Criminal Law
Non-Mentioning Of Specific POCSO Provision Wasn't Material : Supreme Court Affirms Conviction
The Supreme Court has held that the failure of a trial court or a High Court to specifically mention sub-section (2) of Section 4 of the Protection of Children from Sexual Offences (POCSO) Act while convicting an accused did not vitiate the conviction or sentence, as the facts of the case clearly attract that provision..A bench of Justice Prashant Kumar Mishra and Justice Shree...
How Juvenile Justice Boards Should Conduct Preliminary Assessment Under S.15? Supreme Court Issues Guidelines
The Supreme Court has issued guidelines as to what factors should be considered by the Juvenile Justice Board while conducting preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan issued these guidelines while dismissing an appeal challenging the Patna High Court's ruling which...
"Exceptional Violence": Bombay High Court Upholds Stricter Remission Category For Convict Who Murdered Woman For Refusing To Marry Him
The Bombay High Court recently upheld the decision of the Maharashtra Government to place a life convict under the 26-years imprisonment category, after noting that he had killed a woman, who had refused to marry her, in a brutal manner. A division bench of Justice Sarang Kotwal and Justice Ashish Chavan noted that the convict had killed the woman in an exceptionally brutal manner. "We...
Madras High Court Directs Two Police Officers To Pay ₹1 Lakh Each For Failing To Register Dowry FIR
The Madurai Bench of the Madras High Court has directed two police personnel— an Inspector and a Sub Inspector, of an All Women Police Station to pay Rs. 1,00,000 each as compensation to the father of woman, for closing a dowry complaint without registering an FIR despite disclosure of cognizable offence. [2026 LiveLaw (Mad) 338]“The lapse committed by respondents 2 and 3 [police...
Criminal Liability Can't Be Imposed On Directors Solely Due To Designation: Chhattisgarh High Court Grants Bail In CSMCL Corruption Case
The Chhattisgarh High Court has granted regular bail to two Directors of a manpower supply company arraigned in the Chhattisgarh State Marketing Corporation Limited (CSMCL) corruption case, holding that criminal liability cannot be fastened upon a person merely because of his designation as a Director. The Court observed that, unless a statute specifically creates vicarious criminal liability...
Continuous Stalking & Death Threats For Refusing Marriage Constitute Instigation For Suicide: Chhattisgarh High Court
The Chhattisgarh High Court has held that continuous stalking, harassment, pressure to marry, and repeated death threats for refusing marriage constitute a "positive act" of instigation capable of attracting the offence of abetment of suicide under Section 306 IPC. The Court observed that the conduct of the accused clearly demonstrated a continuous course of conduct constituting...
S.48 BNSS Doesn't Mandate Written Intimation Of Arrest To Relatives, Intimation Through Phone Call/ SMS Valid: Madras High Court
The Madras High Court recently held that section 48 of the BNSS does not mandate that the intimation of arrest be given in writing to the relatives of the arrested persons. The court held that an intimation through phone call or SMS is a valid intimation. [2026 LiveLaw (Mad) 337] Justice R Vijayakumar thus refused to interfere with the remand of four persons arrested in an NDPS case on...
Consent Of Minor Immaterial In Kidnapping Cases; Removal Without Guardians' Consent Attracts Offence: Calcutta High Court
The Calcutta High Court has held that the consent of a minor is legally irrelevant in offences of kidnapping and trafficking, observing that a 17-year-old girl remains under the lawful guardianship of her parents and her removal without their consent constitutes the offences of kidnapping and abduction. The Court further found that the accused exercised deceitful control over the victim...
'Best Left Ignored': Kerala High Court Refuses Contempt Action Against Lawyer Who Said Judge Made Unnecessary Comments For Popularity
The Kerala High Court recently refused to take contempt action against a lawyer, who participated in a channel discussion and said that a judge made unnecessary comments to attract media attention and to become popular. [2026 LiveLaw (Ker) 396]The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar observed:“On going through the objectionable statement, what we find...
Prosecution Can't Continue If Drug Inspector's Delay Defeats Accused's Right To Re-Test Sample: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that where the acts and omissions of a Drugs Inspector deprive an accused of the valuable statutory right to seek re-testing of a drug sample and adduce evidence in controversion of the Government Analyst's report under Section 25(3) of the Drugs and Cosmetics Act, 1940, continuation of the prosecution would amount to an abuse of...
Revision Court Cannot Direct Trial Court To Take Cognizance Against Accused: Rajasthan High Court
The Rajasthan High Court has held that a Court exercising revisional jurisdiction cannot direct the Trial Court to take cognizance under Section 398 CrPC, as it merely empowers courts to order further inquiry.The bench of Justice Anoop Kumar Dhand set aside the order directing the Trial Court to take cognizance for cruelty under Section 498A of IPC. The bench empahsized;"Revisional...












