BNSS/CRPC
'Helpless Girl' Allegedly Murdered By Own Family: Allahabad High Court Denies Anticipatory Bail To Aunt, Uncle In 'Honour Killing' Case
The Allahabad High Court last week refused anticipatory bail to the aunt (bua) and uncle (fufa) of a woman allegedly murdered in an 'honour killing' in Agra, observing that the case involved serious allegations and that the applicants' custodial interrogation was necessary to unearth the truth.The Court also noted that the applicants had allegedly remained absconding for the past 7 months...
S.397(2) CrPC | Order Refusing Additional Evidence At Appellate Stage Is Interlocutory, Revision Not Maintainable: AP High Court
The Andhra Pradesh High Court has held that a criminal revision petition is not maintainable against an interlocutory order rejecting an application to adduce additional evidence at the appellate stage. [2026 LiveLaw (AP) 170]The Court clarified that such an order does not determine the substantive rights of the parties and is therefore barred from revision under Section 397(2) of the Code...
Can CBI Re-Arrest Accused Granted Bail On Technical Grounds Without First Obtaining Bail Cancellation Order? Gauhati High Court Answers
The Gauhati High Court has held that an investigating agency can re-arrest an accused who was granted bail on procedural technicalities rather than on merits, without first obtaining an order cancelling the bail.Justice Sanjeev Kumar Sharma dismissed a criminal petition challenging a Special Judge's order issuing a production warrant and permitting the Central Bureau of Investigation (CBI)...
S. 451/457 CrPC | Decision On Interim Release Not Based On Title, Court Only Sees Who Entitled To Possession : Supreme Court
The Supreme Court has clarified that the power of the courts to order an interim release of a seized material under the Cr.P.C / BNSS is not an adjudication of ownership, but a prima facie assessment of who is best entitled to possession.“The exercise of this power requires the Court to make only a prima facie assessment of who is best entitled to possession, having regard to the nature of...
Witness Testimony Recorded Without S.299 CrPC Order Can't Be Later Used Against Accused Who Absconded : Supreme Court
The Supreme Court on Friday (July 31) observed that evidence recorded in a trial against one accused cannot be used against an absconding accused in a subsequent trial unless an order under Section 299 Cr.P.C. / Section 335 BNSS was passed establishing the two jurisdictional facts, i.e., the accused was absconding and that there was no immediate prospect of arresting him. A bench...
'1.45 Lakh Cases Pending Without Closure Report Despite Completed Investigation': Chhattisgarh High Court Seeks DGP's Reply
The Chhattisgarh High Court has directed the Director General of Police to file an updated status report on cases in which investigations have been completed but closure reports have not yet been filed before the competent courts. The Court noted that despite a reduction in the backlog, over 1.45 lakh such cases remained pending.A Division Bench of Chief Justice Ramesh Sinha and Justice...
Maintenance Granted Under HAMA Can't Be Enhanced Under Section 127 CrPC: Orissa High Court
The Orissa High Court has held that a Family Court cannot exercise its jurisdiction under Section 127 of the Code of Criminal Procedure (CrPC) to enhance maintenance amount when the original maintenance order was passed under the Hindu Adoption and Maintenance Act, 1956 (HAMA). [2026 LiveLaw (Ori) 86]While setting aside the impugned order which was passed on such jurisdictional error, the...
S.125 CrPC | Woman Can't Claim Maintenance As Live-In Partner Without Pleading Or Proving Such Relationship: Allahabad High Court
The Allahabad High Court has held that a woman seeking maintenance under Section 125 Cr.P.C. cannot invoke the protection extended to live-in partners where she has neither pleaded such a relationship nor established that a marriage took place. It held that this is all the more so where the man has categorically denied having any relationship with her.Justice Lakshmi Kant Shukla...
Supreme Court Upholds Constitutionality Of Sentences Of Imprisonment For Remainder Of Natural Life Without Remission
The Supreme Court has upheld the constitutional validity of sentences directing imprisonment for the remainder of a convict's natural life, dismissing a batch of writ petitions that challenged such punishments as unconstitutional and contrary to the statutory remission framework.A Bench of Justice Sanjay Karol and Justice Augustine George Masih rejected petitions filed by four sets of...
Madras High Court Issues Directions To State, Judiciary For Speedy Trial Of Rape & POCSO Cases
The Madras High Court has issued a slew of directions to the State Government and the State judiciary for speeding up the investigation and trial of cases of crimes against women and children. [2026 LiveLaw (Mad) 350] The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan stressed the need to follow the time limit prescribed for completing trial and witness...