Criminal Law
Dismissal Of Complaint Before Cognisance Is Not Acquittal, Can Be Challenged Under Section 528 BNSS: J&K&L High Court:
The High Court of Jammu & Kashmir and Ladakh has clarified the distinction between pre-cognizance dismissal of a criminal complaint and dismissal after issuance of process, holding that only the latter attracts Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and results in an acquittal appealable under Section 419(4).The court went on to explain that where a complaint...
Writ Of Mandamus Can't Be Issued For Non-Registration Of Criminal Case, BNSS Provides Efficacious Remedy: Allahabad High Court
The Allahabad High Court has held that a writ of mandamus cannot be issued in favour of a petitioner who is unable to show a legal right in himself and a corresponding public duty cast by law upon the authority. It held that where the grievance is in substance one of non-registration of a criminal case, the petitioner has an efficacious statutory remedy under Chapter XIII of the Bharatiya...
Telangana High Court Upholds Bail Cancellation After POCSO Accused Refuses DNA Test, Says It Amounts To Non-Cooperation
The Telangana High Court has upheld the cancellation of bail granted to an accused in a POCSO case after he refused to undergo a DNA test, holding that DNA profiling is a recognised investigative tool in sexual offence cases under Section 51 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).[2026 LiveLaw (Tel) 113]The Court held that an accused cannot refuse such examination by invoking...
Caste Abuse Inside Private Office Without 'Public View' Not Offence Under SC/ST Act: Delhi High Court
The Delhi High Court has reiterated that casteist remarks allegedly made inside the office chambers, in the absence of any member of the public or an independent witness, would not attract the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. [2026 LiveLaw (Del) 680]Justice Madhu Jain observed that the requirement that the...
Amassing Disproportionate Assets Not Relatable To Discharge Of Public Functions; Sanction U/S 17A PC Act Not Needed: Gauhati High Court
The Gauhati High Court has reiterated that prior approval under Section 17A of the Prevention of Corruption Act, 1988 is not required before investigating allegations of disproportionate assets, as such allegations are not relatable to any recommendation made or decision taken by a public servant in the discharge of official functions. [2026 LiveLaw (Gau) 100] Justice Mridul Kumar Kalita...
'Last Heard' Over Phone Can't Be Treated As 'Last Seen Together' Evidence: Chhattisgarh High Court Acquits Murder Convict
The Chhattisgarh High Court has held that the circumstance of a deceased informing a person during a telephonic conversation that he was in the company of the accused constitutes, at best, a case of "last heard" and cannot be equated with the doctrine of "last seen together". The Court observed that the trial court had erroneously treated evidence of "last heard" as proof of "last...
Matrimonial Dispute Cannot Be Heard By MP/MLA Courts Just Because One Party Is A Legislator : Supreme Court's Prima Facie View
The Supreme Court has made a prima facie observation that MP/MLA courts specially designated to expedite criminal cases against the legislators lack jurisdiction to try matrimonial disputes. “We are not convinced that a matrimonial dispute can be agitated before such a special Court merely for reason of one of the parties being a legislator.”, observed a bench of Justice J.B. Pardiwala...
Children Easy Targets, Lack Words To Explain Ordeal: Gujarat High Court Denies Probation To Convicts Who Molested Teenage Girls
The Gujarat High Court has upheld the conviction of two men for outraging the modesty of two teenage girls and rejected the accused's plea for probation observing, that perpetrators with such criminal mentality specifically target children because they can be easily intimidated.The court also referred to the IO's report which said that on very few occasions would the victim's father...
WhatsApp Chats, Emails From Owner's Personal Device Can Be Proved Through His Own S.65B Evidence Act Certificate: Telangana High Court
The Telangana High Court has held that a party seeking to rely on emails and WhatsApp chats originating from their own personal device is not required to obtain a Section 65B certificate from an external or official authority. [2026 LiveLaw (Tel) 110]It held that the owner and manager of the device can furnish the certificate contemplated under Section 65B(4) of the Indian Evidence Act, 1872....
Allegation Of Child Marriage Doesn't Empower Divorce Court To Direct POCSO FIR: Calcutta High Court
The Calcutta High Court has held that a court hearing a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955 cannot travel beyond the limited scope of the proceedings to direct registration of a criminal case under the Protection of Children from Sexual Offences (POCSO) Act.A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim...