BNS/IPC
AP High Court Commutes Death Penalty Of Murder Convicts, Says 'Rarest Of Rare' Test Not Met If Accused Amenable To Reform
The Andhra Pradesh High Court has held that capital punishment cannot be imposed unless the case falls within the "rarest of rare" category and the court is satisfied that the possibility of reform and rehabilitation of the accused is unquestionably foreclosed. [2026 LiveLaw (AP) 162]Commuting the death sentence awarded to two convicts to rigorous imprisonment for life without remission,...
Father Taking Away His Own Minor Child From Mother's Custody Doesn't Constitute Kidnapping: Jharkhand High Court
The Jharkhand High Court has held that a father, being the natural guardian of his minor child, cannot be prosecuted for kidnapping under Section 363 of the Indian Penal Code merely for taking away his own son from the custody of his wife. The Court observed that the essential ingredients of the offence are not satisfied where the accused himself is the child's natural guardian.A Single...
Recovery Of Stolen Property Alone Can't Sustain Murder Conviction, Attracts Only Section 411 IPC: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that mere recovery of stolen property from an accused is not enough to convict them for murder, robbery, or lurking house trespass based only on circumstantial evidence. [2026 LiveLaw (AP) 161]The Court said the prosecution must prove a complete chain of circumstances that clearly connects the accused to the crime. If it fails to do so, recovery of...
Advocates Must Pay Toll Like Everyone Else, Can't Claim Special Treatment: Madras High Court Quashes Case Over Protest
The Madras High Court has quashed criminal proceedings against lawyers who staged a protest demanding that the Trichy-Chennai highway be made toll-free for advocates, holding that the demonstration was an exercise of their democratic right to protest and did not attract the ingredients of any criminal offence. [2026 LiveLaw (Mad) 346]The Court, however, stated that a road cannot be made...
Teacher Reprimanding Student For Irregular Attendance, Poor Academic Performance Not Abetment Of Suicide: Rajasthan High Court
The Rajasthan High Court has quashed charges under Section 305 IPC against teachers accused of abetting the suicide of a Class XII student, holding that mere reprimand or disciplinary action for poor attendance, academic performance or indiscipline cannot amount to abetment of suicide in the absence of instigation, intentional aid or the requisite mens rea. [2026 LiveLaw (Raj) 304]The bench...
Gauhati High Court Upholds Teacher's POCSO Conviction For Touching Minor's Body With Stethoscope, Pressing Breast & Private Parts
The Gauhati High Court last week upheld the conviction of a school teacher under POCSO Act holding that inappropriately touching a minor's body using a stethoscope, touching her breast, applying ointment on abdomen and touching her private parts on pretext of giving medical examination amounts to sexual harassment.The single judge bench comprising Justice Pranjal Das...
Allahabad High Court Sends 82 Y/O Murder Convict Back To Jail After 40 Yrs; Says It Can't Reduce Sentence By Invoking Article 142
The Allahabad High Court recently dismissed the appeal of an 82yearold man convicted of murdering his brother in 1984 and directed him to surrender to serve the remaining part of his life sentence. A Bench of Justice Atul Sreedharan and Justice Jai Krishna Upadhyay found that the evidence on record did not disclose any mitigating circumstances warranting conversion of the...
Orissa High Court Grants Bail To Woman Accused Of Torching Vehicles Near High Court Premises
The Orissa High Court has granted bail to a woman who, in March this year, threw a burnt bottle containing petrol towards the High Court premises as a result of which four vehicles parked nearby the boundary wall caught fire and were damaged.Considering the fact that the accused-petitioner is a lady who has a five-year-old son, the Bench of Justice Gourishankar Satapathy...
Gujarat High Court Quashes Cheating Case Against Ducati Over Alleged Failure To Supply Bikes To Dealer
The Gujarat High Court recently quashed a cheating case against Italian bike company Ducati and its representatives over its distributor's alleged failure to supply bikes to a dealer.[2026 LiveLaw (Guj) 206]The court held that the complainant had entered into an "exclusive agreement" only with the distributor, wherein it was clearly stated that agreements entered into by distributor shall not...
Use Of Expression 'Hindu Terrorism' In Speech Calling For Unity Not Offence Of Provocation In Absence Of Any Act: Madras High Court
The Madras High Court recently held that merely uttering the word “Hindu Terrorism” will not attract the offence of provocation when the same was not followed by any act on the part of the person commenting. [2026 LiveLaw (Mad) 342] Justice Bharatha Chakravarthy thus quashed a criminal case registered against a man for allegedly making provocative speech during a public meeting....
Police Official's Bonafide Failure To Produce Case Diary Not Offence, Else There Will Be 'Flood' Of Complaints: Rajasthan High Court
The Rajasthan High Court has quashed criminal proceedings initiated against a Station House Officer (SHO) under Section 175 of the Indian Penal Code (IPC), holding that a bona fide failure to produce a case diary due to non-receipt of communication from the Public Prosecutor cannot attract criminal liability. [2026 LiveLaw (Raj) 300]Section 175 IPC penalises the intentional omission to produce...