Criminal Law
Demanding Repayment Of Loan Amount Not 'Intentional Aid' For Abetment Of Suicide: Madras High Court
The Madras High Court recently held that demanding repayment of a loan amount that was advanced to a person will not amount to instigation or intentional aid for the abetment of suicide. [2026 LiveLaw (Mad) 415]. Granting bail to a man, Justice S Karthikeyan noted that there was no material to show that the man intended the death of the deceased or instigated him. The court noted that the man had lent money to the deceased and demanded its repayment within a week. Following the demand,...
Informant's Consent Not Needed To Quash Criminal Case Based On Settlement With Victim : Supreme Court
The Supreme Court on Monday (August 31) held that even where an FIR involves non-compoundable offences, criminal proceedings may be quashed on the basis of a settlement once the real victim has categorically settled the dispute with the accused, and the consent of an informant who is not the victim is not necessary. “Disastrous consequences will arise if such informants (who are not victims) are allowed to enter into settlement and the real victim is left in limbo. Hence, what law contemplates...
Accused Re-Arrested Without Court Permission After Prior Arrest Was Vitiated Entitled To Bail: Kerala High Court
The Kerala High Court recently held that bail cannot be denied citing implied permission to re-arrest was given by the Magistrate when no application seeking the same was moved by the investigating officer. [2026 LiveLaw (Ker) 477]Dr. Justice Kauser Edappagath granted bail to an accused, who was re-arrested without prior judicial approval after his earlier arrest was vitiated due to non-communication of grounds of arrest.Reference was made to its earlier decision in Ramjith Nayak v. State of...
"We Be Not Destroyed By Past Errors': Delhi High Court Invokes Rig Ved; Orders Premature Release Of Murder Convict 'Casually' Denied Relief
The Delhi High Court has ordered release of a murder convict serving life sentence, having spent 20 years behind bars, observing that the Sentence Review Board (SRB) had repeatedly rejected his applications for premature release without application of mind.The petitioner, having undergone imprisonment of more than 25 years including remission, had challenged SRB order rejecting his request...
Fees Paid To Medical College Cannot Be Treated As 'Entrustment' Under Section 406 IPC: Jharkhand High Court
The Jharkhand High Court has held that payment of fees by a student or his parents to a medical college is a standard financial or contractual transaction and cannot be treated as “entrustment” of property for attracting the offence of criminal breach of trust under Section 406 of the Indian Penal Code.A Single Judge Bench of Justice Anil Kumar Choudhary made the observation while quashing criminal proceedings against the Chairman and Secretary to the Chairman of S.S.R. Medical College,...
Jharkhand High Court Quashes Cheating Case Against Flipkart, E-Kart Employees Over Missing Shipments
The Jharkhand High Court has quashed criminal proceedings against an E-Kart Logistics official and a member of the Flipkart security team, observing that allegations of non-return of shipments could not constitute offences of criminal breach of trust or cheating against the individual employees when the alleged entrustment of property was to Flipkart, a company.A Single Judge Bench of Justice Anil Kumar Choudhary was hearing petitions filed under Section 482 of the Code of Criminal Procedure,...
Muslim Man Having Sexual Intercourse With Minor Wife Liable Under POCSO Act: Kerala High Court
The Kerala High Court recently clarified that a Muslim man having sexual intercourse with his wife, who is aged below 18 years, is liable under the Protection of Children from Sexual Offences Act (POCSO Act). [2026 LiveLaw (Ker) 470]Justice Jobin Sebastian held:“sexual intercourse with a girl below eighteen years of age attracts the offences under the POCSO Act, and in such a situation,...
S. 304-B IPC | No Proof Of Harassment For Dowry 'Soon Before' Death: Allahabad High Court Acquits Three In 35-Year-Old Case
The Allahabad High Court has held that to sustain a conviction under Section 304-B IPC, the prosecution must prove that the woman was subjected to cruelty or harassment for, or in connection with, a demand for dowry "soon before" her death.A bench of Justice Manoj Bajaj made the observation while allowing 3 criminal appeals arising from the death of a woman in September 1991. The Court acquitted Husband-Shiv Narain @ Surya Narain and in-Laws Jai Narayan and Pateshwar, finding that the...
S. 396 IPC | Prosecution Must Establish Dacoity Was First Intention, Murder Committed In Its Course: Allahabad High Court
The Allahabad High Court has held that to sustain a conviction under Section 396 IPC (dacoity with murder), the prosecution must establish that dacoity was the first intention and that the murder was committed in the course of committing the dacoity.A bench of Justice Samit Gopal made the observation while allowing a criminal appeal and acquitting the surviving accused in a 1981 case. The...
S. 313 CrPC | No Adverse Inference Against Accused For Failing To Explain Circumstance Not Put To Him: Allahabad High Court
The Allahabad High Court has observed that no adverse inference could be drawn against an accused for failing to explain a circumstance or piece of evidence on which he was not questioned by the trial Court under Section 313 CrPC.A bench of Justice Subhash Vidyarthi made the observation while allowing 2 connected criminal appeals and acquitting 3 accused who had been convicted under Section...
Chhattisgarh High Court Upholds ED's ₹110 Crore Provisional Attachment Of Goa's Westin Hotel In Alleged Liquor Scam Cash Trail
The Chhattisgarh High Court has refused to interfere with the Enforcement Directorate's (ED) provisional attachment of Hotel Westin, Goa, to the extent of ₹110 crore. While dismissing the petition, the Court clarified that it has not taken a final adjudication on the allegations concerned, and such question were required to be examined through the statutory adjudicatory mechanism in...