Criminal Law
Use Of Expression 'Hindu Terrorism' In Speech Calling For Unity Not Offence Of Provocation In Absence Of Any Act: Madras High Court
The Madras High Court recently held that merely uttering the word “Hindu Terrorism” will not attract the offence of provocation when the same was not followed by any act on the part of the person commenting. [2026 LiveLaw (Mad) 342] Justice Bharatha Chakravarthy thus quashed a criminal case registered against a man for allegedly making provocative speech during a public meeting....
Allahabad High Court Upholds Challan For Speeding Above 60 Kmph On Yamuna Expressway, Says State Can Prescribe Lower Speed Limits
The Allahabad High Court has upheld overspeeding e-challans issued to stage carriage bus operators for exceeding the prescribed 60 kmph speed limit on the Yamuna Expressway, holding that the State Government or a competent authority is empowered under the Motor Vehicles Act, 1988 to prescribe road-specific speed limits lower than the maximum limits notified by the Central Government.A...
Police Official's Bonafide Failure To Produce Case Diary Not Offence, Else There Will Be 'Flood' Of Complaints: Rajasthan High Court
The Rajasthan High Court has quashed criminal proceedings initiated against a Station House Officer (SHO) under Section 175 of the Indian Penal Code (IPC), holding that a bona fide failure to produce a case diary due to non-receipt of communication from the Public Prosecutor cannot attract criminal liability. [2026 LiveLaw (Raj) 300]Section 175 IPC penalises the intentional omission to produce...
S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers
The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash...
Gravity Of POCSO Allegation Alone Can't Justify Denial Of Bail To Juvenile: Uttarakhand High Court
The Uttarakhand High Court has granted bail to a juvenile accused in a POCSO case, observing that the gravity or seriousness of the alleged offence, by itself, is not a valid ground to deny bail to a child in conflict with law unless the case falls within the statutory exceptions contained in the proviso to Section 12 of the Juvenile Justice (Care and Protection of Children) Act,...
Bengaluru Court Grants Anticipatory Bail To KPSC Chairperson's Daughter In 'Fake' Family Income Certificate Case
A Session Court in Bengaluru granted anticipatory bail to Suma S Sahukar, daughter of Karnataka Public Service Commission (KPSC) Ex-Chairman Shivashankarappa S. Sahukar, for allegedly creating fake income certificate to claim reservation benefits. LXII Additional City Civil and Sessions Judge Raghavendra S. Channabasappa, on Friday made absolute an earlier interim anticipatory bail granted...
Can POCSO Court Frame Charges Without Hearing Accused On Discharge? Andhra Pradesh High Court Answers
The Andhra Pradesh High Court has held that a POCSO Special Court cannot frame charges without first affording the accused an effective opportunity of hearing on the question of discharge as contemplated under Sections 250 and 251 BNSS. [2026 LiveLaw (AP) 152]Clarifying that the POCSO Act's mandate for expeditious trials does not override the accused's statutory right to seek discharge, the...
S.482 BNSS | Accused Need Not Surrender Before Jurisdictional Magistrate To Avail Anticipatory Bail: Andhra Pradesh High Court
The Andhra Pradesh High Court held that Section 438 CrPC/Section 482 BNSS does not require an accused to surrender before the jurisdictional Magistrate as a condition for availing anticipatory bail. [2026 LiveLaw (AP) 151]While modifying the Sessions Court's direction requiring the petitioner to surrender before the jurisdictional Magistrate within seven days, the Court observed that...
Convict's Age, Physical Fitness Alone Cannot Justify Denial Of Premature Release: Meghalaya High Court
The Meghalaya High Court has held that a convict's age, physical fitness, and the gravity of the offence cannot, by themselves, form the sole basis for rejecting a plea for premature release. Observing that the object of remission is to assess the prisoner's reformation, the Court ruled that any determination regarding the likelihood of a convict committing future offences must be based...
Income Tax Set-Off Rules Can't Be Applied To Reduce Motor Accident Compensation: Bombay High Court
The Bombay High Court has held that loss computed under the head "Income from House Property" under the Income-tax Act, 1961, cannot be set off against income under the head "Business or Profession" while determining compensation under the Motor Vehicles Act, 1988. The Court observed that the Income-tax Act and the Motor Vehicles Act operate in distinct fields, and the mechanism of set-off...











