Criminal Law

Allegations Of “Jhaad-Phoonk” Cannot Attract Section 307 IPC Without Intention To Cause Death: Jharkhand High Court
The Jharkhand HC has held that a conviction under Section 307 IPC cannot be sustained in the absence of the necessary ingredients of the offence, including the requisite intention or circumstances indicating an attempt to commit culpable homicide amounting to murder.A Single Judge Bench of Justice Rajesh Kumar was hearing an appeal against the judgment of conviction dated 15.06.2023 and order of sentence dated 22.06.2023 passed by the Special Judge, POCSO, Chatra, whereby the appellant was...

PMLA Amount Need Not Have 'Arithmetical Correspondence' With Predicate Offence: Jharkhand High Court Dismisses Ex-CM Madhu Koda's Plea
The Jharkhand HC has held that there need not be an “arithmetical correspondence” between the amount quantified in proceedings relating to the scheduled offence and the value of property alleged to constitute proceeds of crime under the Prevention of Money Laundering Act, 2002 (PMLA).A Single Judge Bench of Justice Sujit Narayan Prasad was hearing a petition filed by former Jharkhand...

Karnataka SIR: High Court Stays FIRs Against BJP Booth Level Agents For Attempting To Delete Voter Names
The Karnataka High Court has stayed the operation of two FIRs registered against BJP Booth Level Agents over allegations that they sought to delete voters' names from electoral rolls by filing bulk Form-7 objections during the Special Intensive Revision (SIR) of electoral rolls in the Malleshwaram Assembly Constituency.Justice Anant Ramanath Hegde granted the interim relief on two separate...

Unmerited Appeal Against Motor Accident Award Is Abuse Of Process, Aggravates Victim's Hardship: Gujarat High Court
The Gujarat High Court observed that the statutory right of appeal, though valuable, cannot be used to re-agitate issues already settled by binding precedents and in a manner that results in abuse of the process of law and aggravates victim's hardship.While dismissing an insurance company's appeal against a motor accident award, the High Court further held that Income Tax Returns (ITRs),...

Wife Fell & Died After Husband Slapped Her: Karnataka High Court Converts Murder Conviction To Culpable Homicide
The Karnataka High Court has converted a husband's conviction for murder of his wife under Section 302 Indian Penal Code (IPC) to culpable homicide not amounting to murder under Section 304 Part II IPC. It found that the prosecution could not establish by evidence that the injury suffered by the deceased wife— after being assaulted by her husband and falling down— was “sufficient in...

Filing 'Bald Chargesheet' Without Any Evidence Affects Accused's Right To Life Under Article 21: Karnataka High Court
The Karnataka High Court has held that filing a chargesheet based on omnibus allegations by complainant without any evidence affects the right to life guaranteed under Article 21 of the Constitution of India.“Filing of charge sheet thus affects the individual right of a citizen of the country as is enshrined under Article 21 of the Constitution of India, especially when the charge sheet is...

Woman Moves Karnataka High Court Seeking LOC Against Husband In Dowry Case
A woman has approached the Karnataka High Court seeking a direction to the police to initiate the process for issuance of a Look Out Circular (LOC) against her husband, a France-based working professional accused of cruelty and dowry harassment.The wife contends that her husband remains in India only pending reissuance of his allegedly lost passport and that his departure would prejudice...

Lying On Woman & Pressing Her Mouth Without Any Act Towards Penetration Is Not Attempted Rape: Patna High Court
The Patna HC has held that merely lying upon a woman and pressing her mouth, without any act towards penetration, would not constitute an attempt to commit rape where the evidence does not establish that the accused had gone beyond the stage of preparation.A Single Judge Bench of Justice Sandeep Kumar was hearing an appeal against the judgment of conviction dated 29.07.2013 and order of...

Gujarat High Court Refuses To Examine 16-Year-Old As Witness To Mother's Alleged Adultery, Says Child Can't Be Used As Pawn
The Gujarat High Court has refused to permit a man to examine his minor son in order prove his wife's alleged adultery, observing that the child cannot be used as a pawn to show that the mother was living in adultery as it is always open for the husband to prove it through other evidence.The court was hearing the father's plea who had sought summoning of his minor son as a witness to testify...

'Casual And Lackadaisical Investigation By CBI': Kerala High Court Orders Further Probe Into Violinist Balabhaskar's Death
The Kerala High Court on Friday (October 9) ordered further investigation into the death of violinist Balabhaskar, who had a fatal car accident in 2018. [2026 LiveLaw (Ker) 568]Justice G. Girish allowed the plea preferred by the late musician's parents and directed the Central Bureau of Investigation (CBI) to entrust the investigation to an officer of proven integrity, not below the rank...

Section 482(4) BNSS Bar On Pre-Arrest Bail Is Not Absolute; Court Can Examine If Prima Facie Ingredients Are Disclosed: Bombay High Court
The Bombay High Court had held that the bar on anticipatory bail under Section 482(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in cases involving offences under Sections 65 or 70(2) of the Bharatiya Nyaya Sanhita (BNS) is not absolute. The Court observed that the application can be examined to determine whether the ingredients of the alleged offence are prima facie made out; if they...

Hitting Chest With Elbow Does Not Show Intent To Outrage Woman's Modesty: Kerala High Court Reverses Conviction
The Kerala High Court has acquitted a man convicted under Section 354 IPC, holding that the alleged act of hitting a woman on her chest with an elbow, in the circumstances of the case, did not establish the requisite intention to outrage her modesty. [2026 LiveLaw (Ker) 569]Justice Jobin Sebastian allowed the criminal revision petition and set aside the conviction and sentence imposed by...
