Before Issuing NBW Against Accused On Bail, Court Should Consider Notice To Bailors Or Bailable Warrant: Orissa High Court

The Orissa High Court has held that a Non-Bailable Warrant (NBW) should not ordinarily be issued against an accused who is on bail, without first resorting to issuance of notice to his bailors and issuing bailable warrant, if needed.While setting aside an order directing issuance of NBW, the Bench of Justice Gourishankar Satapathy observed–“Liberty of a person cannot be taken away...

S. 173(8) CrPC | Magistrate Can Direct Further Investigation Even Without Prayer From Investigating Agency/ Complainant: Orissa High Court

The Orissa High Court has held that a Magistrate or a Special Judge is empowered to direct further investigation under Section 173(8) of the Code of Criminal Procedure (CrPC), even without any formal prayer from investigating agency or complainant, in a case where the investigating agency has submitted a final form due to lack of evidence.Clarifying the position of law vis-à-vis power of...

Trial Court Can't Summon Doctor In Medical Negligence Case Without Awaiting Expert Opinion It Sought: Punjab & Haryana High Court

The Punjab and Haryana High Court has set aside a summoning order issued against a doctor in a criminal complaint alleging medical negligence, holding that the trial court acted perversely in proceeding without awaiting an expert opinion which it had itself directed to be obtained.Justice Surya Pratap Singh noted, "it abundantly clear that there was a direction by the learned trial Court to...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: May 2026

SUPREME COURT Pre-Cognizance Hearing Of Accused Mandatory For PMLA Complaint When Cognizance Taken After BNSS: Supreme Court Cause Title: PARVINDER SINGH VERSUS DIRECTORATE OF ENFORCEMENT In an important ruling, the Supreme Court has held that where cognizance of an alleged offence under the Prevention of Money Laundering Act, 2002 is taken by a magistrate after the commencement of...

Sexual Offence Victims Take Time To Muster Courage, Fear 'Uncomfortable Questions' : Bombay High Court Refuses To Quash FIR For Delay

A First Information Report (FIR) registered in sexual offences, cannot be quashed merely on the ground of delay as the victim takes time to muster courage to lodge the complaint fearing the social stigma and also the 'uncomfortable' questions that she would be subjected to, held the Bombay High Court recently while quashing a section 354 (outraging modesty) case against a man, who molested...

Umar Khalid, Sharjeel Imam Move Court Seeking Bail In Delhi Riots Larger Conspiracy Case

Umar Khalid and Sharjeel Imam have moved a Delhi Court seeking bail in the case alleging larger conspiracy into the commission of 2020 North East Delhi riots registered under UAPA.Vacation Judge Dr. Sumedh Kumar Sethiof Karkardooma Courts issued notice in the bail pleas and sought response of the Delhi Police. The matter is listed for hearing on July 04. Imam and Khalid have filed regular...

POCSO Prosecution Cannot Be Quashed Merely Because Minor Victim Refuses To Continue Case: Rajasthan High Court

The Rajasthan High Court set aside the order of the trial court that accepted the negative final report submitted by the police based on the consent given by the minor prosecutrix to the effect that she did not want to proceed with the proceedings against the accused persons. The bench of Justice Anoop Kumar Dhand held that prosecution of the accused persons under POCSO could not be...

Deceased Victim's Legal Heirs Fall Under Ambit Of Section 2(wa) CrPC, Entitled To Continue Appeal Against Acquittal: Rajasthan High Court

Rajasthan High Court has held that legal representatives/heirs of the victim fall under the ambit of the term “victim” under Section 2(wa) CrPC, and thus have the right to continue prosecution against the accused in the event of the victim's death.The bench of Justice Anoop Kumar Dhand further observed that while many amendments were made in favour of the victim, giving them right to...

'Criminal Law Can't Be Invoked Against Every Relative Of Husband Due To Matrimonial Discord': Madras HC Quashes S.498A IPC Case Against In-Laws

The Madras High Court recently quashed criminal cases against a husband's relatives under Section 498A of the IPC after noting that the allegations against the relatives were vague and unsupported by documents. Justice Victoria Gowri underlined that criminal prosecution cannot be launched against a husband's relative merely because there is matrimonial discord among...

No 'Honour' In 'Honour Killing', It's A Shameful Act And Extreme Reflection Of Casteism: Madras High Court

While dealing with the bail application of an accused cop in the honour killing of 27-year-old Kavin in Thirunelveli last year, the Madras High Court lamented the increasing instances of caste-based violence. Justice B Pugalendhi observed that there were 59 honour killings in the State of Tamil Nadu over the past 10 years. The judge remarked that deep-rooted casteism in the minds of...

'Serious Allegations': MP High Court Denies Anticipatory Bail To Husband Accused Of Trying To Commit Unnatural Sexual Acts With Wife

The Madhya Pradesh High Court has denied anticipatory bail to a husband who is accused of causing injuries to his wife in order to raise the demand of Rs. 5 lakh and attempting to commit unnatural sexual acts with her, noting that the allegations were serious in nature. The bench of Justice Rajendra Kumar Vani noted:"Having heard learned counsel for the parties and upon perusal of the case...

Right To Liberty Not Absolute, Bail Cannot Be Granted If Accused Has Serious Criminal Antecedents: Bombay High Court

The Bombay High Court has held that the fundamental right to liberty guaranteed under Article 21 of the Constitution of India is not an absolute right and a person having serious criminal antecedents cannot be granted bail solely on the ground of long incarceration. Sitting at the Nagpur bench, Justice Mahendra Nerlikar denied bail to one Swapnil Kashikar, booked for murdering a former...