Criminal Law
Mere Concealment Or Confinement Insufficient For Conviction Without Proof Of Knowledge Of Kidnapping: Delhi High Court
The Delhi High Court has held that a person cannot be convicted under Section 368 of the Indian Penal Code for wrongfully concealing or confining a kidnapped or abducted person unless the prosecution proves that the accused knew that the person had been kidnapped or abducted. [2026 LiveLaw (Del) 884]While setting aside conviction of two men, Justice Vimal Kumar Yadav held that the essential element of knowledge was not established against them and consequently their conviction could not be...
"Family Feud" Need Not Span Generations, Dispute Between Members Of Same Generation Also Qualifies: Bombay High Court
The Bombay High Court has held that a “family feud” need not be a dispute continuing across generations and that a prior dispute between family members of the same generation can amount to a family feud. The Court observed that where the facts of a case attract different categories under the same Guidelines, the category more beneficial to the convict must be applied. A division bench of Justice Vaishali Patil-Jadhav and Justice Sandipkumar C. More was hearing a petition filed by a convict...
Dowry Demand For Setting Up Business Still 'Dowry' Under S. 304B IPC: Delhi High Court
The Delhi High Court has held that a demand for money connected with the marital relationship does not cease to be a dowry demand merely because the money is sought for setting up a business rather than for personal use. [2026 LiveLaw (Del) 882]Justice Vimal Kumar Yadav made the observation while dismissing an appeal filed by two, challenging their conviction under Sections 304B and 498A of IPC in a dowry death case.The case concerned the death of a woman who died by hanging on April 10, 2003,...
S.144 BNSS | Disputed Marital Relationship Requires Evidence At Trial: Gauhati High Court Refuses To Quash Maintenance Proceedings
The Gauhati High Court has held that maintenance proceedings cannot be quashed where the nature of the alleged marital relationship between the parties requires determination through evidence at trial.Justice Sanjeev Kumar Sharma observed, "Although the contradictory statements of the respondent made in different proceedings as to the dates and places of marriage do create some doubt...
Cognizance Orders Cannot Be Passed Mechanically By Filling Blanks On Printed Proforma: Patna High Court Flags Lack Of Application Of Mind
The Patna High Court has held that judicial orders cannot be passed mechanically by filling in blanks on a printed proforma, observing that even an order taking cognizance must reflect application of judicial mind.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing a petition challenging the order dated 12.06.2018 passed by the Additional Chief Judicial Magistrate, Benipatti,...
Uttarakhand High Court Quashes FIR Against Man Named In 2018 'CM Sting Operation' Case, Says No Incriminating Evidence Found
The Uttarakhand High Court has quashed the 2018 FIR against a man named in connection with an alleged sting operation targeting the then Chief Minister of Uttarakhand, holding that “the petitioner cannot be compelled to face the rigours and uncertainty of criminal proceedings in the absence of prima facie material connecting him with the alleged offences”.The Court noted that the FIR...
Advocate Merely Allowed Office For Meeting, Did Not Play Major Role In Alleged Forex Fraud: Bombay High Court Grants Protection
The Bombay High Court has granted protection from arrest to a woman advocate accused in a forex fraud case, observing that the only allegation against her was that she had allowed her office to be used for a meeting by the other accused persons. The Court noted that there was no material to show that she was aware of the nature of the meeting and neither had she played any major role in...
Forcible Religious Conversion Under “Deep Coercion”: Uttarakhand High Court Rejects Bail To POCSO Accused, Flags Forged Aadhaar
The Uttarakhand High Court has denied bail to a man accused of POCSO offences, observing that the evidence in the case indicated a “systemic attempt of forcible religion conversion under deep coercion.” Importantly, the Court also took note of the alleged creation of a forged Aadhaar card under a false name, observing that it indicated the extent of the applicant's involvement in the...
'Fraud Committed To Obtain Compensation': Karnataka High Court Finds Collusion In Motor Accident Claim, Orders SIT Probe
The Dharwad Bench of the Karnataka High Court ordered a SIT probe to investigate allegations of collusion by the claimant and the complainant in a motor accident claim, after observing that the parties had colluded to "manipulate the case" solely to obtain compensation from the insurance company. Justice Geetha K.B. upheld an MACT order dismissing a compensation claim and directed the...
Tripura High Court Upholds Interim Maintenance To Wife, Says Man Cannot Benefit From Suppressing Existing Marriage
The Tripura High Court has upheld an order granting ₹15,000 per month as interim maintenance to a woman who alleged that the man had represented himself as divorced and subsequently married her. The Court, while noting that the issue of marriage was yet to be finally determined by the Family Court, observed prima facie that the parties had maintained a marital relationship for a...
NDPS Act | Arrest, Remand Vitiated If Accused Not Informed Quantity Of Contraband Seized From Him: Madras High Court
The Madras High Court recently held that an arrest or seizure under the Narcotic Drugs and Psychotropic Substances Act is vitiated if the accused is not informed about the quantity of contraband seized from him or the provisions under which he is charged. [2026 LiveLaw (Mad) 453] Justice N Ramesh thus granted bail to an accused, accused of carrying 25kg of Ganja. The court noted that...
