Criminal Law
S. 19 JJ Act | Children's Court Must Pass Reasoned Order Before Trying Child As Adult: Supreme Court
In an important direction for the Children Courts across the country, the Supreme Court on Monday (July 13) has held that a Children's Court cannot proceed to try a child in conflict with law as an adult without first passing a reasoned order under Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Holding that this requirement is mandatory, a bench of...
Long Continuous Consensual Relationship Not 'Rape': Allahabad High Court Discharges Man, Notes Financial Dispute Between Parties
The Allahabad High Court recently observed that a long, continuous physical relationship between consenting adults cannot be termed 'rape' when a promise to marry fails, especially when the underlying dispute is predominantly civil and financial in nature. Allowing two connected criminal appeals, a bench of Justice Santosh Rai discharged the accused (Saurabh Pal Singh) of all...
Bombay High Court Suspends Sentence Of Mother, Alleged Paramour Convicted Of Drowning 10-Year-Old Boy In Canal
The Bombay High Court recently granted bail and suspended the lifetime rigorous imprisonment imposed on a woman and her alleged lover, both of whom were convicted for killing the woman's son as he allegedly learnt about their affair. Sitting at the Kolhapur bench, a division bench of Justice Milind Jadhav and Justice Nandesh Deshpande noted that the motive attributed to the convicts...
P&H High Court Applies 'Descending Scale' Sentencing Model, Commutes Death Sentence For 6-Yr-Old's Rape-Murder But Bars Release Before 50 Yrs
The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for rape and murder of a six-year-old girl, but directed that he shall not be released unless he serves a minimum actual sentence of 50 years. [2026 LiveLaw (PH) 228]In doing so, the Division Bench of Justice Anoop Chitkara and Justice Ramesh Chander Dimri applied the "descending scale" model...
Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case
The Allahabad High Court last week dismissed a state appeal challenging the acquittal of a man accused of rape as it observed that it was highly improbable for the crime to have been committed while the victim's children and other family members were present inside the house. The High Court also noted a material discrepancy in the statement of the victim with regard to the commission of...
Section 354 IPC Not Covered By Section 42 POCSO Act, Trial Court Erred In Not Awarding Separate Sentence: Delhi High Court
The Delhi High Court has observed that a trial court erred in not awarding a separate sentence for the offence under Section 354 IPC (assault or criminal force to a woman with intent to outrage her modesty) in a case involving sexual assault on a six-year-old girl, clarifying that the provision is not among the IPC offences covered by Section 42 of the Protection of Children from Sexual...
Empty Berths Sold "Like Vegetables In A Market" By Ticket Checkers: Calcutta High Court In Train Murder-Robbery Case
The Calcutta High Court has come down heavily on the functioning of Travelling Ticket Examiners (TTEs), observing that the practice of illegally allotting vacant berths to unreserved passengers for money is the primary reason behind several drugging-and-robbery incidents on trains. The Court remarked that TTEs "sell empty berths in trains like vegetables in a market" and directed that a copy...
Mere Marriage To Extremist, Presence At Encounter Site With Child Can't Sustain Conviction: Jharkhand High Court Acquits Woman
The Jharkhand High Court has acquitted a woman convicted under various provisions of the IPC, Arms Act and Criminal Law Amendment Act in connection with an encounter involving alleged extremists, holding that mere marriage to an extremist and presence at the place of occurrence with her 1½-year-old child were insufficient to sustain her conviction in the absence of evidence showing any overt...
Mere Smell Of Alcohol Without Blood Test Or Breathalyser Cannot Establish Drunken Driving: Uttarakhand High Court
The Uttarakhand High Court has held that the smell of alcohol on the breath of an accused, without a blood test or breathalyser establishing that the alcohol concentration exceeded the statutory limit under the Motor Vehicles Act, 1988, cannot establish drunken driving or justify framing a charge of culpable homicide not amounting to murder under Section 105 of the Bharatiya Nyaya...
Previous Bail Orders Relevant Material For 'Subjective Satisfaction' Of Preventive Detention: Andhra Pradesh High Court
The Andhra Pradesh High Court set aside a preventive detention order after finding that the detaining authority failed to consider multiple bail orders granted to the detenu, holding that bail orders are vital material and their non-consideration vitiates the subjective satisfaction required for preventive detention. [2026 LiveLaw (AP) 121]The order was passed by a Division Bench of Justice...
Calcutta High Court Refuses To Quash Dowry Case, Says Woman Can File Complaint From Parent's Home If Cruelty Persists
The Calcutta High Court has refused to quash criminal proceedings against a husband and his family members in a dowry harassment and matrimonial cruelty case, holding that a woman who leaves her matrimonial home can initiate proceedings from the place where she takes shelter if the effects of cruelty continue there. The Court further held that withdrawal of proceedings under the Protection...