If Prosecution Fails To Examine Crucial Witness, Trial Court Must Question It : Supreme Court

The trial court cannot be a moot spectator during the trial and must actively participate to ensure that the best evidence is not suppressed, the Court said.

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...

S. 313 CrPC | No Adverse Inference Against Accused For Failing To Explain Circumstance Not Put To Him: Allahabad High Court

The Allahabad High Court has observed that no adverse inference could be drawn against an accused for failing to explain a circumstance or piece of evidence on which he was not questioned by the trial Court under Section 313 CrPC.A bench of Justice Subhash Vidyarthi made the observation while allowing 2 connected criminal appeals and acquitting 3 accused who had been convicted under Section...

Karnataka High Court Issues Guidelines For Trial Courts & Police On Section164 CrPC Statement, Says Copies Must Be Furnished To Accused

Upholding the right to a fair trial, the Karnataka High Court has recently acquitted a POCSO accused, while simultaneously issuing suo motu guidelines for Investigating Officers and trial Courts on recordview of Section 164 CrPC [Section 183 BNSS] statements, as well as the mandatory furnishing of statements recorded to the accused. [2026 LiveLaw (Kar) 320]The Division Bench of Justice...

'Romantic Relationship, Proposal To Marry Cannot Dilute POCSO Act': Uttarakhand High Court Denies Bail Over Minor's Sexual Assault

The Uttarakhand High Court has held that “the plea of romantic relationship and subsequent proposal to marry cannot dilute the statutory protection granted to minor child under the POCSO Act,” thus reiterating that a minor's consent is “completely irrelevant in the eyes of law.”Applying this to the present case, the Court also took note of the allegation that the accused had concealed...

Allahabad High Court Directs Inquiry Into Summons, Warrants Discrepancy Between Court Order-Sheets, Police Records

Discrepancy in the issuance, transmission or execution of summons, warrants or non-bailable warrants not only affects the rights of the accused but also raises serious questions regarding the maintenance and sanctity of the judicial record, Allahabad HC Said.

Karnataka High Court Slams Police For 'Illegal' Arrest Of Activist Over Post On Kunal Kamra's Show Cancellation

The Karnataka High Court on August 28[ Friday] came down heavily on the Whitefield Police for what it termed as a recurring pattern of illegal arrests by the Station, by allegedly misusing the provision under Section 35(3) BNSS.The single judge bench of Justice M.Nagaprasanna, while hearing a petition filed by Hindu activist Mohan Gowda challenging the registration of an FIR and his arrest...

Arrest Grounds Must Be Communicated To Arrestee, Relative Before Production Before Magistrate For Transit Remand: Kerala High Court

The Kerala High Court has held that arrest of a person would be vitiated if the arrestee's relative/friend/nominated person is not informed of the arrest grounds when first produced before the nearest, non-jurisdictional magistrate for transit remand. [2026 LiveLaw (Ker) 465]Dr. Justice Kauser Edappagath observed: “when a person who is arrested is brought before a non-jurisdictional...

'Stop This Police Raj': Karnataka High Court Imposes ₹3 Lakh Personal Costs On IO & Superiors Over Illegal Arrest

The Karnataka High Court has come down heavily on the police for what it termed 'police raj', declaring the arrest of a witness in connection with a disputed Will as illegal and imposing exemplary costs of Rs 3,00,000 on the Investigating Officer, and his superior officers for dereliction of supervisory duty. The petitioner-witness, who is accused no.2 in the FIR lodged in connection with...