'Plea Of Alibi' Must Be Proved In Trial, IO Cannot Unilaterally Accept It To Be True To File Final Report: Allahabad High Court

The Allahabad High Court has explicitly ruled that an accused's “plea of alibi” must be proved by leading evidence during a criminal trial and the Investigating Officer (IO) cannot unilaterally accept it to be true to file a Final Report. A bench of Justice Vivek Kumar Singh held that it would be "gross illegality” if the IO files a final report relying on the statements...

Custodial Assault To Extract Confession Not Official Duty, No Prior Sanction Needed To Prosecute Police Officers: Bombay High Court

Assaulting a suspect for a confessional statement would never be an act in discharge of official duty of any police officer, held the Bombay High Court while refusing to discharge three policeman, who had allegedly assaulted a man— forcing him to confess to a murder offence. [2026 LiveLaw (Bom) 319]Sitting at the Kolhapur bench, single-judge Justice Sandesh Patil noted that in the instant...

Magistrate Must Disclose 'Substance Of Information' While Issuing S.126 BNSS Notice To Execute Bond For Keeping Peace: Orissa High Court

The Orissa High Court has ruled that an Executive Magistrate is duty-bound to disclose the 'substance of information' received by him while issuing show-cause notice to a person to explain why he should not be ordered to execute a bond or bail bond for keeping peace under Section 126 BNSS. [2026 LiveLaw (Ori) 76]As per Section 126 BNSS when an Executive Magistrate receives information that...

Political Criticism On Social Media Without Coercion Or Interference With Voting Not 'Undue Influence': Telangana High Court

The Telangana High Court has quashed criminal proceedings against a government school teacher accused of violating the Model Code of Conduct by posting derogatory comments against a political candidate on Facebook during the 2023 Assembly elections. [2026 LiveLaw (Tel) 100] The Court held that mere political criticism or offensive social media posts, in the absence of coercion, intimidation...

Trial Court Not Bound To Incorporate Questions Suggested By Prosecution Or Accused Under Section 313(5) CrPC: Orissa High Court

The Orissa High Court has held that it is not mandatory, rather discretionary for a trial Court to seek help of prosecution and defence for preparing relevant questions which are to be put to the accused under Section 313(1) of the Code of Criminal Procedure, 1973 (CrPC) for eliciting his explanation to the inculpatory circumstances appearing against him in the evidence. [2026 LiveLaw...

Seashore Chit Fund Scam: Orissa High Court Refuses To Quash Proceedings Against Ex-BJD MLA Pravat Ranjan Biswal

The Orissa High Court has declined to quash the impending criminal prosecution against the Biju Janata Dal's (BJD) former Member of Legislative Assembly (MLA) from the Cuttack-Choudwar constituency Pravat Ranjan Biswal for his alleged links with the Seashore Group of Companies. [2026 LiveLaw (Ori) 75]For context, the Seashore Group of Companies floated a major ponzi scheme which duped...

S. 437(6) CrPC Doesn't Grant Indefeasible Right To Bail: Allahabad High Court Refuses Relief To Man Accused Of Harbouring ISI Agent

Incarcerated since 2015, the accused allegedly harboured a Pakistani ISI agent for 20 months and facilitated the transmission of classified Indian military data to Pakistan. The trial remains pending at the evidence stage, with not a single prosecution witness examined so far.

S. 311 CrPC | Court Can't Refuse To Examine Witness Merely Because He Is A 'Surrendered Maoist': Orissa High Court

The Orissa High Court has held that a trial Court cannot decline to summon a witness, under Section 311 of the Code of Criminal Procedure, 1973 (CrPC), to examine and record his testimony merely on the ground that he has previously been a Maoist. [2026 LiveLaw (Ori) 72]While setting aside the trial Court order denying to summon a surrendered Maoist as a witness, the Bench Dr. Justice...

S. 145 Evidence Act | Allahabad High Court Clarifies Procedure To Contradict Witnesses Using Omissions In S. 161 CrPC Statements

The Allahabad High Court last week clarified the exact procedure under Section 145 of the Indian Evidence Act, read with Section 162 of the CrPC, which needs to be adopted for contradicting a witness during a trial based on omissions in his previous statement made to the police u/s 161 of the CrPC. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi held that a...

Orissa High Court Refuses To Quash FIR Against Doctor Accused Of Helping Husband Cheat Women Through Sham Marriages

The Orissa High Court has recently denied to quash criminal case against a doctor-wife accused of being an accomplice to her husband in inducing multiple women to illegally enter into marriage with the latter in order to exploit them financially.Noting that a charge-sheet has already been submitted in the case, the Bench of Dr. Justice Sanjeeb Kumar Panigrahi was not inclined to grant any...

Allahabad High Court Seeks Explanation From Family Court Judge For Granting Maintenance To Wife Despite Remarriage

The Allahabad High Court, on Tuesday, sought explanation from Additional Principal Judge, Family Court, Jhansi as to why maintenance was granted to a wife from her first husband, when the wife had disclosed about her remarriage after divorce.It is the revisionist's case that the parties were granted a divorce decree on 30.07.2025 by the Additional Principal Judge, Family Court, Jhansi. It...

S.31 CrPC/ S.25 BNSS | Court Can't Order Consecutive Sentences For Offences Committed In 'Single Transaction': Orissa High Court

The Orissa High Court has held that a Court, while convicting and imposing punishment on an accused for commission of more than one offence, cannot order respective sentences to run consecutively if the offences are committed in a 'single transaction'.Reiterating the Apex Court ruling in O.M. Cherian alias Thankachan v. State of Kerala & Ors. (2014), the Bench of Justice V. Narasingh...