Undertrial Prisoner Release : Supreme Court Directs States To Ensure Effective Functioning Of District Committees

The Supreme Court recently flagged non-compliance with the Centre's Standard Operating Procedure for the 'Support to Poor Prisoners' Scheme, directing all States to ensure that District Level Empowered Committees (DLECs) meet regularly and take timely decisions on cases of undertrial prisoners placed before them for consideration of release. “We have also taken note of the fact that...

Kissing Child's Penis Amounts To Penetrative Sexual Assault Under POCSO Act: Kerala High Court

The Kerala High Court has clarified that kissing a child's penis amounts to penetrative sexual assault as defined under Section 3(d) of the Protection of Children from Sexual Offences Act (POCSO Act). [2026 LiveLaw (Ker) 482]Justice A. Badharudeen dismissed an appeal preferred by a convict, who was awarded a 20-year term for kissing a 14 ½ year old boy on two occasions.“the statutory...

'Generic' Allegations: Bombay High Court Grants Bail To Ex-Reliance Communications Executive In Loan Fraud Case

The Bombay High Court has granted bail to Vishwanath Rao, the former Senior Vice President of the Reliance Communications group, who was booked in Rs 19,694.33 crore loan default case by the Central Bureau of Investigation (CBI).Single-judge Justice Milind Jadhav noted that the CBI has failed to bring on record any direct evidence against Rao indicating that he played an active role in the...

Mihir Rajesh Shah Judgment On Written Grounds Of Arrest Not Merely Prospective; Right Under Article 22(1) Pre-Existing: Orissa High Court

The Orissa High Court has ruled that the prospective nature of the Supreme Court's Mihir Rajesh Shah v. State of Maharashtra, 2025 LiveLaw (SC) 1066 ruling does not absolve the police/arresting authority of its duty to provide written grounds of arrest to the arrestee, since the right to be informed of the grounds of arrest flows directly from the Constitution which was merely crystalised by...

"Qualitative Difference" In Treatment Given To Undertrial Prisoners & Free Citizens: Bombay High Court Grants Medical Bail In PMLA Case

The Bombay High Court while granting medical bail to a businessman booked in a Rs 137 crore money laundering case, held that there is a 'qualitative' difference in the treatment given to an undertrial in jail barracks and the one given to a citizen under no restraint. Single-judge Justice Milind Jadhav noted that the businessman Ushik Mahesh Gala, who was arrested by the Enforcement...

Advocate Pitabash Panda Murder Case: Orissa High Court Grants Bail To Ex-MLA Bikram Panda Over Non-Supply Of Grounds Of Arrest

The Orissa High Court on Monday (August 31) granted bail to Biju Janata Dal's (BJD) ex-MLA from the Berhampur constituency Bikram Kumar Panda in the murder case of Advocate and former Odisha State Bar Council (OSBC) member Pitabash Panda. [2026 LiveLaw (Ori) 103]A Bench of Justice Aditya Kumar Mohapatra found procedural flaws in the arrest of the ex-legislator and was satisfied that grounds...

If Prosecution Fails To Examine Crucial Witness, Trial Court Must Question It : Supreme Court

The trial court cannot be a moot spectator during the trial and must actively participate to ensure that the best evidence is not suppressed, the Court said.

Demanding Repayment Of Loan Amount Not 'Intentional Aid' For Abetment Of Suicide: Madras High Court

The Madras High Court recently held that demanding repayment of a loan amount that was advanced to a person will not amount to instigation or intentional aid for the abetment of suicide. [2026 LiveLaw (Mad) 415]. Granting bail to a man, Justice S Karthikeyan noted that there was no material to show that the man intended the death of the deceased or instigated him. The court noted that...

Informant's Consent Not Needed To Quash Criminal Case Based On Settlement With Victim : Supreme Court

The Supreme Court on Monday (August 31) held that even where an FIR involves non-compoundable offences, criminal proceedings may be quashed on the basis of a settlement once the real victim has categorically settled the dispute with the accused, and the consent of an informant who is not the victim is not necessary. “Disastrous consequences will arise if such informants (who are not...

Accused Re-Arrested Without Court Permission After Prior Arrest Was Vitiated Entitled To Bail: Kerala High Court

The Kerala High Court recently held that bail cannot be denied citing implied permission to re-arrest was given by the Magistrate when no application seeking the same was moved by the investigating officer. [2026 LiveLaw (Ker) 477]Dr. Justice Kauser Edappagath granted bail to an accused, who was re-arrested without prior judicial approval after his earlier arrest was vitiated due...

"We Be Not Destroyed By Past Errors': Delhi High Court Invokes Rig Ved; Orders Premature Release Of Murder Convict 'Casually' Denied Relief

The Delhi High Court has ordered release of a murder convict serving life sentence, having spent 20 years behind bars, observing that the Sentence Review Board (SRB) had repeatedly rejected his applications for premature release without application of mind. [2026 LiveLaw (Del) 792]The petitioner, having undergone imprisonment of more than 25 years including remission, had challenged SRB...

Fees Paid To Medical College Cannot Be Treated As 'Entrustment' Under Section 406 IPC: Jharkhand High Court

The Jharkhand High Court has held that payment of fees by a student or his parents to a medical college is a standard financial or contractual transaction and cannot be treated as “entrustment” of property for attracting the offence of criminal breach of trust under Section 406 of the Indian Penal Code.A Single Judge Bench of Justice Anil Kumar Choudhary made the observation while...