S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers

The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash Vidyarthi made the observation while dealing with an appeal filed by a complainant challenging an order of the...

Supreme Court Quashes POCSO Case Lodged By Wife Against Husband's Sister, Flags Trend Of Dragging In-Laws Into Family Dispute

The Court observed that in-laws are dragged into matrimonial disputes.

Can POCSO Court Frame Charges Without Hearing Accused On Discharge? Andhra Pradesh High Court Answers

The Andhra Pradesh High Court has held that a POCSO Special Court cannot frame charges without first affording the accused an effective opportunity of hearing on the question of discharge as contemplated under Sections 250 and 251 BNSS.Clarifying that the POCSO Act's mandate for expeditious trials does not override the accused's statutory right to seek discharge, the Court observed that...

S.482 BNSS | Accused Need Not Surrender Before Jurisdictional Magistrate To Avail Anticipatory Bail: Andhra Pradesh High Court

The Andhra Pradesh High Court held that Section 438 CrPC/Section 482 BNSS does not require an accused to surrender before the jurisdictional Magistrate as a condition for availing anticipatory bail. While modifying the Sessions Court's direction requiring the petitioner to surrender before the jurisdictional Magistrate within seven days, the Court observed that an anticipatory bail order...

"Exceptional Violence": Bombay High Court Upholds Stricter Remission Category For Convict Who Murdered Woman For Refusing To Marry Him

The Bombay High Court recently upheld the decision of the Maharashtra Government to place a life convict under the 26-years imprisonment category, after noting that he had killed a woman, who had refused to marry her, in a brutal manner. A division bench of Justice Sarang Kotwal and Justice Ashish Chavan noted that the convict had killed the woman in an exceptionally brutal manner. "We...

Mere Transfer Of Defrauded Amount To Accused's Account Doesn't Establish Same Transaction To Club FIRs : Supreme Court

Part of defrauded amounts transferred to petitioner's bank account does not, by itself, establish all incidents form part of same transaction, the Court said.

Police Must Strictly Comply With Arnesh Kumar Safeguards; Procedural Lapses Cannot Be Taken Lightly: Chhattisgarh High Court

The Chhattisgarh High Court has held that strict adherence to the safeguards governing arrest and remand, particularly the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar, is of paramount importance and that procedural lapses by police officials cannot be treated casually. [2026 LiveLaw (Chh) 81]The Court observed that every police officer is under a...

Refusal Of Judicial Remand Doesn't Bar Further Investigation Or Taking Cognizance: Allahabad High Court

The Allahabad High Court has held that merely because judicial remand was earlier declined would not by itself preclude the Investigating Officer from conducting further investigation or prevent the court from independently considering the police report at the stage of taking cognizance.A bench of Justice Zafeer Ahmad made the observation while dismissing a criminal appeal challenging an order...

Dismissal Of Complaint Before Cognisance Is Not Acquittal, Can Be Challenged Under Section 528 BNSS: J&K&L High Court:

The High Court of Jammu & Kashmir and Ladakh has clarified the distinction between pre-cognizance dismissal of a criminal complaint and dismissal after issuance of process, holding that only the latter attracts Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and results in an acquittal appealable under Section 419(4).The court went on to explain that where a complaint...

Writ Of Mandamus Can't Be Issued For Non-Registration Of Criminal Case, BNSS Provides Efficacious Remedy: Allahabad High Court

The Allahabad High Court has held that a writ of mandamus cannot be issued in favour of a petitioner who is unable to show a legal right in himself and a corresponding public duty cast by law upon the authority. It held that where the grievance is in substance one of non-registration of a criminal case, the petitioner has an efficacious statutory remedy under Chapter XIII of the Bharatiya...

Telangana High Court Upholds Bail Cancellation After POCSO Accused Refuses DNA Test, Says It Amounts To Non-Cooperation

The Telangana High Court has upheld the cancellation of bail granted to an accused in a POCSO case after he refused to undergo a DNA test, holding that DNA profiling is a recognised investigative tool in sexual offence cases under Section 51 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).[2026 LiveLaw (Tel) 113]The Court held that an accused cannot refuse such examination by invoking...

Admission Of Issuing Cheque Alone Can't Be Treated As Plea Of Guilt In S.138 NI Act Case: J&K&L High Court

Delineating the limits of summary criminal procedure, the High Court of Jammu & Kashmir and Ladakh has held that a defence disclosed by an accused while recording his plea under Section 251 of the Code of Criminal Procedure cannot be converted into a plea of guilt merely because the accused admits issuing the cheque or expresses willingness to settle accounts.The Court ruled that unless...