BNSS/CRPC
Presence Of Police Officer During Recording Of Section 164 CrPC Confession Renders It Inadmissible: Gauhati High Court
The Gauhati High Court has held that confessions recorded by a Judicial Magistrate under Section 164 CrPC in the presence of a police officer cannot be said to be voluntary and cannot be relied upon as substantive admissible evidence for recording conviction against the accused.A Division Bench of Justice Michael Zothankhuma and Justice Sanjeev Kumar Sharma observed, “In the present case,...
Yogesh Goudar Murder: CBI Opposes In Karnataka HC Suspension Of Convicted Ex-Cop's Sentence, Says S.389(3) CrPC Doesn't Apply Once Appeal Filed
The Central Bureau of Investigation (CBI) on Tuesday (May 26) opposed the suspension of sentence sought by former police inspector Channakeshava B. Tingarikar, convicted for manipulating evidence and protecting the real perpetrators in the Yogesh Goudar murder case.Arguing before the Karnataka High Court, CBI submitted that the relief of bail under Section 389(3) CrPC applies only at the...
Ill-Treatment In Matrimonial Home Justifies Separate Residence Of Wife, Even If Husband Not Personally Guilty: Bombay HC Grants Maintenance
Torture or ill-treatment of the wife in her husband's house, or even when a wife cannot reasonably hope that she can live with dignity at her husband's house are some sufficient grounds for a wife to refuse to live with her husband and seek maintenance under section 125 of the Criminal Procedure Code (CrPC), the Bombay High Court held recently.Sitting at the Nagpur seat, single-judge...
Appellate Court Reversing Acquittal Must Itself Hear Convict On Sentence, Cannot Remand To Trial Court For Sentence Alone : Supreme Court
The Supreme Court on Tuesday (May 26) held that if an Appellate Court, while hearing an appeal against an acquittal, finds the accused guilty, then it cannot relegate the matter to the trial court for imposing the sentence. The Appellate Court itself has to hear the convict on sentence. “It can be seen from Section 386(a), Cr.P.C., that where in an appeal from an order of acquittal, the...
S.125 CrPC | Husband's Detention For Failure To Pay Maintenance Can't Become Indefinite Punitive Imprisonment: MP High Court
The Madhya Pradesh High Court has held that imprisonment in maintenance execution proceedings is merely a coercive mechanism intended to secure compliance and cannot be converted into indefinite punitive detention. The bench of Justice Himanshu Joshi ordered the release of a labourer who had remained incarcerated since October 2025 for non-payment of maintenance arrears to his wife and...
Superior Police Officer Can Order Further Investigation Before Filing Of Charge-Sheet: Rajasthan High Court
The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of...
"Can't Sail In Two Boats": Rajasthan High Court Rejects Parallel Challenge To Cognizance And Framing Of Charges
The Rajasthan High Court has held that even though multiple remedies might exist with a litigant, once selection was made regarding the remedy to be pursued, that operated as a bar on simultaneous initiation of a parallel remedy.The bench of Justice Anoop Kumar Dhand opined that the aggrieved party could not be allowed to “sail in two boats” by availing parallel remedies for common...
CrPC | Accused Has Absolute Right To Use Section 161 Statements To Contradict Witnesses During Cross-Examination: Kerala High Court
The Kerala High Court, in a recent judgment, clarified that an accused has an absolute right to use the previous statements given by the witnesses to the investigating officer under Section 161 Cr.P.C. for the purpose of shaking the veracity of their evidence and making it untrustworthy.Justice A. Badharudeen held:“it is the absolute right of the accused to use previous statements...
S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court
The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...
High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC
The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...
S. 447 BNSS| High Court Can Be Directly Approached To Transfer Case From One Special Court To Another: Kerala High Court
The Kerala High Court, in a recent decision, held that a person seeking to transfer a case from one Special Court to another Special Court can directly approach the High Court without first approaching the Sessions Court.Justice A. Badharudeen held:“it is not safe to say that, when a person wants to transfer a case pending before the Special Court under the PC [Prevention of Corruption ]Act...