“Should Have Been Some Injuries If Five Accused Had Committed Rape”: Patna High Court Acquits Four, Sets Aside 22-Yr-Old's Conviction

The Patna High Court has acquitted four men convicted of gang rape, observing that if five accused had committed rape upon the victim one after another, there should have been some injuries on her body.A Single Judge Bench of Justice G. Anupama Chakravarthy set aside the 2004 conviction after finding that the medical evidence did not corroborate the oral testimony and that there were...

S.73(e) Of Bihar Excise Act Is Not Mandatory, Uses 'May' Instead Of 'Shall': Patna High Court Declines To Interfere In Liquour Seizure

The Patna High Court has held that Section 73(e) of the Bihar Prohibition and Excise Act, 2016 is not mandatory, noting that the legislature has used the word “may” and not “shall” in the provision.A Single Judge Bench of Justice Praveen Kumar made the observation while refusing to interfere with an order taking cognizance against a man for offences under Section 273 of the Indian...

'Protectors Have Become Violators': HP High Court Upholds Dismissal Of Police Constables Convicted Under NDPS Act

The Himachal Pradesh High Court has upheld the dismissal of two police constables convicted of offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), observing that the involvement of police personnel in NDPS offences was a serious matter. The Court held that, in the circumstances of the case, the dismissal of the constables was neither grossly excessive...

Accused On Interim Bail Cannot Be Arrested Merely Because New Offences Are Added: Allahabad High Court Orders Inquiry Against Cop

The Allahabad High Court has observed that an accused who is already on interim bail in a case cannot be arrested merely because additional offences have been added during the course of investigation, without the police first approaching the concerned court for appropriate orders. A Bench of Justice Samit Gopal termed the arrest of an accused, while on interim bail, booked under...

Rajasthan High Court Issues Guidelines To Combat Blanket Freezing Of Bank Accounts In Cyber Crime Cases

The Rajasthan High Court has recently issued comprehensive guidelines for investigative agencies, banks and other authorities to combat "indiscriminate" freezing of bank accounts in cyber crime cases with the object of not only ensuring effective investigation but also protect "innocent citizens". Justice Anand Sharma was dealing with a batch of 105 petitions wherein petitioners had...

'Child Witness Testimony Not Convincing' : Supreme Court Sets Aside Murder Conviction

The Supreme Court on Thursday (August 20) overturned the murder conviction of a man accused of killing his wife and child, after finding that the child witness testimony relied upon by the trial court was suspect to tutoring and unsupported by any corroborating material.A bench of Justice Sanjay Karol and Justice Augustine George Masih set aside the Madhya Pradesh High Court's judgment which...

POCSO Misuse | Allahabad High Court Flags Use Of Forged School Certificates To Show Victims As Minors, Seeks UP Govt Guidelines

The Allahabad High Court recently flagged what it described as the "clear misuse of the POCSO Act" by the parents of the victims who submit forged school certificates to show the victims as below 18 years of age.The Court noted that this practice results in the false implication of several young boys who find it difficult to obtain bail and are easily convicted in view of the presumption...

Accused On Bail Shown As In Jail, Gang Chart Approved Without Joint Meeting: Allahabad High Court Quashes UP Gangsters Act FIR

The Allahabad High Court recently quashed an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, after noting that the mandatory joint meeting was not held and incorrect entries were made showing accused persons as being in jail despite the fact that they had been granted bail. A Bench of Justice JJ Munir and Justice Tarun Saxena thus allowed...

S.149 IPC | Mere Presence Or Nomination In FIR Cannot Sustain Conviction Without Proof Of Unlawful Assembly, Common Object: Allahabad High Court

No specific role or weapon attributed to two accused; Court finds Prosecution failed to establish they were part of alleged Unlawful Assembly or shared a Common Object

Mere Threats Don't Constitute Criminal Intimidation Without Intent To Cause Alarm: Gujarat High Court Quashes FIR

The Gujarat High Court has held that merely threatening without an intention to cause alarm to the complainant would not constitute offence of criminal intimidation. [2026 LiveLaw (Guj) 225]In doing so the court held that to invoke this offence the complainant must establish that the accused had an intention to cause alarm to him. The petitioners had sought quashing of an FIR under IPC...

Insistence On Prior Complaint Or Documentary Proof Of Injury To Establish Matrimonial Cruelty “Absurd”: Jharkhand High Court

The Jharkhand High Court has observed that insisting on a prior police complaint regarding assault and torture, or documentary proof of injuries, to establish matrimonial cruelty is “absolutely absurd and unwarranted”.A Single Judge Bench of Justice Pradeep Kumar Srivastava made the observation while setting aside an appellate court's decision acquitting a husband of the offence under...

Holding Ambedkar Jayanti Meeting In School Was Not Attempt To Unduly Influence Lok Sabha Polls: Jharkhand High Court Quashes Case

The Jharkhand High Court has held that merely organising a meeting in a school hall to celebrate Ambedkar Jayanti does not amount to undue influence at an election under Section 171F of the IPC.A Single Judge Bench of Justice Anil Kumar Choudhary quashed criminal proceedings against two persons who were booked over a meeting held during the 2024 Lok Sabha elections.The first petitioner was...