Rape Case Can't Be Quashed Solely On 'Settlement' Between Victim & Accused : Supreme Court

The Court also noted that the victim in the instant case was coerced into a settlement.

Rape, POCSO Convicts Not Absolutely Barred From Open-Air Prisons, Must Meet Exceptional Circumstances: Rajasthan High Court Full Bench

The Rajasthan High Court has held that a prisoner who is convicted for rape under IPC or POCSO Act, is not totally ineligible to be transferred to an Open Air Camp, provided some special/exceptional circumstances are established. However, such prisoner does not have an automatic right for such transfer. The full bench of Chief Justice Sanjay K. Agrawal, Justice Sameer Jain, and Justice...

Birth Register Alone Not Enough To Prove Victim's Age Without Establishing Source Of Information: Gujarat High Court Upholds POCSO Acquittal

The Gujarat High Court has upheld a rape acquittal under the POCSO Act observing that the prosecution failed to prove that on the date of alleged incident the girl was a minor, as they could not prove the source of the alleged victim's date of birth recorded in the birth register. [2026 LiveLaw (Guj) 296]In doing so the court reiterated that merely producing birth register is not enough to...

'Single Knife Blow During Sudden Argument Over Drinking Is Not Premeditated Murder': Jharkhand High Court

The Jharkhand HC has held that a single knife blow inflicted during a sudden argument, in the heat of passion and without premeditation, can fall within Exception 4 to Section 300 IPC, making the offence culpable homicide not amounting to murder. The Court converted the murder conviction of an 88-year-old father who fatally stabbed his son following an argument over his consumption of alcohol...

'Advocate Cannot Be Criminally Prosecuted Merely Because Legal Opinion Turns Out Incorrect': Patna High Court

The Patna HC has held that an advocate cannot be subjected to criminal prosecution merely because a legal opinion furnished in the course of professional duties subsequently turns out to be incorrect. The Court clarified that criminal liability may arise where an advocate deliberately provides a false or misleading opinion in collusion with others to facilitate fraud.A Single Judge Bench...

“No” Means “No”: HP High Court Denies Anticipatory Bail, Says Mere Relationship Does Not Imply Consent To Sexual Acts

The Himachal Pradesh High Court has observed that being in a relationship does not give a person the licence to engage in sexual acts against their partner's will, remarking that “No” had to mean a “No.” The Court made the observation while denying anticipatory bail to a man accused of sexually assaulting his fiancée in a case where the allegations were prima facie corroborated...

SC/ST Act Not Attracted In Absence Of Independent Witnesses To Alleged Caste-Based Slurs: Bombay High Court Quashes FIR

The Bombay High Court has quashed the FIR and consequential proceedings under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against two accused in a property dispute, holding that the essential ingredients of the offences were not prima facie established. The Court observed that no independent witness had corroborated...

Accused Being An Alcoholic Does Not Justify Fabricating Sexual Assault Allegations To 'Teach Him Lesson': Bombay High Court

The Bombay High Court has granted bail to a man accused of sexually assaulting his minor daughter, observing that being an alcoholic and allegedly harassing family members cannot, by themselves, justify levelling serious allegations against him merely to teach him a lesson. The Court found material inconsistencies and improvements in the statements of the complainant and the victim, which...

Retention Of 'Istridhan' After Divorce Is Not A Continuing Offence For Limitation Purposes: HP High Court

The Himachal Pradesh High Court has held that the alleged retention of a wife's 'Istridhan' may not constitute a continuing offence once the marriage has been dissolved by a decree of divorce. Distinguishing divorce from judicial separation, the Court observed that the legal relationship between the spouses continues in the latter case but stands severed upon dissolution of marriage,...

Patna High Court Quashes Case Against Husband's Parents, First Wife In Alleged Bigamy Case, Says They Cannot Be Directly Booked

The Patna HC has held that offences relating to concealment of a previous marriage and fraudulently going through a marriage ceremony under Sections 495 and 496 IPC cannot be directly invoked against the family members of a person accused of bigamy. The Court observed that these provisions apply to the person contracting the subsequent marriage, while family members may be implicated where...

Patna High Court Acquits Husband, In-Laws In Dowry Death Case, Says Cruelty Must Be Proved 'Soon Before' Death

The Patna HC has held that the expression “soon before” under Section 304B IPC, concerning dowry death, requires the prosecution to establish a proximate or live link between dowry-related cruelty and the woman's death. The Court observed that although the provision was enacted to address the serious social evil of dowry deaths, its social purpose cannot justify diluting the...

Minor's Marriage Alone Cannot Establish Human Trafficking Without Proof Of Monetary Consideration: Rajasthan High Court Suspends Sentence

The Rajasthan High Court has suspended the sentence imposed upon two men convicted in relation to human trafficking of a minor, opining that mere existence of marriage with a minor could not dispense with the prosecution's obligation to prove the essential ingredients of the substantive allegations against the convicts. The bench of Justice Farjand Ali observed that the Court must...