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...

Pouring Kerosene On Wife And Telling Her To Die Constitutes Abetment To Suicide Even If She Ignited Herself: Bombay High Court

The Bombay High Court has held that pouring kerosene on wife and telling her to die amounted to active instigation and provocation for abetment of suicide under Section 306 IPC, upholding the conviction of a husband whose wife subsequently set herself on fire. The Court observed that although the deceased herself ignited the fire, the accused had put her in a situation where she took the...

2009 SC/ST Atrocity Case: Karnataka High Court Upholds Acquittal Of 26 Booked For Pulling Down Dr BR Ambedkar's Portrait

The Karnataka High Court dismissed State's appeal against the acquittal of 26 persons over an incident of pulling down of Dr BR Ambedkar's portrait in Chamarajanagar. [2026 Livelaw (Kar) 408]Upholding trial court's order, the High Court said that the material contradictions in the eye witness statements, among many other factors had led the trial court to acquit the accused and there was no...

'Mindset Needs To Change': Bombay High Court Criticises Practice Of Prosecutors 'Vehemently' Opposing Bail Despite Long Incarceration

The Bombay High Court on Wednesday (October 7) criticised the 'practice' of the public prosecutors to 'vehemently' oppose bail applications even in cases of long incarceration. The High Court said that even in cases where an accused is behind the bars for years altogether, the prosecutors oppose the bail applications citing the 'severity' of the crime. Single-judge Justice Milind Jadhav made...

Procedural Violation Will Not Vitiate Seizure But Can Affect Evidentiary Value : Supreme Court

"The burden of proving a valid seizure of the articles is on the prosecution"

'Case Of Adolescent Love': Gujarat High Court Quashes POCSO FIR, Says Girl Voluntarily Left Parent's Home

The Gujarat High Court quashed a kidnapping and POCSO case against a man after noting that this was a case of "adolescent love" wherein the girl was in relationship with the accused and had voluntarily left her parents home as her father was pressuring her to marry someone else. [2026 LiveLaw (Guj) 276]The court was hearing a man's plea seeking quashing of an FIR under Sections 363...

Karnataka High Court Grants Bail In Section 69 BNS Case, Says Promise To Marry Was Made After Sexual Intercourse

The Karnataka High Court granted bail to a 26-year-old man accused of sexual intercourse by deceitful means under Section 69 BNS, observing that the complainant's own statement indicated that the alleged promise to marry was made 'after' the physical relationship and not before. [2026 LiveLaw (Kar) 406]Section 69 states that whoever, by deceitful means or by making promise to marry a...

Obscene Words, General Abuse At Woman Not Offence U/S 354A(1)(iv) IPC If No Allegation Of Sexually Coloured Remark: Kerala High Court

The Kerala High Court recently held that utterance of general abuse or obscene words at a woman without any specific allegation of a sexually coloured remark would not attract the offence of sexual harassment as per Section 354A(1)(iv) of the Indian Penal Code. [2026 LiveLaw (Ker) 563]Justice Jobin Sebastian observed:“the mere utterance of obscene words would not, by itself,...