BNSS/CRPC
Cryptic Phone Calls, Wireless Messages To Police About Crime Don't By Themselves Constitute FIR: Madras High Court
The Madras High Court recently held that any information received by the police with respect to a crime would not automatically amount to a first information statement or a first information report unless such information meets the statutory requirements of Section 154 of CrPC. [2026 LiveLaw (Mad) 349] The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan observed that in...
Medical Negligence Case Requires Prima Facie Proof Of Gross Negligence Supported By Medical Opinion: Patna High Court
The Patna High Court has held that criminal prosecution against a doctor for alleged medical negligence cannot continue in the absence of prima facie material disclosing gross negligence supported by competent medical opinion. The Court observed that permitting such prosecution would cause manifest injustice and undermine the distinction between civil liability and criminal culpability.A...
Giving Inadequate Grounds Doesn't Automatically Vitiate Arrest Unless Accused Is Prejudiced: Orissa High Court Cites 'Sonam Raghuvanshi' Case
The Orissa High Court has held that the police furnishing inadequate grounds of arrest to the arrestee may not always vitiate the arrest, and it is vitiated only when such communication of inadequate grounds causes prejudice to the arrestee. [2026 LiveLaw (Ori) 85]While explaining the difference between “non-communication of reasons of arrest” and “inadequate communication of reasons...
Bombay High Court Issues Notice On Raj Kundra's Plea Challenging Summons In ED's 'Bitcoins' Case
The Bombay High Court on Tuesday (July 28) issued notice to the Enforcement Directorate (ED) on a plea filed by husband of Bollywood actor Shilpa Shetty and businessman Raj Kundra, who has challenged a special court's order taking cognisance of a supplementary chargesheet naming him in a Bitcoin-linked money laundering case. Single-judge Justice Ashwin Bhobe issued notice to the ED and...
Suspension Of Sentence Plea Needn't Get Preference If Parties Are Ready To Argue Appeal/ Revision On Merits: Allahabad High Court
The Allahabad High Court has held that where the parties are ready to argue the criminal appeal or the criminal revision on merits, the application for suspension of sentence may not be given preference over final disposal of the criminal appeal or the criminal revision."As per our considered opinion, endeavour of the Court should be to decide the criminal appeal at the earliest if parties...
Does Informing Live-In Partner's Father Fulfil Police Duty To Notify Family Of Arrest? Kerala High Court Answers
The Kerala High Court recently granted bail to an NDPS accused after finding that the legal requirement to inform his relative or friend about arrest was not satisfied in the case. [2026 LiveLaw (Ker) 407]Dr. Justice Kauser Edappagath noted that the grounds of arrest was communicated only to the father of the applicant's live-in partner, who is a co-accused (accused No. 2) in the case....
Kerala High Court Denies Anticipatory Bail To Man Booked For Hurling Bomb At Wrong House
The Kerala High Court recently denied anticipatory bail to a man, who is booked for hurling a bomb, albeit at the wrong house. [2026 LiveLaw (Ker) 405]Dr. Justice Kauser Edappagath dismissed the pre-arrest bail application filed by the man, who was arrayed by the Kannur Kuthuparamba police in a crime.The offences alleged were those under Section 109(1) [Attempt to murder] of the Bharatiya...
Kerala High Court Denies Pre-Arrest Bail To DYFI Leaders Accused Of Assaulting Police During Liquor Policy Protest
The Kerala High Court on Monday (July 27) denied pre-arrest bail to six DYFI leaders, who were booked for assaulting police officers during protest march against the State's liquor policy. [2026 LiveLaw (Ker) 404]Dr. Justice Kauser Edappagath found that the allegations against the applicants were very serious and that custodial interrogation is necessary for investigation, which is still in...
S.457 CrPC | Registration Certificate Alone Not Sole Factor For Interim Release Of Seized Vehicles: Supreme Court
The Supreme Court on Monday (July 27) held that registration certificate alone are not determinative of entitlement to interim custody of vehicles under Sections 451 and 457 of the CrPC.“Registration is a relevant factor, but it is evidentiary and not conclusive of entitlement to interim possession.”, observed a bench of Justice Sanjay Karol and Justice Augustine George Masih,...
S. 38 BNSS | Advocate Of Accused Cannot Remain Present Throughout Police Interrogation : Supreme Court
Clarifying the scope of Section 38 of Bharatiya Nagarik Suraksha Sanhita, 2023, the Supreme Court on Monday (July 27) held that the provision entitles an arrested person to meet an advocate of choice during interrogation but does not contemplate continuous physical presence throughout the interrogation. “A plain reading of the provision makes it clear that the right guaranteed thereunder...
S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers
The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash...