BNSS/CRPC
'Accused Not Named In FIR, Remand Report Or Chargesheet': Telangana HC Probe Into Alleged Illegal Detention By Police
The Telangana High Court has directed the Director General of Police to register a crime/FIR and entrust investigation to a Special Investigation Team (SIT) or CB-CID on a petition alleging illegal detention, coercion and abuse of authority by police officials.A Single Judge Bench of Justice N. Tukaramji observed:“This inconsistency raises serious concerns regarding the legality of...
FIR Number Allegedly Prepared Before FIR Registration Raises Material Doubt About Recovery: Uttarakhand HC Grants Bail In NDPS Case
The Uttarakhand High Court has granted bail to two accused booked under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that the appearance of the FIR number on the inventory report and arrest memo, which according to the prosecution had been prepared before registration of the FIR, constituted a material procedural infirmity that prima facie cast doubt on...
S. 173(8) CrPC | Magistrate Can Direct Further Investigation Even Without Prayer From Investigating Agency/ Complainant: Orissa High Court
The Orissa High Court has held that a Magistrate or a Special Judge is empowered to direct further investigation under Section 173(8) of the Code of Criminal Procedure (CrPC), even without any formal prayer from investigating agency or complainant, in a case where the investigating agency has submitted a final form due to lack of evidence.Clarifying the position of law vis-à-vis power of...
Trial Court Can't Summon Doctor In Medical Negligence Case Without Awaiting Expert Opinion It Sought: Punjab & Haryana High Court
The Punjab and Haryana High Court has set aside a summoning order issued against a doctor in a criminal complaint alleging medical negligence, holding that the trial court acted perversely in proceeding without awaiting an expert opinion which it had itself directed to be obtained.Justice Surya Pratap Singh noted, "it abundantly clear that there was a direction by the learned trial Court to...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: May 2026
SUPREME COURT Pre-Cognizance Hearing Of Accused Mandatory For PMLA Complaint When Cognizance Taken After BNSS: Supreme Court Cause Title: PARVINDER SINGH VERSUS DIRECTORATE OF ENFORCEMENT In an important ruling, the Supreme Court has held that where cognizance of an alleged offence under the Prevention of Money Laundering Act, 2002 is taken by a magistrate after the commencement of...
Deceased Victim's Legal Heirs Fall Under Ambit Of Section 2(wa) CrPC, Entitled To Continue Appeal Against Acquittal: Rajasthan High Court
Rajasthan High Court has held that legal representatives/heirs of the victim fall under the ambit of the term “victim” under Section 2(wa) CrPC, and thus have the right to continue prosecution against the accused in the event of the victim's death.The bench of Justice Anoop Kumar Dhand further observed that while many amendments were made in favour of the victim, giving them right to...
Janhavi Gadkar Drunk Driving Case | Not Inclined To Permit Sale Of Offending Audi Car: Bombay High Court
The Bombay High Court on Thursday (June 11) expressed that it was not prima facie inclined to allow Janhavi Gadkar, the corporate lawyer booked in the high-profile drunk driving case, to sell her Audi Q5 car, which had collided with a taxi on the Eastern Freeway and killed two persons in June 2015.Single-judge Justice Madhav Jamdar, said that permitting to sell the vehicle in question...
SC/ST Act | Cognizance, Charge-Framing Orders Are Appealable U/S 14A, Can't Be Challenged Directly U/S 482 CrPC: Rajasthan HC
The Rajasthan High Court dismissed a petition challenging order of cognizance and framing charges under the SC/ST Act, 1989 (“the Act”) opining that these orders were appealable under Section 14A of the Act. The bench of Justice Anoop Kumar Dhand held that the order of taking cognizance and order of framing charges were not interlocutory in nature, and as per Section 14A of the Act, an...
'Actuated By Malafide At Many Levels': Patna High Court Quashes S.319 CrPC Order Passed By ADJ Accused Of Seeking Money
The Patna High Court has quashed an order summoning a man to face trial under Section 319 CrPC in a murder case, holding that the proceedings appeared to be “actuated by malafide at many levels” and that the evidence relied upon by the Trial Court was “extremely insufficient” to justify invocation of powers under Section 319 CrPC. A Single Judge Bench of Justice Ansul was hearing...
Court Does Not Become 'Functus Officio' After Directing Probe Under S.156(3) CrPC, Must Call For Progress Reports: Rajasthan High Court
Rajasthan High Court held that once the direction for investigation was issued by the Criminal Court in terms of Section 156(3), CrPC, it does not become functus officio, but remained under an obligation to call for progress reports in case it found that the investigation was not completed within a reasonable time. The bench of Justice Rekha Borana observed that the Court had noticed many...
'Brazen Violation Of Article 21': MP Court Directs FIR Against 4 Cops For Allegedly Trespassing Complainant's Home, Assaulting Women & Minor
A Magistrate Court in Datia, Madhya Pradesh has directed registration of an FIR against four police officers for allegedly trespassing into a residence and assaulting family members–including a woman and a minor child, observing that their actions bore no rational or reasonable nexus with the discharge of official duties and were rather a brazen violation of law.The order was passed by...
