BNSS/CRPC

2016 Kopardi Gang Rape Case: Bombay High Court Judges To Visit Spot Of Incident Before Hearing Final Arguments In Death Reference
Before hearing the final arguments in the appeals filed by the convicts in the infamous Kopardi gang rape case challenging their death sentence, the Bombay High Court on Tuesday (September 22) said it will first visit the spot where the minor girl was allegedly ravished and killed by the convicts.A division bench of Justice Bharati Dangre and Justice Ashish Chavan have decided to visit the...

Sessions Court Cannot Impose Special Category Sentence Barring Statutory Remission And Commutation : Supreme Court
The Supreme Court on Thursday (September 24) reiterated that a Sessions Court cannot impose a special-category sentence directing a convict to remain in prison for the remainder of their natural life by excluding the statutory remission and commutation regime. “…we are of the view that there is no doubt that the Trial Court was competent to impose the punishment of imprisonment for life upon the appellants for the offence under Section 302 read with Section 34 IPC, however, at the same time,...

Bombay High Court Refuses To Quash FIR Against Doctors Booked For Switching Off Oxygen Supply
The Bombay High Court on Wednesday (September 23) refused to quash a First Information Report (FIR) lodged against three men of the same family, booked for switching off the oxygen supply of an ICU ward in a hospital in Pune. Single-judge Justice Ranjitsinha Bhonsale said that there was a prima facie strong case against the three men, all of whom are practising doctors."In my considered opinion, the facts of the case do not make out a cause to exercise the inherent jurisdiction of the Court...

S 156(3) CrPC Order Is Pre-Cognizance Step, Sanction Under S 197 CrPC Not Required At That Stage: Supreme Court
The Supreme Court has recently held that a Magistrate's direction under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC, now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) directing registration of an FIR and investigation is a pre-cognizance step, and the requirement of prior sanction under Section 197 CrPC (now Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023) to prosecute public servants applied only at the stage of taking cognizance, not at the stage...

Victim Can't Introduce Evidence At Trial Which Is Not Included In Chargesheet By Prosecution: Orissa High Court
The Orissa High Court has held that a victim in a criminal case cannot be permitted to introduce an evidence/material at the stage of trial which was not included in the charge-sheet by the prosecution. [2026 LiveLaw (Ori) 113]While highlighting procedural silence regarding the same and need for safeguarding rights of accused, the Bench of Justice V. Narasingh observed–“Though it is...

Magistrate Cannot Revert To Pre-Cognizance Stage And Invoke S.156(3) Cr.P.C. Once Inquiry Is Taken Up U/ S 202: Bombay High Court
The Bombay High Court has held that once a Magistrate takes cognizance of a complaint and proceeds under Chapter XV of the Cr.P.C., the Magistrate cannot revert to the pre-cognizance stage and invoke Section 156(3) to direct police investigation. The Court observed that the Magistrate's order directing investigation under Section 156(3) after calling for a report under Section 202 was contrary to the scheme of the Cr.P.C.Justice Ranjitsinha Raja Bhonsale was hearing an application filed under...

Vadakara MDMA Case: Kerala High Court Grants Bail To Two Teachers Booked Under NDPS Act
The Kerala High Court granted bail to two teachers, Kavya K. and Keerthana K.C., who were arrested in the Vadakara MDMA case. [2026 LiveLaw (Ker) 523]The case relates to the drug trafficking case, involving school teachers and special educators as financial intermediaries.Dr. Justice Kauser Edappagath today granted bail to third accused Kavya, who was arrested on July 25. The judge had,...

Delay In Re-Submitting Final Report After Curing Formal Defects Not Ground For Default Bail: Kerala High Court
The Kerala High Court has held that default bail cannot be granted merely because there was delay in re-submitting the final report, which was submitted within the statutory period and returned only for curing formal defects. [2026 LiveLaw (Ker) 521]Dr. Justice Kauser Edappagath reasoned:“Where a final report is returned only for curing formal defects, the permission granted is to rectify...

Kerala High Court Grants Bail To Reporter TV MD Anto Augustine Arrested In Alcohol Possession Case
The Kerala High Court on Tuesday (September 22) granted regular bail to Reporter TV Managing Director Anto Augustine, who is booked in an excise case for illegal possession of large quantities of alcohol in his residence in Wayanad. [2026 LiveLaw (Ker) 519]Dr. Justice Kauser Edappagath noted that recovery was effected in the case already and that Augustine was also handed over to...

Karnataka High Court Mandates Admitting, Marking Of Undisputed Documents Under S.330(3) BNSS To Ensure Speedy Trial
The Karnataka High Court has mandated all the trial courts in the State to adhere to Section 330 BNSS, corresponding to Section 294(3) CrPC, to ensure the fundamental right to a speedy trial. Under Section 330(3) of the BNSS, if the genuineness of a document is undisputed, it can be admitted as evidence in any inquiry, trial or other proceeding under BNSS without formally proving the signature...

Police Statement That 'Sufficient Material Exists To File Chargesheet' Doesn't Mean Default Bail Can Be Granted : Supreme Court
A prosecution's statement in an extension application that sufficient material exists to file a charge sheet cannot be treated as an admission that the investigation is complete, the Court said.

S.144 BNSS | Disputed Marital Relationship Requires Evidence At Trial: Gauhati High Court Refuses To Quash Maintenance Proceedings
The Gauhati High Court has held that maintenance proceedings cannot be quashed where the nature of the alleged marital relationship between the parties requires determination through evidence at trial.Justice Sanjeev Kumar Sharma observed, "Although the contradictory statements of the respondent made in different proceedings as to the dates and places of marriage do create some doubt...
