BNS/IPC

Gujarat High Court Grants Bail To Muslim Cleric Accused Of Religious Conversion, Solemnizing Minor's Marriage
The Gujarat High Court granted bail to a Muslim cleric who was accused of religious conversion and solemnizing a minor's marriage without verifying proof of age. [2026 LiveLaw (Guj) 281]The accused was booked under Sections 64(2)(i), 64(2)(m), 137(2), 87, 115(2), 351(3) of BNS; Sections 4, 6, 17, 18 of the POCSO Act, Sections 9 & 10 of the Prohibition of Child Marriage Act and Section 4A...

Gujarat High Court Denies Anticipatory Bail To Woman Accused Of Facilitating, Recording Rape
Such acts impact 'feeling of safety' of women in society, Court said.

Karnataka High Court Quashes FIR Against BJP Leader Over Outraging Woman's Modesty, Says Remarks Were Not Made Against Complainant
The Karnataka High Court has quashed a criminal case against former BJP MLA Sanjay Patil over a remark allegedly made against then Women and Child Welfare Minister during the Lok Sabha campaign for the Belagavi constituency in 2024. It held that a Congress worker who merely heard the remark was not an “aggrieved person”, and that the statement did not satisfy the ingredients of Section 509...

Victim Cannot Appeal Against Inadequacy Of Sentence Under Juvenile Justice Act; Remedy Is Revision: Patna High Court
The Patna HC has held that a victim or informant cannot maintain an appeal seeking enhancement of sentence on the ground of inadequacy of sentence, and that the appropriate remedy is to file a criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015.A Single Judge Bench of Justice Jitendra Kumar was hearing an appeal filed by the informant...

Accused Already Released On Bail Cannot Seek Anticipatory Bail Again, Must Surrender And Seek Regular Bail: Patna High Court
The Patna HC has held that an accused who has already surrendered before the Court pursuant to an order granting anticipatory bail and has been released on bail is in constructive custody of the Court, and therefore cannot subsequently seek anticipatory bail. The appropriate remedy is to surrender and seek regular bail.A Single Judge Bench of Justice Jitendra Kumar was hearing an...

Allegations Of “Jhaad-Phoonk” Cannot Attract Section 307 IPC Without Intention To Cause Death: Jharkhand High Court
The Jharkhand HC has held that a conviction under Section 307 IPC cannot be sustained in the absence of the necessary ingredients of the offence, including the requisite intention or circumstances indicating an attempt to commit culpable homicide amounting to murder.A Single Judge Bench of Justice Rajesh Kumar was hearing an appeal against the judgment of conviction dated 15.06.2023 and order...

Wife Fell & Died After Husband Slapped Her: Karnataka High Court Converts Murder Conviction To Culpable Homicide
The Karnataka High Court has converted a husband's conviction for murder of his wife under Section 302 Indian Penal Code (IPC) to culpable homicide not amounting to murder under Section 304 Part II IPC. It found that the prosecution could not establish by evidence that the injury suffered by the deceased wife— after being assaulted by her husband and falling down— was “sufficient in...

Filing 'Bald Chargesheet' Without Any Evidence Affects Accused's Right To Life Under Article 21: Karnataka High Court
The Karnataka High Court has held that filing a chargesheet based on omnibus allegations by complainant without any evidence affects the right to life guaranteed under Article 21 of the Constitution of India.“Filing of charge sheet thus affects the individual right of a citizen of the country as is enshrined under Article 21 of the Constitution of India, especially when the charge sheet is...

Lying On Woman & Pressing Her Mouth Without Any Act Towards Penetration Is Not Attempted Rape: Patna High Court
The Patna HC has held that merely lying upon a woman and pressing her mouth, without any act towards penetration, would not constitute an attempt to commit rape where the evidence does not establish that the accused had gone beyond the stage of preparation.A Single Judge Bench of Justice Sandeep Kumar was hearing an appeal against the judgment of conviction dated 29.07.2013 and order of...

Gujarat High Court Refuses To Examine 16-Year-Old As Witness To Mother's Alleged Adultery, Says Child Can't Be Used As Pawn
The Gujarat High Court has refused to permit a man to examine his minor son in order prove his wife's alleged adultery, observing that the child cannot be used as a pawn to show that the mother was living in adultery as it is always open for the husband to prove it through other evidence. [2026 LiveLaw (Guj) 277]The court was hearing the father's plea who had sought summoning of his minor son...

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...

Hitting Chest With Elbow Does Not Show Intent To Outrage Woman's Modesty: Kerala High Court Reverses Conviction
The Kerala High Court has acquitted a man convicted under Section 354 IPC, holding that the alleged act of hitting a woman on her chest with an elbow, in the circumstances of the case, did not establish the requisite intention to outrage her modesty. [2026 LiveLaw (Ker) 569]Justice Jobin Sebastian allowed the criminal revision petition and set aside the conviction and sentence imposed by...
