Hearing Of Accused Necessary When Cognizance Taken After BNSS Came Into Force, Though Complaint Filed Earlier: Supreme Court

The Supreme Court recently held that where a Magistrate applied judicial mind and found a prima facie case only after the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force, cognizance is deemed to have been taken on that date. The accused, therefore, had to be heard first, as the proviso to Section 223 of the BNSS requires.A bench of Justice JB Pardiwala and Justice K Vinod...

Antilia Bomb Scare Case: Special Court Criticises NIA For 'Incompetence', Questions Why Statements Of Ambani Family Not Recorded

While ordering release of controversial cop Sachin Waze in the Antilia Bomb Scare Case, a special court on Tuesday (September 29) criticised the National Investigation Agency (NIA) for its 'incompetence' in handling the case by waiting for a 'Shubh Muhurat' to record statements of Industrialist Mukesh Ambani and his family members, whom the agency claims, the accused wanted to...

Accused Entitled To Seek Production Of Prosecution's Unrelied Documents At Appropriate Stage In Trial : Supreme Court

The Supreme Court has clarified the manner in which an accused can seek access to documents seized during investigation but not relied upon by the prosecution, holding that while an accused is entitled to documents available with the prosecuting agency to shape his defence, the stage at which such documents can be sought would depend on the nature of the documents.The Court made the...

Rape | DNA Report Inadmissible Without Examining Scientific Expert Who Conducted Test: Gujarat High Court

The Gujarat High Court upheld the acquittal of a man in a rape case while observing that the prosecution did not examine the expert who conducted the DNA profiling test and in absence of such testimony the report was inadmissible in evidence. [2026 LiveLaw (Guj) 264]The court was hearing State's appeal against trial court order acquitting the respondent of charges under Sections 64(2)(m)...

Assault On Pregnant Woman's Abdomen Can Attract 'Attempt To Murder' Charge Even If Medical Certificate Records No Injury: Karnataka High Court

The Karnataka High Court held that an assault on the abdomen of a woman, who was stated to be in an advanced stage of pregnancy, cannot fall outside ambit of attempt to murder under Section 307 IPC merely because no visible injury was recorded in the medical certificate or because both the mother and baby are currently healthy. Justice Anant Ramnath Hegde was hearing the petition filed by...

'Prima Facie Case Made Out': Bengaluru Court Denies Bail To IAS Officer Gyanendra Kumar Gangwar In KPSC Recruitment Scam

A Bengaluru Sessions Court on Friday (September 25) denied bail to IAS officer Gyanedra Kumar Gangwar booked for alleged irregularities in the recruitment of 400 veterinary officers in the Animal Husbandry and Fisheries Department, conducted by the Karnataka Public Service Commission (KPSC). Gangwar who was the former controller of examination KPSC argued that there was no direct nexus...

Wife's Masters Degree, Rejection Of Permanent Alimony Can't Be Grounds To Deny Maintenance U/S 125 CrPC: Karnataka High Court

The Karnataka High Court has held that a claim for maintenance under Section 125 CrPC cannot be denied to a wife merely because her earlier claim for permanent alimony was rejected in divorce proceedings, or on the grounds that she holds an educational qualification that might allow her to earn a livelihood. Justice Dr. Chillakur Sumalatha allowed the revision petition filed by a wife against...

Gujarat High Court Grants Bail To POCSO Accused Booked For 'Eloping' With Minor Girl To Help Evade Forced Marriage

The Gujarat High Court granted regular bail to a 21-year-old man booked for kindnapping and offences under POCSO Act, wherein he was accused of eloping with a minor girl after her parents had allegedly sought to get her married to a 34-year-old man. [2026 LiveLaw (Guj) 262]Perusing the case record and the girl's statement, Justice Hasmukh D Suthar in his order said:"Perusing the statement...

Karnataka High Court Censures RTI Applicants For Filing Thousands Of Pleas, Says RTI Must Not Be Filed 'For The Sake Of It'

The Karnataka High Court on Monday (September 28) censured several RTI applicants challenging their blacklisting by the Karnataka Information Commission (KIC), after the Commission submitted that some petitioners had filed thousands of RTI applications and appeals, including one petitioner who had allegedly filed around 20,000 applications over seven years.The Court observed that RTI...

S.65B Evidence Act Certificate Not Mandatory For Electronic Evidence Before Family Courts: Karnataka High Court

The Karnataka High Court has held that the requirement of producing a certificate under Section 65B of the Indian Evidence Act, 1872 for admitting electronic evidence such video recordings stored in CDs is not mandatory in proceedings before Family Courts. The Division Bench of Justice M.I. Arun and Justice Raghavendra Seetharam Srivatsa held that Section 14 of the Family Courts Act,...

Shuhaib Murder Case: Kerala High Court Refuses To Transfer Trial, Directs Court To Ensure Accused Get Full Opportunity To Cross-Examine Witnesses

The Kerala High Court on Tuesday (September 29) dismissed the transfer petition filed by the accused persons in the Shuhaib murder case seeking to transfer the trial from Additional Sessions Judge-III, Thalassery to another competent court. [2026 LiveLaw (Ker) 534]Youth Congress activist Shuhaib was hacked to death allegedly by CPI(M) workers in Mattanur in Kannur district on February 12,...

Potency Test Can't Be Ordered Routinely In Rape Case Alleging Digital Penetration: Telangana High Court

The Telangana High Court has set aside an order directing an accused to undergo a potency test in a rape investigation, holding that the prosecution had not explained how the test would assist its case when the allegation concerned digital penetration. [2026 LiveLaw (Tel) 158]Justice J. Sreenivas Rao held that the seriousness of an allegation and the investigating agency's power to...