BNSS/CRPC
Patna High Court Quashes Defamation Case Over Ramdev Book, Says Disciples Cannot Claim To Be Aggrieved
The Patna HC has held that a person cannot initiate criminal defamation proceedings merely because he is a follower or disciple of the individual allegedly defamed. The Court observed that under Section 199(1) of the Code of Criminal Procedure (CrPC), a complaint for criminal defamation must be instituted by a person aggrieved by the alleged offence, and that personal sentiments or association cannot satisfy this statutory requirement.A Single Judge Bench of Justice Alok Kumar Sinha quashed...
Clerical Error Led To Withdrawal Of Cheque Bounce Cases: Rajasthan High Court Says Writ Not Maintainable, Remedy Lies Under BNSS
The Rajasthan High Court has dismissed the petitions filed against Lok Adalat's orders that accepted withdrawal applications filed by the petitioner-financial institution, allegedly erroneously, against the secured creditors from whom no recovery was made. The Court opined that there was no justified reason to invoke writ jurisdiction when a remedy under BNSS was available. The bench of...
Discharge Plea Can Be Filed Without Obtaining Bail; Accused Can Seek Exemption From Appearance U/S 355 BNSS: Allahabad High Court
HC says an accused can seek discharge without first seeking bail and apply for exemption from personal appearance on cogent grounds.
Does Parole Temporarily Suspend Sentence? Rajasthan High Court Refers Key Questions To Larger Bench
The Rajasthan High Court has referred three questions concerning the applicability of parole rules to a larger bench for authoritative determination.The first question is whether parole applications should be considered under the Rajasthan Prisoners (Release on Parole) Rules, 1958, which were in force on the date of conviction, or under the 2021 Rules, which are in force when the application...
Citing Victim's Privacy, Kerala High Court Denies CCTV Copies To POCSO Accused, Allows Counsel To View Footage
The Kerala High Court, in a recent order, struck a balance between the accused's right to fair trial and the victim's right to privacy by permitting the accused's counsel to view a CCTV footage taken at the place of occurrence while refusing to give a copy of the same in order to safeguard a POCSO victim's privacy. [2026 LiveLaw (Ker) 609]Justice Jobin Sebastian directed the trial judge to...
Defamation Complaint Can't Be Referred To Police For Investigation Under Section 156(3) CrPC: Karnataka High Court
The Karnataka High Court has held that a Magistrate cannot refer a private complaint alleging defamation punishable under Section 500 IPC to the police for investigation under Section 156(3) of the Code of Criminal Procedure (CrPC).Consequently, Justice H.P. Sandesh quashed the Trial Court's order that referred the defamation case to police for probe and subsequently took cognizance based on...
Tripura High Court Upholds Husband's Life Term For Wife's Murder, Cites Cruelty Over Money Demands And Failure To Explain Death
The Tripura High Court has upheld the life sentence imposed on a husband for murdering his wife by manual strangulation, observing that the prosecution had established an unbroken chain of circumstantial evidence proving his guilt beyond reasonable doubt. The Court observed that the deceased had been repeatedly subjected to cruelty over demands for money and that the husband failed to...
'No Special Circumstances': Gujarat High Court Rejects Plea Seeking Direction To Register FIR, Cites Remedy Under BNSS
The Gujarat High Court has reaffirmed that a writ petition under Article 226 of the Constitution of India for the registration of a FIR is premature and not maintainable when an efficacious alternative statutory remedy is already available under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). [2026 LiveLaw (Guj) 299]Consequently, Justice J.C. Doshi dismissed the petition seeking...
Kerala High Court Grants Pre-Arrest Bail To Lawyer Accused Of Sexually Harassing Junior Lady Advocate
The same lawyer was earlier granted bail by HC in a case initiated by another lady advocate accusing him of the same offence.
Can Trial Court Entertain Second Plea U/S 216 CrPC To Add Or Alter Charge After Earlier Rejection? Allahabad High Court Answers
The Allahabad High Court has observed that a trial court can entertain a second application seeking alteration or addition of a charge under Section 216 CrPC, even after an earlier application for the same relief was rejected.A bench of Justice Saurabh Srivastava, however, clarified that the power to entertain such plea is available only before pronouncement of judgment of the...