Criminal Law
'No Mechanical FIRs For Harsh Political Posts' : Supreme Court Upholds Telangana HC Guidelines For Cases Over Social Media Posts
The Supreme Court recently upheld the guidelines framed by the Telangana High Court regulating registration of FIRs in cases arising out of social media posts and directing the police not to mechanically register FIRs over "harsh, offensive, or critical political speeches".The High Court had held that in case of social media posts FIR for promotion of enmity, threat to public order, or...
S. 215 BNSS | Police Can't Directly Register FIR For Offences Concerning Court Proceedings; Court Must Initiate Prosecution: Madhya Pradesh HC
The Madhya Pradesh High Court has held that where offences are alleged to have been committed in or in relation to a court proceeding, the procedure prescribed under Sections 215 and 379 BNSS must be strictly followed, and the court concerned must first apply its mind before issuing any direction for the registration of an FIR by making a complaint in writing."A police officer cannot...
S. 482 BNSS | No Anticipatory Bail Under SC/ST Act When Prosecution Materials Show Prima Facie Offence : Kerala High Court
The Kerala High Court recently clarified that since Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provides that Section 438 CrPC regarding pre-arrest bail is not applicable to persons committing offences under the Act, the same can be said about its corresponding provision, Section 482 of the Bharatiya Nagarik Suraksha Sanhita.Justice A....
Victim Cannot File Second Appeal Against Order Affirming Acquittal By Seeking Special Leave From HC U/S 419(4) BNSS: Kerala High Court
The Kerala High Court recently passed a judgment holding that a victim cannot file a second appeal against the acquittal of an accused by seeking special leave from the High Court as per Section 419(4) of the Bharatiya Nagarik Suraksha Sanhita.Relying on the Supreme Court's observations in Asian Paints Limited v. Ram Babu and Another, Justice Bechu Kurian Thomas remarked:“It is evident from...
Neighbour Can't Be Booked For Matrimonial Cruelty Under Section 498A IPC: Karnataka High Court
The Karnataka High Court has reiterated that a stranger/neighbour cannot be drawn into cruelty proceedings under Section 498A of the IPC amid matrimonial dispute between the husband, wife or other family members. Justice M Nagaprasanna held thus while allowing a petition filed by one Asha G, neighbour of the complainant's husband, who was booked under Sections 498A, 504, 506, 323 read with 34...
BNSS Procedures Mandatory For GST Arrests Despite Revenue Nature Of Investigation: Gauhati High Court
The Gauhati High Court held that even though GST investigations are revenue in nature, arrests made by GST officers must strictly comply with the mandatory procedural safeguards prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Justice Pranjal Das opined that even with regard to arrest by revenue authorities under GST, the procedural compliance...
P&H High Court Refuses To Quash Cruelty FIR, Says Allegations Against Mother-In-Law Who Died 23 Yrs Ago Appear To Be Typographical Error
The Punjab & Haryana High Court has dismissed a plea seeking quashing of a cruelty FIR observing that the alleged reference to a deceased mother-in-law in the complaint appeared to be a typographical error and could not, by itself, justify quashing of criminal proceedings. In FIR it was alleged that the mother in law of the complainant who had already passed away 23 years ago used to...
S.498A IPC | Offence Of Cruelty Attracted Even To Live-In Relationships, Void & Voidable Marriages: Karnataka High Court
The Karnataka High Court has held that the provisions of Section 498A IPC (cruelty) are attracted even in cases of a void or voidable marriage, or a relationship in the nature of marriage such as live-in relationships provided the ingredients of the offence are otherwise established.The petitioner man had alleged that the complainant and him were not legally married and thus she could not...
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest: October 2025
SUPREME COURT Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors: Supreme Court Case: State of Rajasthan v Parmeshwar Ramlal Joshi and others Citation: 2025 LiveLaw (SC) 984 The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except...
Mere Taunts, Family Friction In Ordinary Marital Life Not Cruelty: Delhi High Court
The Delhi High Court has observed that mere taunts, casual references and general family friction occurring in ordinary wear and tear of marital life is not sufficient to constitute the offence of cruelty. Justice Amit Mahajan noted that there is a growing tendency to rope in even distant relatives of husbands, who do not even reside at the matrimonial house, even in the dearth of evidence....
Does Section 498A IPC Apply To Same Sex Relationships? Delhi High Court To Consider
The Delhi High Court is set to consider whether the offence of cruelty punishable under Section 498A of Indian Penal Code, 1860, applies to same sex couples or relationships.Justice Sanjeev Narula issued notice on a plea filed by one Simmi Patwa, claiming that the provision cannot apply to same sex couples. The petitioner submits that the primary requirement to invoke Section 498A is that...