POCSO Case Cannot Be Quashed On Settlement Even If Survivor Attains Majority: Sikkim High Court

The Sikkim High Court has held that criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) cannot be quashed merely on the basis of a settlement between the accused and the survivor, even if the survivor has subsequently attained majority.Justice Bhaskar Raj Pradhan remarked that: “even if the accused and the survivor who has now attained majority...

First-Time Juvenility Claims Before SC Show 'Huge Gap' In JJ Act Implementation By Police, Trial Courts : Supreme Court

The Court commented that the mandate of the JJ Act is overlooked by police in their obsessions to book someone.

'Prima Facie Case Made Out': AP High Court Refuses To Quash Perjury, Cheating Case Against Retired Bank Manager Over ₹50 Lakh Debt Dispute

The Andhra Pradesh High Court has refused to quash criminal proceedings arising from a dispute over Rs. 50 lakh borrowed by a retired bank manager and his wife against a promissory note and mortgage of three title deeds. [2026 LiveLaw (AP) 207]The Court made the observation while refusing to quash criminal proceedings arising from a complaint alleging perjury, filing of a false case, cheating...

One-Year Limit Under Section 125(3) CrPC Doesn't Bar Recovery Of DV Act Maintenance Arrears Through Salary Attachment: Telangana High Court

The Telangana High Court has held that the one-year deadline under the first proviso to Section 125(3) CrPC applies only when a person seeks a warrant to recover unpaid maintenance under that provision. [2026 LiveLaw (Tel) 147] It does not erase the maintenance debt or prevent attachment of salary under Section 20(6) of the Protection of Women from Domestic Violence Act, 2005.The first proviso...

Reasons Recorded In Order Directing Further Investigation Can't Itself Be Construed As Direction For Point-Wise Probe: Rajasthan High Court

Rajasthan High Court has held that while it was true that a court cannot direct the police to conduct an investigation in a particular manner, however the reasons given by a court in its order directing further investigation must not be itself construed as a direction for point-wise investigation. The bench of Justice Baljinder Singh Sandhu was hearing a petition seeking quashing of an order...

HP High Court Quashes Case Against Woman Accused Of Disrupting Court, Says SDM Could Not Directly Lodge Police Complaint

The Himachal Pradesh High Court has quashed criminal proceedings against a woman accused of disrupting court proceedings, holding that the Sub-Divisional Magistrate who was presiding over the court at the time could not have directly approached the police.The Court held that under Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the complaint was required to be made in writing to...

Promise To Marry Not Deceitful If Man Intended To Marry But Woman's Mother Refused: Karnataka High Court Grants Bail

Granting bail to man booked in a rape case, the Karnataka High Court observed that when a man who promises marriage subsequently approaches the woman's family seeking approval and where her mother refuses the proposal then it cannot be said that the man had no intention to fulfill the promise.The single judge bench of Justice S Vishwajith Shetty noted that the victim herself, in her...

S. 362 CrPC Does Not Curtail High Court's Inherent Power To Recall Judgment Resulting In Miscarriage Of Justice: Supreme Court

The Supreme Court has held that Section 362 of the Code of Criminal Procedure (CrPC), which generally bars criminal courts from altering or reviewing a judgment after it has been signed, does not obliterate the High Court's inherent jurisdiction to recall an order or judgment when allowing it to stand would result in a miscarriage of justice.The Court made the observation while allowing...

Odisha Court Upholds Dismissal Of Complaint Against Ex-CM Naveen Patnaik & Former Secretary Over 'Misuse Of Public Funds' For Helicopter Trips

An Odisha Court upheld a magistrate's order dismissing a case against former CM and Biju Janata Dal (BJD) Supremo Naveen Patnaik and his then Private Secretary as well as '5T' Secretary V. Karthikeyan Pandian over alleged 300+ helicopter trips to different districts for meetings and campaigns, without sanction of funds from the government exchequer.While deciding the revision petition,...

'Child Should Not Be Treated As Criminal': Supreme Court Sets Aside Conviction On Juvenility Claim After 21 Years

The Supreme Court on Wednesday (02.09.2026) has set aside the 21-year old conviction of a man who was found to be a juvenile on the date of the offence, holding that a High Court's inherent power under Section 482 of the Code of Criminal Procedure, 1973 (CrPC, now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) can be exercised to recall its own final judgment where a mistake by...

Alleged Illegal Detention, Assault Beyond Official Duty; No Sanction Needed To Prosecute Police Constable: Rajasthan High Court

The Rajasthan High Court has affirmed the order of the trial court and the revisional court to hold that no prosecution sanction under Section 197 CrPC was required before taking cognizance against the appellant-police officer who was accused of severely beating the respondent while the latter was allegedly under illegal detention.The bench of Justice Ravi Chirania affirmed that the act done...

S.311 CrPC | Court Can Recall Material Witnesses Even After Closing Evidence, Bar On Review Doesn't Apply During Trial: Rajasthan High Court

The Rajasthan High Court has held that the power of recall under Section 311 CrPC can be exercised by criminal courts even after the evidence of both sides is closed. It held that the consideration under the provision is not whether the evidence is closed, but whether the concerned evidence appeared essential for a just decision of the case.The bench of Justice Anil Kumar Upman further...