BNSS/CRPC
HP High Court Quashes Case Against Woman Accused Of Disrupting Court, Says SDM Could Not Directly Lodge Police Complaint
The Himachal Pradesh High Court has quashed criminal proceedings against a woman accused of disrupting court proceedings, holding that the Sub-Divisional Magistrate who was presiding over the court at the time could not have directly approached the police.The Court held that under Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the complaint was required to be made in writing to the superior court or to the public servant to whom the complainant was administratively...
Promise To Marry Not Deceitful If Man Intended To Marry But Woman's Mother Refused: Karnataka High Court Grants Bail
Granting bail to man booked in a rape case, the Karnataka High Court observed that when a man who promises marriage subsequently approaches the woman's family seeking approval and where her mother refuses the proposal then it cannot be said that the man had no intention to fulfill the promise.The single judge bench of Justice S Vishwajith Shetty noted that the victim herself, in her statement recorded under Section 183 of BNSS, confirmed that after the alleged sexual act between them, the...
S. 362 CrPC Does Not Curtail High Court's Inherent Power To Recall Judgment Resulting In Miscarriage Of Justice: Supreme Court
The Supreme Court has held that Section 362 of the Code of Criminal Procedure (CrPC), which generally bars criminal courts from altering or reviewing a judgment after it has been signed, does not obliterate the High Court's inherent jurisdiction to recall an order or judgment when allowing it to stand would result in a miscarriage of justice.The Court made the observation while allowing...
Odisha Court Upholds Dismissal Of Complaint Against Ex-CM Naveen Patnaik & Former Secretary Over 'Misuse Of Public Funds' For Helicopter Trips
An Odisha Court upheld a magistrate's order dismissing a case against former CM and Biju Janata Dal (BJD) Supremo Naveen Patnaik and his then Private Secretary as well as '5T' Secretary V. Karthikeyan Pandian over alleged 300+ helicopter trips to different districts for meetings and campaigns, without sanction of funds from the government exchequer.While deciding the revision petition,...
'Child Should Not Be Treated As Criminal': Supreme Court Sets Aside Conviction On Juvenility Claim After 21 Years
The Supreme Court on Wednesday (02.09.2026) has set aside the 21-year old conviction of a man who was found to be a juvenile on the date of the offence, holding that a High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 (CrPC, now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) can be exercised to recall its own final judgment where a mistake by...
Alleged Illegal Detention, Assault Beyond Official Duty; No Sanction Needed To Prosecute Police Constable: Rajasthan High Court
The Rajasthan High Court has affirmed the order of the trial court and the revisional court to hold that no prosecution sanction under Section 197 CrPC was required before taking cognizance against the appellant-police officer who was accused of severely beating the respondent while the latter was allegedly under illegal detention.The bench of Justice Ravi Chirania affirmed that the act done...
S.311 CrPC | Court Can Recall Material Witnesses Even After Closing Evidence, Bar On Review Doesn't Apply During Trial: Rajasthan High Court
The Rajasthan High Court has held that the power of recall under Section 311 CrPC can be exercised by criminal courts even after the evidence of both sides is closed. It held that the consideration under the provision is not whether the evidence is closed, but whether the concerned evidence appeared essential for a just decision of the case.The bench of Justice Anil Kumar Upman further...
Informant's Consent Not Needed To Quash Criminal Case Based On Settlement With Victim : Supreme Court
The Supreme Court on Monday (August 31) held that even where an FIR involves non-compoundable offences, criminal proceedings may be quashed on the basis of a settlement once the real victim has categorically settled the dispute with the accused, and the consent of an informant who is not the victim is not necessary. “Disastrous consequences will arise if such informants (who are not...
Accused Re-Arrested Without Court Permission After Prior Arrest Was Vitiated Entitled To Bail: Kerala High Court
The Kerala High Court recently held that bail cannot be denied citing implied permission to re-arrest was given by the Magistrate when no application seeking the same was moved by the investigating officer. [2026 LiveLaw (Ker) 477]Dr. Justice Kauser Edappagath granted bail to an accused, who was re-arrested without prior judicial approval after his earlier arrest was vitiated due...
Fees Paid To Medical College Cannot Be Treated As 'Entrustment' Under Section 406 IPC: Jharkhand High Court
The Jharkhand High Court has held that payment of fees by a student or his parents to a medical college is a standard financial or contractual transaction and cannot be treated as “entrustment” of property for attracting the offence of criminal breach of trust under Section 406 of the Indian Penal Code.A Single Judge Bench of Justice Anil Kumar Choudhary made the observation while...
Jharkhand High Court Quashes Cheating Case Against Flipkart, E-Kart Employees Over Missing Shipments
The Jharkhand High Court has quashed criminal proceedings against an E-Kart Logistics official and a member of the Flipkart security team, observing that allegations of non-return of shipments could not constitute offences of criminal breach of trust or cheating against the individual employees when the alleged entrustment of property was to Flipkart, a company.A Single Judge Bench of...