High Court has quashed a case registered against a group of men for assembling and raising slogans in support of Palestine and against the genocide being perpetrated against its people. [2026 LiveLaw (Mad) 441] Justice GK Ilanthiraiyan noted that the men had not shown any criminal force or committed any mischief or crime or tried to take possession of property or...

Corporal Punishment Not Offence Under POCSO Act: Supreme Court Quashes Case Against Teacher
The Court however criticised the teacher's conduct, terming it inappropriate and insensitive towards girl students.

General Allegations Of Domestic Harassment Must Have Direct Nexus With Suicide To Prosecute For Abetment: Kerala High Court
The Kerala High Court has held that a prosecution for abetment of suicide under Section 306 of the Indian Penal Code cannot be sustained against a relative merely on the basis of general allegations of domestic discord, harassment or insulting words, unless the materials disclose the requisite mens rea and a direct or proximate nexus between the accused's conduct and the suicide.[2026...

Major Married Couple Disliked By Relatives Can't Be Threatened, Harassed By Lodging FIR: Gujarat High Court
The Gujarat High Court has observed that a major married couple whose marriage may be disliked by their relatives cannot be harassed or threatened by the relatives by lodging an FIR and invoking police machinery. In doing so the court granted police protection to a couple and directed the police to ensure that they are neither harassed nor any act of violence is committed against them.The...
