No Limitation For Seeking Maintenance Under Section 125 CrPC, Wife's Right Can't Be Lost By Delay: Karnataka High Court

The Karnataka High Court has held that there is no period of limitation for filing a maintenance petition under Section 125 CrPC and such a plea cannot be rejected solely on ground of delay. Justice Chillakur Sumalatha set aside a family court order which had dismissed a maintenance petition filed by a wife and her daughter solely on the ground of delay.The High Court noted that the...

POCSO Case Can Be Quashed In Exceptional Cases Based On Informed Victim Consent, Marriage: Meghalaya High Court

The Meghalaya High Court has observed that a POCSO case may be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on the basis of consent, even though the Protection of Children from Sexual Offences Act, 2012 is a special statute.However, the Court clarified that such power must be exercised with due care, caution and circumspection in exceptional cases, having regard...

Karnataka High Court Quashes Order Adding JD(S) Leader Suraj Revanna As Accused In Attempt To Murder Case

The Karnataka High Court has held that arraying a person as an accused under Section 319 CrPC is not a “frolicsome act” and must be supported by cogent evidence that establishes a much stricter degree of satisfaction than a prima facie case. Consequently, the High Court quashed a Sessions Court order arraying Member of Karnataka Legislative Council from Janata Dal (Secular) party...

Producing Arrested Person In Court Within 24 Hours Not Sufficient; Accused Must Be Produced Before Nearest Magistrate: Bombay High Court

The Bombay High Court on Tuesday (September 29) held that merely producing an arrested person before a court within 24 hours is not sufficient but the said person must be produced before a 'nearest' Magistrate.A division bench of Justice Sarang Kotwal and Justice Ranjitsinha Bhonsale therefore granted bail to one Kalim Shaikh, who was arrested from Barshi in Solapur district and brought to...

Hearing Of Accused Necessary When Cognizance Taken After BNSS Came Into Force, Though Complaint Filed Earlier: Supreme Court

The Supreme Court recently held that where a Magistrate applied judicial mind and found a prima facie case only after the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force, cognizance is deemed to have been taken on that date. The accused, therefore, had to be heard first, as the proviso to Section 223 of the BNSS requires.A bench of Justice JB Pardiwala and Justice K Vinod...

Accused Entitled To Seek Production Of Prosecution's Unrelied Documents At Appropriate Stage In Trial : Supreme Court

The Supreme Court has clarified the manner in which an accused can seek access to documents seized during investigation but not relied upon by the prosecution, holding that while an accused is entitled to documents available with the prosecuting agency to shape his defence, the stage at which such documents can be sought would depend on the nature of the documents.The Court made the...

Wife's Masters Degree, Rejection Of Permanent Alimony Can't Be Grounds To Deny Maintenance U/S 125 CrPC: Karnataka High Court

The Karnataka High Court has held that a claim for maintenance under Section 125 CrPC cannot be denied to a wife merely because her earlier claim for permanent alimony was rejected in divorce proceedings, or on the grounds that she holds an educational qualification that might allow her to earn a livelihood. Justice Dr. Chillakur Sumalatha allowed the revision petition filed by a wife against...

Shuhaib Murder Case: Kerala High Court Refuses To Transfer Trial, Directs Court To Ensure Accused Get Full Opportunity To Cross-Examine Witnesses

The Kerala High Court on Tuesday (September 29) dismissed the transfer petition filed by the accused persons in the Shuhaib murder case seeking to transfer the trial from Additional Sessions Judge-III, Thalassery to another competent court. [2026 LiveLaw (Ker) 534]Youth Congress activist Shuhaib was hacked to death allegedly by CPI(M) workers in Mattanur in Kannur district on February 12,...

Potency Test Can't Be Ordered Routinely In Rape Case Alleging Digital Penetration: Telangana High Court

The Telangana High Court has set aside an order directing an accused to undergo a potency test in a rape investigation, holding that the prosecution had not explained how the test would assist its case when the allegation concerned digital penetration. [2026 LiveLaw (Tel) 158]Justice J. Sreenivas Rao held that the seriousness of an allegation and the investigating agency's power to...

Mother-In-Law Not Liable To Maintain Widowed Daughter-In-Law, Her Children Under Section 125 CrPC: Telangana High Court

The Telangana High Court has quashed maintenance proceedings against a mother-in-law, holding that Section 125 CrPC does not make her liable to maintain either her widowed daughter-in-law or her deceased son's children. [2026 LiveLaw (Tel) 157]Her financial means or alleged possession of the deceased's assets could not create a liability absent from the provision, the Court said.Justice...

Bombay High Court Denies Bail To Man Accused Of Assaulting 6-Year-Old Neighbour, Says Trust Reposed In Him Was 'Completely Eroded'

The Bombay High Court recently while denying bail to a man booked for sexually assaulting a minor girl from his neighbourhood, observed that granting him bail would send a wrong message to the society at large as he has decimated the sanctity of the pure relationship between neighbourhood uncle and a minor girl, who are like a father and daughter. Single-judge Justice Milind Jadhav expressed...

Kerala High Court Grants Anticipatory Bail To YouTuber Thoppi, Says No Obscene Or Sexually Coloured Remarks Directly Made By Him

The Kerala High Court on Monday (September 28) granted anticipatory bail to controversial Malayalam gamer/Youtuber Toppi, officially known as Muhammed Nihad, who is booked for allegedly live-streaming obscene remarks about a young woman on streaming platforms. [2026 LiveLaw (Ker) 533]Dr. Justice Kauser Edappagath observed that there were no obscene words or sexually coloured remarks spoken...