AP High Court Quashes Cruelty Case Against Husband's NRI Relatives For Lack Of S.188 CrPC Sanction

The Andhra Pradesh High Court has quashed criminal proceedings against an NRI brother-in-law and sister-in-law of a woman for alleged cruelty, criminal intimidation and dowry offences arising from alleged incidents in the United States and India. [2026 LiveLaw (AP) 231]The allegations against the petitioners were two-fold. One set related to their alleged conduct during the complainant's stay...

Courts Can't Resort To Coercive Process Mechanically: AP High Court Recalls NBW Against Senior Citizen In Cheque Dishonour Case

The Andhra Pradesh High Court has held that issuance of a Non-Bailable Warrant (NBW), being a coercive and preventive process, requires due consideration and cannot be resorted to routinely or mechanically. [2026 LiveLaw (AP) 230]The Court made the observation while dealing with a case arising from proceedings under Section 138 of the Negotiable Instruments Act, 1881.It stressed that the...

ED Attachment Of Property Can Be Challenged Under Article 226, But Entertaining Writ Is Court's Discretion: Karnataka High Court

The Karnataka High Court has refused to entertain a writ petition challenging an order confirming attachment of properties under the PMLA despite the predicate offence having been quashed. The Court held that since the PMLA constitutes a “complete Code” providing a hierarchy of authority and remedies, and while Article 226 petition is maintainable against attachment order however...

S. 313 CrPC | Statement Of Accused Cannot Be Used To Complete An Unestablished Chain Of Circumstances : Supreme Court

While acquitting a man convicted of raping and murdering his six-year-old maternal niece, the Supreme Court on Thursday (October 1) held that the conviction cannot be recorded solely based on defence statements under Section 313 Cr.P.C. / Section 351 BNSS when the prosecution otherwise failed to prove the guilt of the accused beyond a reasonable doubt. In other words, the accused's answers...

Circulating Objectionable Photos On WhatsApp Is 'Within Public View', Can Attract SC/ST Act: Bombay High Court

In a significant ruling, the Bombay High Court has held that the act of circulating objectionable videos or photographs of a person belong to a scheduled caste or scheduled tribe on a social media platform like WhatsApp, would attract the provisions of the stringent Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act as the same is within the 'public view.'Sitting at the Nagpur...

IO Can't Independently Record Victim's Further Statement After S.183 BNSS Statement Recorded By Magistrate: Karnataka High Court

The Karnataka High Court has held that once a victim's statement is recorded before a jurisdictional Magistrate under Section 183 BNSS the Investigating Officer (IO) cannot independently record a further statement of the victim. “Even if the Investigating Officer had to record the further statement of the victim girl, after her statement was recorded under Section 183 of BNSS, 2023 before...

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...