BNS/IPC
Rape | Section 376 IPC Not Prima Facie Attracted Where Prosecution Material Shows Subsisting Marital Relationship: Rajasthan High Court
The Rajasthan High Court has partly allowed a criminal revision petition and quashed the charge of rape framed against a man, holding that Section 376 IPC was not prima facie attracted as the prosecution material itself showed that the parties were in a subsisting marital relationship at the relevant time. [2026 LiveLaw (Raj) 339]The bench of Justice Kuldeep Mathur reached this conclusion...
Mere Official Reprimand By Superior Not Abetment Of Suicide Without Intent To Drive Subordinate To Death : Supreme Court
The Supreme Court has held that ordinary administrative directions, disciplinary supervision, adverse remarks on official performance or even stern behaviour by a superior officer cannot, by themselves, be treated as abetment of suicide under Section 306 of the Indian Penal Code (IPC), unless there is additional material showing a conscious intention to drive the subordinate to take her...
Police Cannot Register FIR On Same Allegations If They Initially Treated Complaint As 'Non-Cognizable': Chhattisgarh High Court
The Chhattisgarh High Court has held that where the police initially treated a complaint as a non-cognizable dispute, registering an FIR on the very same allegations without any fresh material indicates that the dispute has been given a criminal colour. The Court further observed that non-fulfilment of a promise or breach of contractual terms cannot attract criminal liability in the absence...
Fleeing After Friend's Drowning, Though Reprehensible Conduct, Not Per Se Suggestive Of Murder: Supreme Court
The Supreme Court has held that fleeing from the spot after witnessing a friend drown and failing to inform the deceased's family, though “reprehensible” conduct, cannot by itself be treated as an incriminating circumstance to establish murder.A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran acquitted two individuals who were convicted over the death of a deceased...
Mere Participation in Protest March Does Not Make One Part of Unlawful Assembly: HP High Court
The Himachal Pradesh High Court has held that mere participation in a protest march does not, by itself, make a person a member of an unlawful assembly under Section 149 of the IPC. The Court observed that where the petitioners, after witnessing the violence, separated themselves from the unruly mob and attempted to save the teachers being assaulted, they could not be treated as members of...
Journalist's News Report Causing Embarrassment Doesn't By Itself Constitute Criminal Defamation: Kerala High Court
The Kerala High Court has recently held that a journalist would not be criminally liable for the offence of defamation for reporting on the arrest and registration of crime against a person. [2026 LiveLaw (Ker) 447]Justice C.S. Dias referred to Sections 499 [Defamation], 501 [Printing or engraving matter known to be defamatory] and 502 [Sale of printed or engraved substance containing...
Failure To Pay Balance Sale Consideration Cannot By Itself Amount To Cheating: Patna High Court
The Patna High Court has held that failure to pay the balance sale consideration under an agreement cannot by itself constitute cheating unless dishonest or fraudulent intention existed when the promise was made.A Single Judge Bench of Justice Alok Kumar Pandey observed that such intention cannot be presumed merely because a party subsequently failed to keep its promise.The case arose from a...
'Calculated Assault On Public Health': Karnataka High Court Upholds FIR Against Company Allegedly Re-Labeling & Selling Expired Food Products
The Karnataka High Court has dismissed a petition filed by Earth Recycler Pvt. Ltd. and its directors seeking quashing of the FIR registered against them for allegedly collecting expired food products, re-labelling them, and selling them to the unsuspecting public. [2026 LiveLaw (Kar) 301]The single judge bench of Justice M. Nagaprasanna observed that the allegations of re-labelling expired...
Orissa High Court Grants Pre-Arrest Bail To Lawyers & Claimants In Decade-Old False Accident Claims Cases
The Orissa High Court has recently granted anticipatory bail to 14 claimants and lawyers accused of laying false motor accident claims to syphon off huge amounts of compensation from insurance companies, even without registration of police complaints for involvement of vehicles in such accidents. [2026 LiveLaw (Ori) 94]Holding physical custody and interrogation of the petitioners unnecessary,...
'Strongly Deprecated': Meghalaya High Court Pulls Up Police For Registering FIR Under 'Appropriate Sections' Without Applying Mind
The Meghalaya High Court has strongly deprecated the police practice of directing registration of FIRs under “appropriate sections” without first examining whether the complaint discloses the commission of a cognizable offence. The Court observed that the police must apply their mind to the allegations, determine the appropriate offence and only thereafter take a decision...
'Debate On Reservation Cannot Become A Crime': Karnataka High Court Stays Proceedings Against Public TV Anchor
The Karnataka High Court on Thursday [August 13] granted an interim stay on all proceedings against Arunkumar Badiger, a news anchor with Public TV, who was booked for his remarks during a televised debate on the Delhi student protests, social justice system and reservation policy.The single judge bench of Justice M. Nagaprasanna took note of the transcript of the debate and the settled...
