BNSS/CRPC
Kerala High Court Upholds Order Directing FIR Against Three Police Officers In Ponnani Rape Case
Rape allegations against police officers are not protected by BNSS safeguards for acts done in official duty, Court held.
J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud
The High Court of Jammu & Kashmir and Ladakh has refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.Holding that the allegations disclosed commission of cognizable offences under the...
Allahabad High Court Directs Criminal Prosecution Of Litigant & Her Lawyer For 'Forging' Signatures On Affidavits In PIL
Matter will be tried by jurisdictional Magistrate at Prayagraj.
Failure To Impose Fine U/S 307 IPC Is A Sentencing Error; Cannot Rectify It In Appeal Filed Solely By Convict: Allahabad High Court
The Allahabad High Court has observed that it is mandatory for the trial court to impose fine along with jail term for convictions under Section 307 (Attempt to Murder) and the failure to do so is an error in sentencing. A bench of Justice Santosh Rai, however, clarified that in the absence of an appeal either by the State or the complainant seeking enhancement of the sentence by...
Solar Scam: Kerala High Court Quashes Criminal Case Against Former Chief Minister's Personal Staff Tenny Joppen
Court noted that the dispute has been amicably settled.
MD Not Liable For Content In Newspaper Unless Specific Role Alleged: J&K&L High Court Quashes Complaint Against TOI's Vineet Jain
The High Court of Jammu & Kashmir and Ladakh has quashed a criminal complaint and the proceedings emanating therefrom against Vineet Jain, Managing Director of M/s Binnet Coleman and Co. Ltd., which owns the newspaper "Times of India", holding that the petitioner cannot be held liable for the content published in the newspaper in the absence of specific allegations against him.A Bench...
Karnataka High Court Quashes FIR Against BJP MLA Munirathna Over Allegation Of Forcing People To Wear Party Shawl During Elections
Court noted that offence under Section 171C IPC, which deals with undue influence at elections, requires a complaint by competent authority.
Gameskraft Case | Karnataka High Court Questions ED's Argument That PMLA Freezing Proceedings Under PMLA Are Civil In Nature
The Karnataka High Court on Tuesday[July 14] questioned the Enforcement Directorate's contention that freezing proceedings under Section 17(1-A) of the PMLA are civil in nature, prima facie observing that the 'entire edifice of the money laundering act is based on proceeds of crime'.The High Court was hearing a writ petition filed by Gameskraft Technologies Private Limited and five...
Accused Cannot Flag Non-Compliance Of S.202 CrPC To Scuttle Cheque Bounce Proceedings At Stage Of Final Arguments: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that although an inquiry under Section 202 of the Code of Criminal Procedure (corresponding to Section 225 of the BNSS) is mandatory before issuance of process where the accused resides beyond the territorial jurisdiction of the Magistrate, non-compliance with that requirement cannot be invoked to derail proceedings after both parties...
Proclaimed Offender Not Entitled To Anticipatory Bail Unless 'Rare & Exceptional' Case Made Out: Allahabad High Court
The Allahabad High Court on Tuesday reiterated that an accused who has been declared a proclaimed offender after deliberately evading court and investigation is ordinarily not entitled to the extraordinary relief of anticipatory bail. "…the law is discernible on the point that as per normal rule, anticipatory bail cannot be granted to an accused who is absconding or concealing...
'Priest Who Conducted Ceremony Need Not Be Examined To Prove Marriage': Calcutta High Court Sets Aside Acquittal In Bigamy Case
The Calcutta High Court has held that insisting on the examination of the priest who conducted the second day's marriage ceremonies to prove a Hindu marriage stretches the standard of proof "beyond rational, logical and legal limits." Setting aside a 30-year-old acquittal in a bigamy case, the Court observed that once several witnesses consistently testify to the marriage and...
