BNS/IPC

Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case
The Allahabad High Court last week dismissed a state appeal challenging the acquittal of a man accused of rape as it observed that it was highly improbable for the crime to have been committed while the victim's children and other family members were present inside the house. The High Court also noted a material discrepancy in the statement of the victim with regard to the commission of...

Section 354 IPC Not Covered By Section 42 POCSO Act, Trial Court Erred In Not Awarding Separate Sentence: Delhi High Court
The Delhi High Court has observed that a trial court erred in not awarding a separate sentence for the offence under Section 354 IPC (assault or criminal force to a woman with intent to outrage her modesty) in a case involving sexual assault on a six-year-old girl, clarifying that the provision is not among the IPC offences covered by Section 42 of the Protection of Children from Sexual...

Empty Berths Sold "Like Vegetables In A Market" By Ticket Checkers: Calcutta High Court In Train Murder-Robbery Case
The Calcutta High Court has come down heavily on the functioning of Travelling Ticket Examiners (TTEs), observing that the practice of illegally allotting vacant berths to unreserved passengers for money is the primary reason behind several drugging-and-robbery incidents on trains. The Court remarked that TTEs "sell empty berths in trains like vegetables in a market" and directed that a copy...

Mere Marriage To Extremist, Presence At Encounter Site With Child Can't Sustain Conviction: Jharkhand High Court Acquits Woman
The Jharkhand High Court has acquitted a woman convicted under various provisions of the IPC, Arms Act and Criminal Law Amendment Act in connection with an encounter involving alleged extremists, holding that mere marriage to an extremist and presence at the place of occurrence with her 1½-year-old child were insufficient to sustain her conviction in the absence of evidence showing any overt...

Mere Smell Of Alcohol Without Blood Test Or Breathalyser Cannot Establish Drunken Driving: Uttarakhand High Court
The Uttarakhand High Court has held that the smell of alcohol on the breath of an accused, without a blood test or breathalyser establishing that the alcohol concentration exceeded the statutory limit under the Motor Vehicles Act, 1988, cannot establish drunken driving or justify framing a charge of culpable homicide not amounting to murder under Section 105 of the Bharatiya Nyaya...

Calcutta High Court Refuses To Quash Dowry Case, Says Woman Can File Complaint From Parent's Home If Cruelty Persists
The Calcutta High Court has refused to quash criminal proceedings against a husband and his family members in a dowry harassment and matrimonial cruelty case, holding that a woman who leaves her matrimonial home can initiate proceedings from the place where she takes shelter if the effects of cruelty continue there. The Court further held that withdrawal of proceedings under the Protection...

Custodial Assault To Extract Confession Not Official Duty, No Prior Sanction Needed To Prosecute Police Officers: Bombay High Court
Assaulting a suspect for a confessional statement would never be an act in discharge of official duty of any police officer, held the Bombay High Court while refusing to discharge three policeman, who had allegedly assaulted a man— forcing him to confess to a murder offence. [2026 LiveLaw (Bom) 319]Sitting at the Kolhapur bench, single-judge Justice Sandesh Patil noted that in the instant...

Gujarat High Court Grants Bail To Assault Accused After Sessions Court Declined To Decide Plea On Merits Amid Alleged Influence By HC Staff
The Gujarat High Court granted to bail to two accused booked in an assault case, after noting that the sessions court had without going into merits rejected their bail plea amid allegations of attempt by certain members of high court staff to influence the proceedings. [2026 LiveLaw (Guj) 192]Justice Hasmukh D Suthar noted that the FIR was registered against the applicants...

Rajasthan High Court Imposes 3-Year Social Media Ban On Youth Booked For Morphing Minor's Photos
The Rajasthan High Court has imposed a 3-year social media ban on a youth accused of morphing images of a minor and uploading them on social media with an intention to defame her.FIR was registered against him under the relevant provisions of the BNS, POCSO Act, and the Information Technology Act. The applicant, seeking bail, argued that he was in custody since April 2026, and was ready...

Bonafide Purchaser Of Court-Auctioned Property Can't Be Prosecuted For Cheating Without Proof Of Conspiracy: AP High Court
The Andhra Pradesh High Court has held that a bonafide purchaser of a property earlier sold in a court auction cannot be prosecuted for cheating and forgery in the absence of material showing that he conspired with the vendor or had knowledge of the earlier court auction. [2026 LiveLaw (AP) 118]The order was passed by Justice K. Sreenivasa Reddy while allowing a criminal petition filed by...

Acid Attack Leading To Death By Septicemia Months Later Constitutes Murder: Uttarakhand High Court Upholds Conviction
The Uttarakhand High Court has upheld the conviction of an accused under Sections 302, 326A and 504 of the Indian Penal Code, holding that the death of an acid attack victim due to septicemic shock more than two months after the incident did not break the chain of causation. The Court observed that where the medical evidence establishes that septicemia resulted from infected ante-mortem acid...

Karnataka High Court Quashes FIR Over Allegedly Anti-National Social Media Post After Woman Undertakes Not To Make Similar Posts
The Karnataka High Court has recently quashed an FIR registered against a 24-year-old woman hailing from Mangaluru for her allegedly anti-national and anti-Hindu social media posts, accepting her affidavit of regret and an undertaking to exercise caution in the future.[ 2026 LiveLaw (Kar) 241]A single-judge bench of Justice M. Nagaprasanna allowed the petition filed by Afeefa Fathima, a...
