BNSS/CRPC
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) 322]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...
24-Hour Clock For Production Runs From Formal Arrest Where Pre-Arrest Detention Is Statutorily Authorised: Kerala High Court Issues Guidelines
The Kerala High Court has issued a slew of guidelines that must be followed upon the arrest of persons in order to safeguard their constitutional and statutory rights. [2026 LiveLaw (Ker) 463]Dr. Justice Kauser Edappagath, while considering a batch of bail applications, further clarified that an accused has to be produced before the Magistrate only within 24 hours of formal arrest, and not...
Juvenile Sent To Judicial Custody In 5-Yr Offence: Allahabad High Court Warns Police, Magistrates Against Careless Arrests, Remands
The Allahabad High Court has once again cautioned police authorities and Judicial Officers against a "careless or callous approach" in matters of arrest and remand where the offence carries a maximum punishment of up to 7 years.The Court's observation was in relation to a habeas corpus plea concerning a juvenile who was repeatedly sent to judicial custody in a case where the maximum...
'Taking Liberty Of Citizens For Granted': Karnataka High Court Raps Police For Arresting Man Despite Notice To Appear Two Days Later
The Karnataka High Court has on August 25 [Tuesday] termed the simultaneous arrest of a person despite a statutory notice issued earlier under Section 35(3) of the BNSS, directing him to appear on a future date, as a 'classical illustration' of illegal arrest.The single judge bench of Justice M Nagaprasanna, while hearing the petition challenging the arrest and FIR, observed that the...
'Maintenance For Autistic Child Cannot Automatically Stop At 18 Yrs, Must Continue Till Child Is Capable To Earn': Chhattisgarh High Court
The Chhattisgarh High Court has held that mere attainment of majority cannot, by itself, result in automatic cessation of the right to receive maintenance in the case of a child suffering from a physical or mental abnormality or disability and unable to maintain himself. The Court observed that the relevant consideration would be whether, after attaining majority, such person is capable...
