Criminal Law
Do Section 50 NDPS Act Safeguards Apply To Search Of Bags Carried By Accused? Kerala High Court Answers
The Kerala High Court has reaffirmed that the procedural safeguards under Section 50 of the Narcotic Drugs and Psychotropic Substances Act applies only to the personal search of an individual and not to the search of plastic bags carried by the person. [Citation: 2026 LiveLaw (Ker) 327]Justice A. Badharudeen, delivered the judgment in an appeal challenging the conviction and sentence...
'Money In Bank Account Is Property Of Account Holder': Telangana HC Orders Defreezing Of Account Frozen Over Cyber Fraud Complaints
The Telangana High Court has held that a citizen's bank account cannot be frozen indefinitely merely on the basis of internal correspondence, portal alerts or informal electronic communications, unless such action is traceable to authority of law. [2026 LiveLaw (Tel) 84] A Single Judge Bench of Justice Nagesh Bheemapaka observed:“A citizen's bank account cannot be frozen indefinitely merely...
Karnataka High Court Stays Circular Extending RTE Quota Benefits To Scheduled Caste, Scheduled Tribe Students For Classes 9 & 10
The Karnataka High Court last week stayed the operation of a state government circular that sought to extend Right to Education (RTE) quota benefits to Scheduled Caste and Scheduled Tribe (SC & ST) students for Classes 9 and 10.The single judge bench of Justice Ashok S. Kinagi passed the interim order staying the execution and operation of the circular dated May 21, 2026, till the next...
No Use Expressing Dissent On Social Media If One Can't Stand By Truth In Court: Madras High Court To Students Turning Hostile In Murder Trial
While dealing with a criminal appeal of a murder convict, the Madras High Court expressed displeasure in the manner in which the students, who had witnessed the attack on their fellow classmate by the accused, had turned hostile during trial. 2026 LiveLaw (Mad) 255 The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan remarked that it was disappointing to see...
Administrative Enquiry Mandatory Before FIR Against Public Servants Under SC/ST Act: Uttarakhand High Court
The Uttarakhand High Court has held that criminal proceedings under Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be initiated against a public servant without a prior administrative enquiry as mandated by the proviso to Section 4(2) of the Act. Reiterating the above principle as established in various Supreme Court precedents, the High...
'Accused Not Named In FIR, Remand Report Or Chargesheet': Telangana HC Probe Into Alleged Illegal Detention By Police
The Telangana High Court has directed the Director General of Police to register a crime/FIR and entrust investigation to a Special Investigation Team (SIT) or CB-CID on a petition alleging illegal detention, coercion and abuse of authority by police officials. [2026 LiveLaw (Tel) 83]A Single Judge Bench of Justice N. Tukaramji observed:“This inconsistency raises serious concerns regarding...
FIR Number Allegedly Prepared Before FIR Registration Raises Material Doubt About Recovery: Uttarakhand HC Grants Bail In NDPS Case
The Uttarakhand High Court has granted bail to two accused booked under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, holding that the appearance of the FIR number on the inventory report and arrest memo, which according to the prosecution had been prepared before registration of the FIR, constituted a material procedural infirmity that prima facie cast doubt on...
Banks Can't Freeze Entire Account Anticipating Future Directions From Probe Agencies: Karnataka High Court
The Karnataka High Court has held that a bank cannot freeze an "entire bank account" merely on the apprehension that directions for freezing additional amounts may be received from the investigating agencies in the future. [2026 LiveLaw (Kar) 207] “A possibility or apprehension of a future event cannot be equated with a lawful order. The powers exercised by a bank must be traceable to...
Can A Person Be Jailed For More Than 6 Months For Non-Payment Of Fine In Cheque Bounce Case? Karnataka High Court Explains
The Karnataka High Court has held that the default jail term for non-payment of fine in cheque bounce cases cannot exceed one-fourth of the maximum substantive sentence prescribed for the offence, which means that it can't exceed six months in each case where the maximum punishment is two years. [2026 LiveLaw (Kar) 206]Relying on Section 65 of IPC [Section 8(3) BNS- Limit to imprisonment...
Police Can't Decide Candidate's Employment Suitability While Verifying Criminal Antecedents: Kerala High Court
The Kerala High Court has recently held that the police cannot decide whether or not a person is suitable for appointment while issuing a verification report containing criminal antecedents under Section 53 of Kerala Police Act, 2011.2026 LiveLaw (Ker) 325Justice Bechu Kurian Thomas remarked:“In a report verifying the antecedents of an applicant for employment, it is not open for a...