Criminal Law

Companies Can Be Prosecuted Even Without Naming Individual Officers : Supreme Court
The Court also laid down a three-stage framework to attribute the individual's conduct and mens rea to the company.

'Khufia Suragh Barari' Is General Police Endeavour, Not Specific Prior Information Triggering Section 42 NDPS Act: HP High Court
The Himachal Pradesh High Court has held that the expression “khufia Suragh Barari” used in a police diary entry does not signify specific prior information of an NDPS offence so as to trigger the mandatory compliance of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that the expression refers to a general search or endeavour by the police to...

Advocate, Family Received ₹23L+ Across Cases; Allahabad High Court Orders UP-Wide Inquiry Into 'Misuse' Of SC/ST Act Benefits
The Allahabad High Court has directed the Uttar Pradesh Government to undertake an inquiry into the manner in which benefits under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Rules framed thereunder are claimed and disbursed, particularly in cases involving repeated claims by the same persons or their family members. The direction was passed...

MV Act | Claim Petition Can't Be Dismissed At Final Stage For Want Of Territorial Jurisdiction Without Any Prejudice: Allahabad High Court
The Allahabad High Court has held that a Motor Accident Claims Tribunal cannot dismiss a claim petition at the close of a full trial merely on the ground that it lacked territorial jurisdiction, where none of the opposite parties has shown that it suffered any prejudice from the case being tried there.Section 166(2) of the Motor Vehicles Act, 1988 leaves the choice of forum to the claimant....

'Violation Of Fundamental Rights': Bombay High Court Directs ₹2 Lakh Compensation To Man Detained Without Notice, Grounds Of Arrest
The Nagpur Bench of the Bombay High Court has directed the Maharashtra government to pay Rs. 2 Lakh as compensation to a 26-year-old man who was arrested without being informed of the grounds of arrest or being issued a proper notice. A Division Bench of Justice Urmila Joshi-Phalke and Justice Raj D. Wakode reiterated the well-settled principle that High Courts under Article 226 of...

Brothel Customer Can't Be Expected To Know Age & Caste Of Minor: Karnataka High Court Grants Bail In POCSO Case
The Karnataka High Court granted bail to a man booked in a POCSO and SC/ST Act FIR accused of sexually assaulting a minor in a brothel, observing that customer of a brothel cannot possibly know the age or caste of a victim. Justice S Rachaiah allowed the criminal appeal and set aside the order passed by the Additional District and Sessions Judge. “Having heard learned counsel for...

'Not Rarest Of Rare': MP High Court Commutes Death Sentence For Man Convicted Of Rape-Murder Of 2-Year-Old
The Madhya Pradesh High Court has commuted the death sentence awarded to a man convicted of aggravated penetrative sexual assault and murder of a two-year-old girl, observing that the possibility of his reform and rehabilitation cannot be ruled out. [2026 LiveLaw (MP) 352]Emphasizing that "human life is a precious gift of god", the bench of Justice Vivek Agarwal and Justice Avanindra Kumar...

When Acquittal Isn't Really Acquittal: Section 300 CrPC And Second Cheque-Bounce Complaint
Under the Indian legal system, every law student learns Sec. 300(1) of the Code of Criminal Procedure (CrPC) , 1973, Sec. 337 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) almost as an article of faith. Once a person has been acquitted or convicted by a competent court, he cannot, subject to the statutory conditions, be tried again for the same offence. The doctrines of autrefois acquit and autrefois convict are firmly entrenched in our criminal jurisprudence, with Article 20(2) of the...

Routine Retail Sale Of Codeine Cough Syrup Without Prescription Violates Drugs & Cosmetics Act, Not NDPS Act: Allahabad High Court
The Allahabad High Court has held that where a medical store sells codeine-based cough syrup containing a permitted quantity of codeine in the course of routine sale without a medical prescription, the lapse is a violation of the Drugs and Cosmetics Act and not an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that the position changes only where a large...

Kerala High Court Directs Fresh Consideration Of Actor Ansiba Hassan's Plea For Police Probe Against Lakshmi Priya Over Sexually Coloured Remarks
The Kerala High Court on Monday (September 7) asked the Magistrate to consider afresh the private complaint made by Drishyam actor Ansiba Hassan accusing actor Lakshmi Priya and two CAN Channel representatives of making sexually coloured remarks and circulating objectionable content against her.Justice Jobin Sebastian was considering Hassan's plea challenging an order of the Magistrate...

Uttarakhand High Court Upholds Denial Of RTI Info On Estranged Wife's Govt Service, Says No Material Could Outweigh Privacy
The Uttarakhand High Court has upheld the denial of information sought under the Right to Information Act by a man concerning the government service of his estranged wife, holding that there was “no material on record indicating any public interest that could outweigh her right to privacy”. Holding the above, the Court noted that the appellant had failed to place even prima facie...

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...
