S.125 CrPC | Husband's Detention For Failure To Pay Maintenance Can't Become Indefinite Punitive Imprisonment: MP High Court

The Madhya Pradesh High Court has held that imprisonment in maintenance execution proceedings is merely a coercive mechanism intended to secure compliance and cannot be converted into indefinite punitive detention. The bench of Justice Himanshu Joshi ordered the release of a labourer who had remained incarcerated since October 2025 for non-payment of maintenance arrears to his wife and...

POCSO Case Can't Be Closed Merely Because DNA Excludes Accused As Child's Father: J&K&L High Court Orders SIT Probe

The Jammu & Kashmir and Ladakh High Court has refused to quash an FIR registered under the Protection of Children from Sexual Offences (POCSO) Act against a petitioner, even though a DNA report excluded him as the biological father of the child born to the minor victim.The Court expressed astonishment at the slipshod investigation and directed the Inspector General of Police, Jammu...

Superior Police Officer Can Order Further Investigation Before Filing Of Charge-Sheet: Rajasthan High Court

The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of...

"Can't Sail In Two Boats": Rajasthan High Court Rejects Parallel Challenge To Cognizance And Framing Of Charges

The Rajasthan High Court has held that even though multiple remedies might exist with a litigant, once selection was made regarding the remedy to be pursued, that operated as a bar on simultaneous initiation of a parallel remedy.The bench of Justice Anoop Kumar Dhand opined that the aggrieved party could not be allowed to “sail in two boats” by availing parallel remedies for common...

“No Effort Was Made By Trial Judge To Analyse Evidence”: Calcutta High Court Acquits College Professor In POCSO Case

The Calcutta High Court has acquitted a Serampore College professor who had been convicted under the Protection of Children from Sexual Offences Act, holding that the prosecution failed to establish the “foundational facts” necessary to invoke the statutory presumption under Section 29 of the POCSO Act.A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray observed that...

Probation Of Offenders Act Inapplicable In Serious POCSO Offences Punishable With Life Imprisonment: Delhi High Court

The Delhi High Court has held that the benefit of probation cannot be granted in serious offences under the Protection of Children from Sexual Offences (POCSO) Act which are punishable with imprisonment for life.A division bench of Justices Navin Chawla and Ravinder Dudeja passed the ruling while hearing arguments on sentencing after convicting a man for offences under Sections 363, 366 and...

CrPC | Accused Has Absolute Right To Use Section 161 Statements To Contradict Witnesses During Cross-Examination: Kerala High Court

The Kerala High Court, in a recent judgment, clarified that an accused has an absolute right to use the previous statements given by the witnesses to the investigating officer under Section 161 Cr.P.C. for the purpose of shaking the veracity of their evidence and making it untrustworthy.Justice A. Badharudeen held:“it is the absolute right of the accused to use previous statements...

Bombay High Court Grants Parole To POCSO Convict To Construct New House After Old One Demolished For Navi Mumbai Airport Project

The Bombay High Court recently granted 25 days parole to a man convicted under the stringent Protection Of Children from Sexual Offences (POCSO) Act, for constructing a new house, after his previous home was demolished by the Maharashtra Government following acquisition of the land parcel (on which his house stood) for the Navi Mumbai International Airport. Sitting at the Nagpur seat, a...

J&K&L High Court Grants Anticipatory Bail To Army Personnel In POCSO Case After Complainant Marries Him, Drops Allegations

The Jammu and Kashmir and Ladakh High Court has granted anticipatory bail to an Army personnel accused in a case involving allegations under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, after the prosecutrix stated that she was in a consensual relationship with him, had married him after attaining majority, and did not wish to pursue the...

'De Facto Approval' For Sexual Relationship In Young Adults Can't Be Ignored Under POCSO Act: Delhi High Court

The Delhi High Court has observed that though consent is legally irrelevant under the POCSO Act, relationships among young adults involving “de facto approval” for a sexual relationship must be viewed differently while considering bail pleas.Justice Prateek Jalan made the observation while granting anticipatory bail to a 19-year-old student accused in connection with a case concerning...

S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court

The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...

High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC

The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...