Criminal Law
Kerala High Court Asks Magistrate To Proceed With Complaint Against 5 Cops Accused Of Assaulting Army Personnel, Defers Sanction Issue
The Kerala High Court recently directed the Magistrate Court, Chittoor to proceed against five policemen, who allegedly beat up Indian Army sepoy, during Kollemgode Temple 'Aaraattu' festival in 2019. [2026 LiveLaw (Ker) 426]Justice G. Girish directed that the question of requirement of sanction can be considered at a later stage, after the completion of evidence.The Court was considering...
'Helpless Girl' Allegedly Murdered By Own Family: Allahabad High Court Denies Anticipatory Bail To Aunt, Uncle In 'Honour Killing' Case
The Allahabad High Court last week refused anticipatory bail to the aunt (bua) and uncle (fufa) of a woman allegedly murdered in an 'honour killing' in Agra, observing that the case involved serious allegations and that the applicants' custodial interrogation was necessary to unearth the truth.The Court also noted that the applicants had allegedly remained absconding for the past 7 months...
Victim 'Habituated To Sexual Intercourse': Jharkhand High Court Acquits Man In Rape Case After Noting 5-Year Relationship
The Jharkhand High Court has acquitted a man convicted of rape on the false promise of marriage, holding that the evidence showed the prosecutrix, a 30-year-old woman, had been in a consensual relationship with the appellant for nearly five years and was habituated to sexual intercourse. The Court held that the case did not fall within the category of rape on a false promise of marriage.A...
S.397(2) CrPC | Order Refusing Additional Evidence At Appellate Stage Is Interlocutory, Revision Not Maintainable: AP High Court
The Andhra Pradesh High Court has held that a criminal revision petition is not maintainable against an interlocutory order rejecting an application to adduce additional evidence at the appellate stage. [2026 LiveLaw (AP) 170]The Court clarified that such an order does not determine the substantive rights of the parties and is therefore barred from revision under Section 397(2) of the Code...
How Should A Test Identification Parade (TIP) Be Conducted? Allahabad High Court Explains Step-By-Step Procedure
The Allahabad High Court last week elaborately explained the step-by-step procedure governing the conduct of a Test Identification Parade (TIP).The bench clarified that such an identification parade must strictly comply with the safeguards prescribed under the UP Police Regulations and the UP Jail Manual, as any unexplained delay or procedural lapse seriously undermines their...
'Prima Facie' Case Of Harbouring Offender: Kerala High Court Upholds FIR Against Priest For Aiding Woman Impersonating A Lawyer
The Kerala High Court has refused to quash criminal proceedings against a priest charged with aiding a woman who allegedly forged an advocate's enrolment certificate and practised as a lawyer, holding that the materials collected during investigation prima facie make out an offence of 'harboring' under Section 212 IPC. [2026 LiveLaw (Ker) 421]For context, the allegation against the first...
Reliable Dying Declaration Alone Can Be Basis For Conviction: Allahabad High Court Affirms Life Sentence Of 2 For Setting Woman Ablaze
The Allahabad High Court last week affirmed the life sentence awarded to 2 women for killing a married woman by setting her ablaze while observing that a dying declaration which is voluntary, truthful and recorded when the maker is in a fit state of mind can, by itself, form the basis of conviction.A Bench of Justice Rajesh Singh Chauhan and Justice Pramod Kumar Srivastava thus dismissed...
Gujarat Govt Reinstates Special Public Prosecutor In 2019 Vadodara Custodial Death Case After High Court Intervention
The Gujarat High Court was informed on Friday (July 31) that the State government has reinstated the Special Public Prosecutor (SPP), who was earlier conducting the trial in the 2019 alleged custodial death of a Telangana man in Vadodara and whose appointment had subsequently been discontinued. [2026 LiveLaw (Guj) 209]The development came after the High Court had asked the State to take...
Fake Aadhaar, PAN Cards For Illegal Bangladeshi Immigrants Prima Facie Endanger India's Sovereignty: Karnataka High Court
The Karnataka High Court has observed that facilitating fake Aadhaar and PAN cards for illegal immigrants from Bangladesh prima facie amounts to an act endangering the sovereignty, unity and integrity of India under Section 152 of the Bharatiya Nyaya Sanhita (BNS). [2026 LiveLaw (Kar) 276]The single judge bench of Justice S Vishwajith Shetty thus dismissed the bail plea of Sidul Mandal,...
Last Seen Theory Alone Cannot Sustain Murder Conviction: Allahabad High Court Acquits Three In 1996 Double Murder Case
The Allahabad High Court last week set aside the conviction of 3 men in a 1996 double murder case while observing that a conviction in a case based on circumstantial evidence cannot be sustained solely on the "last seen together" theory/evidence unless every link in the chain of circumstances is proved beyond a reasonable doubt.The Court found that in this case, the prosecution had failed...
Can CBI Re-Arrest Accused Granted Bail On Technical Grounds Without First Obtaining Bail Cancellation Order? Gauhati High Court Answers
The Gauhati High Court has held that an investigating agency can re-arrest an accused who was granted bail on procedural technicalities rather than on merits, without first obtaining an order cancelling the bail.Justice Sanjeev Kumar Sharma dismissed a criminal petition challenging a Special Judge's order issuing a production warrant and permitting the Central Bureau of Investigation (CBI)...