Criminal Law

Prosecution Story Of Taking Dead Body To Police Station Suspicious : Supreme Court Acquits Two Murder Convicts
The Supreme Court on Tuesday (08.09.2026) acquitted two persons convicted of murder, holding that the prosecution's own case of taking the body of the deceased to the police station instead of the hospital, raises suspicion, and that this conduct along with other infirmities in the investigation and eyewitness testimony raised a reasonable hypothesis of innocence.A bench of Justice JB...

Madras High Court Acquits Death Row Prisoner Accused Of Sexually Abusing 5 Minors, Says 'Draconian' POCSO Provisions Weaponised
The Madras High Court recently set aside the death sentence imposed on a man accused of sexually abusing 5 minor children. [2026 LiveLaw (Mad) 434] The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan observed that the prosecution case suffered from material inconsistencies, omissions and deficiencies which create a reasonable doubt. The court added that when such...

Departmental Exoneration No Ground For Discharge: Kerala High Court Permits Trial In 2013 Gold Smuggling Case Against Customs Official
The Kerala High Court on Tuesday (September 8) upheld the order of the Additional Special Court (SPE/CBI) – II, Ernakulam dismissing the discharge plea filed by three of the accused in the 2013 gold smuggling case. [2026 LiveLaw (Ker) 493]The case relates to the smuggling of around 56 kg of gold worth Rs. 17.86 crores through Cochin International Airport, causing a loss of Rs. 1.83...

Forest Official Assault Case: Gujarat High Court Grants 7-Day Temporary Bail To AAP MLA Chaitar Vasava To Attend Assembly Session
The Gujarat High Court on Monday (September 7) granted 7-days temporary bail to Aam Aadmi Party MLA Chaitar Vasava–convicted for assaulting and extorting forest officials in a forest land encroachment case, to enable him to attend the Legislative Assembly session. [2026 LiveLaw (Guj) 241]Vasava had moved the high court seeking 15 day temporary bail from 07.09.2026 to 21.09.2026, to attend...

Unemployment, Poor Business, Loan Repayments Can't Justify Failure To Pay Wife's Maintenance: HP High Court
The Himachal Pradesh High Court has held that a husband's financial constraints, lack of employment, poor business performance or outstanding loans cannot be used as an escape route to avoid his obligation to pay maintenance to his wife, including a divorced wife. The Court observed that the wife's right to maintenance cannot be sacrificed on account of financial difficulties arising from...

'Brake Failure, No Rash Driving': Sikkim High Court Awards ₹5 Lakh No-Fault Compensation To Deceased's Family In Accident Case
The Sikkim High Court has held that a Motor Accident Claims Tribunal can award no-fault compensation under Section 140 of the Motor Vehicles Act, 1988, even after rejecting a claim under Section 166 on the ground that the accident was not caused by rash or negligent driving. The Court further stated that the insurer was liable to indemnify the vehicle owner under the applicable package...

Supreme Court Expresses Concern Over Voluminous Records In Corruption Cases Delaying Prosecution
The Supreme Court on Tuesday (08.09.2026) observed that prosecutions in corruption cases have a history of long pendency, often on account of voluminous but largely unnecessary and irrelevant evidence intimidating the courts."We cannot but notice that in corruption cases voluminous evidence is led, which is often intimidating to the Court, especially since many aspects attempted to be led...

Denial Of Cohabitation, False Criminal Case By Wife Amount To Cruelty: Rajasthan High Court Dissolves 22-Year-Old Marriage
The Rajasthan High Court has held that denial of cohabitation by the wife as well as filing of a false criminal case against the husband, amount to cruelty. The division bench of Justice Inderjeet Singh and Justice Sandeep Taneja was hearing an appeal against Family Court's rejection of a divorce application filed by the appellant-husband.It was the case of the husband that the marriage...

Prajwal Revanna Sent To 2-Day Police Custody Over Recovery Of Mobile Phone From Prison Cell
A Bengaluru Court on Tuesday (September 8) remanded former Janata Dal (Secular) MP Prajwal Revanna as well as prison inmate Prathap Rai to two-day police custody over alleged recovery of prohibited items, including a mobile phone and pocket notebook with WhatsApp, Netflix and other Apps, from their prison cell.The court of Additional Chief Metropolitan Magistrate granted police custody...

Vehicle Seized For Illegal Mining Can't Be Released After Criminal Case Ends; Confiscation Proceedings Must Be Considered: Rajasthan High Court
The Rajasthan High Court has held that the confiscation proceedings initiated by the Mining Department and the criminal proceedings initiated for illegal mining are separate, and conclusion of criminal case does not automatically result in release of the vehicle seized therein. For context, a complaint was filed before the Magistrate under the Motor Vehicles Act, 1988 (“MV Act”), in which...

Magistrate Can Reject Police Final Report And Summon Accused If Case Diary Discloses Prima Facie Offence: Allahabad High Court
The Allahabad High Court has held that a Magistrate may take cognizance of an offence under Section 190(1)(b) of the Code of Criminal Procedure and summon the accused even where the police have filed a final report concluding that no case is made out, and that in doing so he is not required to follow the procedure prescribed under Sections 200 and 202 of the Code. It held that at that stage...

Convicts Must Be Informed Reasons For Rejection Of Remission, Right To Challenge Order: Gauhati High Court
The Gauhati High Court on Wednesday (September 2) directed the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to file affidavits stating the number of convicts whose remission applications have been rejected and whether the reasons for such rejection have been communicated to them. A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita was hearing a...
