Mere Protesting Or Using Bad Language Does Not Constitute Obstruction Of Public Servant: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that mere protest or use of intemperate language against a public servant, in the absence of any overt act that actually obstructs the discharge of official duties, does not constitute an offence under Section 186 of the Indian Penal Code (IPC). The Court observed that while “obstruction” need not necessarily be physical, the prosecution must...

Contradictory Doctor Testimony In POCSO Case Prompts Madras High Court To Order Guidelines For Medical Witnesses

After taking note of contradictory testimony of a Doctor in a POCSO case, the Madras High Court recently directed the Secretary to Government, Health and Family Welfare Department and the Director of Medical Education to issue a comprehensive circular/guideline to all Government Medical Colleges, Government Hospitals, etc, detaling the duties and responsibilities of Government...

Employer Cannot Constitute Its Own Appellate Authority Under POSH Act: Bombay High Court

The Bombay High Court has held that Section 18 of the POSH Act read with Rule 11 of the POSH Rules does not confer any authority or jurisdiction on an employer to create or constitute an Appellate Authority. The Court further cautioned that public institutions must be cautious in interpreting, as a misconceived interpretation can lead to a chaotic situation. A Division Bench comprising Justice...

Witness Attesting Allegedly Fraudulent Document Not Criminally Liable Without Specific Allegations: AP High Court

The Andhra Pradesh High Court held that mere attestation of an allegedly fraudulent document, without any specific allegation attributing an active role to the attesting witnesses in the alleged offence, cannot by itself make them criminally liable. [2026 LiveLaw (AP) 195]The Court accordingly quashed the criminal proceedings against two accused who had been implicated solely on the ground...

Mere Assault On Woman Without Specific Overt Act Towards Commission Of Rape, Is Not Attempt To Rape: Jharkhand High Court

The Jharkhand High Court has held that an assault on a woman, in the absence of any specific overt act towards the commission of rape, would not by itself constitute an attempt to rape.A Single Judge Bench of Justice Pradeep Kumar Srivastava altered the conviction of a man from attempt to rape under Sections 376/511 of the Indian Penal Code to the offence of outraging the modesty of a woman...

Right To Marry Human Right, Post-Divorce Marriage Valid When Appeal Was Dismissed For Default: Madras High Court

The Madras High Court recently held that a re-marriage that took place post-divorce was valid when the appeal against the order of divorce was dismissed for default. [2026 LiveLaw (Mad) 400]. The bench of Justice GR Swaminathan and Justice MD Sumathi noted that when there was no stay on the divorce order, the status of the woman was that of a “divorced woman” and she was thus...

'No Action Against Consensual Sex Work': Chhattisgarh High Court Quashes Immoral Trafficking Case Against Sex Worker

The Chhattisgarh High Court has held that where it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action. The Court observed that continuation of the criminal proceedings based on such a basis would amount to subjecting a woman to the very harassment against which the Supreme Court had issued...

Common Intention | S.34 IPC Attracted Where Co-Accused's Participation Has 'Functional Relationship' With Offence: Allahabad High Court

The Allahabad High Court has observed that to attract 'common intention' liability under Section 34 IPC, the participation of a co-accused must have a "functional relationship with the offense in question".The bench clarified that the mere fact that several persons participated in the same occurrence does not make each of them liable for every offence committed during it. A Bench of Justice...

Supreme Court Stays PMLA Trial Against J&K Officer

The Supreme Court has stayed the proceedings before the Special Court (Srinagar) under the Prevention of Money Laundering Act, 2002 (PMLA) against Tariq Ahmad Ganaie, after the petitioner raised the lack of prior sanction as required under Section 197 of the Code of Criminal Procedure, 1973 (CrPC, now Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The provision mandates...

Merely Lodging A False FIR Is Not Abetment Of Suicide: Supreme Court

Merely because a dejected husband, or lover, out of frustration, ends his life and puts the blame on the accused, in his suicide note, is not enough to conclude that a prima facie case is made out.

Gujarat High Court Grants Bail To Man Accused Of Objecting To SC/ST Community Member's Invitation To Brahmin Marriage Function

The Gujarat High Court granted regular bail to a man accused of portraying complainant as a "bootlegger" and saying that a member of SC/ST community should not be invited to marriage in the Brahmin community. [2026 LiveLaw (Guj) 223]The court was hearing a man's appeal booked under Sections 3(1)(U) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 whose regular...

Every Medical Error Not Criminal Negligence: Telangana High Court Quashes FIR Against Diagnostic Staff For Issuing False Positive Report

While quashing FIR against four staff members of a diagnostic centre for issuing an allegedly false positive Hepatitis B report to a woman before her hernia surgery, the Telangana High Court said that not criminal law cannot be invoked to punish every instance of professional negligence. [2026 LiveLaw (Tel) 134]In doing so the court held that mere inadvertence, an error of judgment, or a lapse...