Criminal Law
Cryptic Phone Calls, Wireless Messages To Police About Crime Don't By Themselves Constitute FIR: Madras High Court
The Madras High Court recently held that any information received by the police with respect to a crime would not automatically amount to a first information statement or a first information report unless such information meets the statutory requirements of Section 154 of CrPC. [2026 LiveLaw (Mad) 349] The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan observed that in...
Factory Safety Violations Covered Under Factories Act Can't Attract Parallel Prosecution Under S.304-A IPC: AP High Court
The Andhra Pradesh High Court has held that when the allegations against factory officials relate entirely to violation of safety measures governed by the Factories Act, 1948, they cannot simultaneously be prosecuted under Section 304-A of the Indian Penal Code for the same incident. [2026 LiveLaw (AP) 164]Allowing a criminal petition filed by the factory Supervisor (A1) and Occupier...
Cheque Dishonoured As 'Old Cheque' After Bank Merger Can Still Attract Section 138 NI Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has refused to quash a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act merely because the cheque was returned with the endorsement "88–Old Cheque" following the merger of Oriental Bank of Commerce with Punjab National Bank. The Court held that the expression "insufficient funds" under Section 138 is not to be construed narrowly...
Medical Negligence Case Requires Prima Facie Proof Of Gross Negligence Supported By Medical Opinion: Patna High Court
The Patna High Court has held that criminal prosecution against a doctor for alleged medical negligence cannot continue in the absence of prima facie material disclosing gross negligence supported by competent medical opinion. The Court observed that permitting such prosecution would cause manifest injustice and undermine the distinction between civil liability and criminal culpability.A...
Giving Inadequate Grounds Doesn't Automatically Vitiate Arrest Unless Accused Is Prejudiced: Orissa High Court Cites 'Sonam Raghuvanshi' Case
The Orissa High Court has held that the police furnishing inadequate grounds of arrest to the arrestee may not always vitiate the arrest, and it is vitiated only when such communication of inadequate grounds causes prejudice to the arrestee. [2026 LiveLaw (Ori) 85]While explaining the difference between “non-communication of reasons of arrest” and “inadequate communication of reasons...
Bombay High Court Quashes Externment Of SDPI Worker For Merely Protesting Babri Masjid Demolition, Opposing Central Govt Decisions
In a significant order, the Bombay High Court quashed and set aside externment order passed against a leader of the Socialist Democratic Party of India (SDPI), who was ousted from the city for participating in various agitations protesting the decisions of the Central Government and also for sloganeering against the demolition of Babri Masjid. Single-judge Justice Madhav Jamdar noted that...
Doctor Conducting Sonography Without Knowledge Of Offence Not Liable Under POCSO Act For Failure To Report: Chhattisgarh High Court
The Chhattisgarh High Court has held that a medical practitioner cannot be prosecuted under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act merely for conducting a diagnostic sonography, unless there is prima facie material to show that the doctor had knowledge of, or apprehended, the commission of a POCSO offence. The Court observed that the statutory duty to...
Karnataka High Court Questions Wife's 498A FIR Over Allegation She Was Denied Nutritious Food, Suffered Hair Loss
Observing that not every family grievance can be elevated to the offence of cruelty under Section 498A of the Indian Penal Code, the Karnataka High Court on Tuesday [July 27] questioned whether allegations against husband and in-laws to the effect that they deprived the complainant-wife of nutritious food causing her hair fall, would constitute cruelty under Section 498 A IPC.The single...
AP High Court Commutes Death Penalty Of Murder Convicts, Says 'Rarest Of Rare' Test Not Met If Accused Amenable To Reform
The Andhra Pradesh High Court has held that capital punishment cannot be imposed unless the case falls within the "rarest of rare" category and the court is satisfied that the possibility of reform and rehabilitation of the accused is unquestionably foreclosed. [2026 LiveLaw (AP) 162]Commuting the death sentence awarded to two convicts to rigorous imprisonment for life without remission,...
Mere Non-Registration Of Vehicle Can't Deny Interim Custody To Owner Not Accused In NDPS Case: Rajasthan High Court
The Rajasthan High Court has held that mere non-registration of a vehicle cannot be a ground to deny interim custody to its owner if he is not an accused in the concerned NDPS case.The bench of Justice Anoop Kumar Dhand ordered release of an unregistered vehicle seized by the police in an NDPS case, subject to the condition that the owner gets it registered within 30 days and does not ply it...