Criminal Law
POCSO | Putting Vibrating Machine On Victim's Vaginal Opening Amounts To Penetrative Sexual Assault & Rape: Kerala High Court
The Kerala High Court recently clarified that putting a vibrating machine on the victim's vaginal opening amounts to 'penetrative sexual assault' punishable under the POCSO Act as well as rape punishable under the Indian Penal Code. [2026 LiveLaw (Ker) 416]Justice A. Badharudeen referred to Section 3 of the POCSO Act [Protection of Children from Sexual Offences Act], which defines...
'1.45 Lakh Cases Pending Without Closure Report Despite Completed Investigation': Chhattisgarh High Court Seeks DGP's Reply
The Chhattisgarh High Court has directed the Director General of Police to file an updated status report on cases in which investigations have been completed but closure reports have not yet been filed before the competent courts. The Court noted that despite a reduction in the backlog, over 1.45 lakh such cases remained pending.A Division Bench of Chief Justice Ramesh Sinha and Justice...
PC Act | Decision To Refuse Prosecution Sanction Can't Be Reviewed On Same Materials : Supreme Court
The Supreme Court recently observed that an order denying sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 cannot be reviewed by the appropriate authority unless fresh material emerges which was not available at the earlier instance. "A mere change of opinion per se on the same materials cannot be a ground for review or reconsideration of an earlier...
Patna High Court Quashes FIR Against GATE AIR 45 Holder, Says Student Protest Was In 'Youthful Exuberance'
The Patna High Court has quashed an FIR lodged against an engineering student accused of vandalism and assault during a protest over internal assessment marks, observing that the incident was merely “an act of protest undertaken by a number of students in youthful exuberance” and that continuation of the proceedings would unfairly jeopardise the petitioner's future.A Single Judge Bench...
Maintenance Granted Under HAMA Can't Be Enhanced Under Section 127 CrPC: Orissa High Court
The Orissa High Court has held that a Family Court cannot exercise its jurisdiction under Section 127 of the Code of Criminal Procedure (CrPC) to enhance maintenance amount when the original maintenance order was passed under the Hindu Adoption and Maintenance Act, 1956 (HAMA). [2026 LiveLaw (Ori) 86]While setting aside the impugned order which was passed on such jurisdictional error, the...
Promise To Marry Doesn't Ordinarily Vitiate Consent If Both Parties Know Woman Is Already Married: Rajasthan High Court
While setting aside charges framed against a man for offences including repeated rape under Section 376(2)(n) IPC, the Rajasthan High Court held that where both parties are conscious that the prosecutrix's first marriage is subsisting, it would ordinarily be difficult to conclude that she was induced into a physical relationship solely on the promise of marriage.The bench of Justice...
S.125 CrPC | Woman Can't Claim Maintenance As Live-In Partner Without Pleading Or Proving Such Relationship: Allahabad High Court
The Allahabad High Court has held that a woman seeking maintenance under Section 125 Cr.P.C. cannot invoke the protection extended to live-in partners where she has neither pleaded such a relationship nor established that a marriage took place. It held that this is all the more so where the man has categorically denied having any relationship with her.Justice Lakshmi Kant Shukla...
Larger Conspiracy Uncovered During Probe Justifies Registration Of Second FIR: Rajasthan High Court
The Rajasthan High Court has held that merely because the material leading to registration of a subsequent FIR surfaced during the investigation of an earlier FIR, the later FIR does not become impermissible. [2026 LiveLaw (Raj) 308]While dismissing a quashing petition, Justice Baljinder Singh Sandhu observed that where subsequent information discloses a distinct incident, a separate...
Supreme Court Upholds Constitutionality Of Sentences Of Imprisonment For Remainder Of Natural Life Without Remission
The Supreme Court has upheld the constitutional validity of sentences directing imprisonment for the remainder of a convict's natural life, dismissing a batch of writ petitions that challenged such punishments as unconstitutional and contrary to the statutory remission framework.A Bench of Justice Sanjay Karol and Justice Augustine George Masih rejected petitions filed by four sets of...
Madras High Court Issues Directions To State, Judiciary For Speedy Trial Of Rape & POCSO Cases
The Madras High Court has issued a slew of directions to the State Government and the State judiciary for speeding up the investigation and trial of cases of crimes against women and children. [2026 LiveLaw (Mad) 350] The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan stressed the need to follow the time limit prescribed for completing trial and witness...
Mother Who Dismissed Complaints, Let Accused Stay At Home "Intentionally Aids" POCSO Offence By Illegal Omission: Delhi High Court
The Delhi High Court has held that a mother who dismisses her children's complaints of sexual abuse and continues to allow the accused to reside in the house "intentionally aids" the offence by illegal omission under Section 16(iii) of the Protection of Children from Sexual Offences (POCSO) Act. [2026 LiveLaw (Del) 706]Section 16(iii) provides that a person abets an offence under the...
NHAI Not A Necessary Party In Motor Accident Compensation Proceedings: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the National Highways Authority of India (NHAI) and its road contractor are neither necessary nor proper parties in proceedings before a Motor Accident Claims Tribunal (MACT), as the Tribunal is empowered under Section 168 of the Motor Vehicles Act to pass an award only against the insurer, owner or driver of the offending vehicle. The Court...











