BNSS/CRPC
'Wrong Statement' In Pleadings Not Necessarily A 'False Statement' : Supreme Court Quashes Perjury Case
The Supreme Court on Tuesday (July 21) set aside the perjury proceedings against a litigant and his counsel for allegedly making 'typographical errors' in a memorandum of an appeal, noting that every instance of wrong statements cannot be treated as a 'false statement' unless a deliberate falsehood is shown. A bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Bombay...
Failure To Communicate Grounds Of Arrest To Uneducated Accused In Understandable Manner Vitiates Arrest: Tripura High Court Grants Bail
The Tripura High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after holding that the prosecution failed to establish that the grounds of arrest were effectively communicated to him in a language he understood. The Court Noted that the investigating officer had described the accused as "uneducated" and admitted that he did not...
'74 Unnatural Deaths, Bodies Buried Without Following Procedure': Karnataka High Court Told In PIL To Inspect Dharmasthala 'Mass Burial' Sites
The mother of the girl who was allegedly raped and murdered in the temple town of Dharmasthala, told the Karnataka High Court on Tuesday (July 21) that there was 'a deeply disturbing pattern of unnatural deaths and disappearances' in and around the region.A Division Bench of the Chief Justice and Justice K.S. Hemalekha was hearing the PIL filed by the mother seeking a relief that the burial...
Family Courts Can't Accept Examination-In-Chief Evidence Via Affidavit In Maintenance Case, Violates S.126(2) CrPC Mandate: AP High Court
The Andhra Pradesh High Court held that Family Courts cannot examination-in-chief evidence in the form of affidavit in maintenance proceedings under Section 125 CrPC (Section 144 BNSS), as such procedure is contrary to mandatory requirement under S.126(2) CrPC which requires presence of person from whom maintenance is sought. [2026LiveLaw (AP) 141]In doing so, the Court set aside a Family...
Order Rejecting Plea To Recall Witness For Cross-Examination Is Interlocutory, Not Revisable: Rajasthan High Court
The Rajasthan High Court has held that an order rejecting an application under Section 311 CrPC seeking recall of a witness for cross-examination is interlocutory in nature and, therefore, cannot be challenged in revision proceedings under Section 397 CrPC. Justice Anoop Kumar Dhand set aside an order of the revisional court which had permitted the accused in a cheque bounce case to...
Uttarakhand High Court Transfers Corruption Trials Against Former Jim Corbett Director & Senior Forest Officials To Special CBI Court
The Uttarakhand High Court has directed the transfer of two vigilance cases against a former Director of the Corbett Tiger Reserve and other senior forest officials to the Special Judge, Anti-Corruption, CBI, Dehradun, holding that the designated CBI Court alone has jurisdiction to try cases investigated by the Central Bureau of Investigation. The Court observed that once the CBI had...
'At Best Deficiency In Service': AP High Court Quashes Cheating FIR Over Supply Of Inferior Quality Oxygen Plant During Covid-19 Pandemic
The Andhra Pradesh High Court quashed cheating FIR against the Chief Executive Officer of a company accused of supplying inferior and substandard quality of oxygen plant during the COVID-19 pandemic, holding that the allegation at best amounts to deficiency in service and would not attract criminal offences. [2026 LiveLaw (AP) 139]Before Justice K. Sreenivasa Reddy was a petition filed by...
Uttarakhand High Court Quashes Maggi Noodles Misbranding Case Against Nestlé, Says Food Analyst's Report Was Legally Unsustainable
The Uttarakhand High Court has quashed criminal proceedings against Nestlé India Limited and other applicants arising out of a Food Analysis Report alleging that “MAGGI 2-Minute Noodles” were “misbranded” and “unsafe” and in contravention of various sections of the Food Safety and Standards Act, 2006. Observing that the prosecution was founded on a Food Analyst's report issued by...
Hearing Accused At Pre-Cognizance Stage Mandatory Under BNSS For Offences Under SEBI Act: Bombay High Court
The Bombay High Court has held that the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating an opportunity of hearing to the accused before taking cognizance of a complaint applies to prosecutions under the Securities and Exchange Board of India Act, 1992. The Court observed that the Special Court could not take cognizance of an offence under the SEBI...
How Can Dead Witness's Testimony Be Used Against Accused Who Absconded? Supreme Court Explains S.299 CrPC
The Supreme Court has clarified that the earlier testimony of a witness who has since died can be used against an accused who had absconded during the original trial, provided the conditions under Section 299 of the Code of Criminal Procedure, 1973 (CrPC) are satisfied.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that Section 299 CrPC is an exception to the general rule...
Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court
The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC...
