Criminal Law

'Process Of Justice Must Never Become Another Wound': Karnataka High Court On Repeated Cross-Examination Of Minor Rape Survivor
The Karnataka High Court recently quashed a trial court order, allowing an accused in a POCSO case to recall the child victim for further cross-examination. [2026 LiveLaw (Kar) 436]Justice M Nagaprasanna held that repeatedly dragging a child victim to the witness box would amount to an abuse of the process of law, and re-traumatizes the child. Such acts would effectively defeat the...

Life Sentences For Different Offences Can't Run Consecutively; Remission In One Won't Affect Life Term For Another: Supreme Court
The Supreme Court has reiterated that life sentences ordered in more than one offence cannot run consecutively; however, they can be superimposed over each other so that remission in one offence does not by itself commute the operation of the life sentence in another offence. A bench of Justice KV Viswanathan and Justice Arun Palli, relying upon the Constitution Bench judgment of...

Kerala High Court Grants Pre-Arrest Bail To Lawyer Accused Of Sexually Harassing Junior Lady Advocate
The same lawyer was earlier granted bail by HC in a case initiated by another lady advocate accusing him of the same offence.

Can Trial Court Entertain Second Plea U/S 216 CrPC To Add Or Alter Charge After Earlier Rejection? Allahabad High Court Answers
The Allahabad High Court has observed that a trial court can entertain a second application seeking alteration or addition of a charge under Section 216 CrPC, even after an earlier application for the same relief was rejected.A bench of Justice Saurabh Srivastava, however, clarified that the power to entertain such plea is available only before pronouncement of judgment of the...

Gujarat High Court Quashes Corruption FIR Against Govt Officer Over ₹45K Cash Recovered From Purse
The Gujarat High Court quashed a corruption case against a public servant after a raid was conducted and Rs. 45,420 was found from her purse, observing that merely because she was unable to give a satisfactory explanation would not amount to an offence under Prevention of Corruption Act in absence of evidence. [2026 LiveLaw (Guj) 297]It was alleged that Rs. 45,420/- was found from the purse...

Rape, POCSO Convicts Not Absolutely Barred From Open-Air Prisons, Must Meet Exceptional Circumstances: Rajasthan High Court Full Bench
The Rajasthan High Court has held that a prisoner who is convicted for rape under IPC or POCSO Act, is not totally ineligible to be transferred to an Open Air Camp, provided some special/exceptional circumstances are established. However, such prisoner does not have an automatic right for such transfer. The full bench of Chief Justice Sanjay K. Agrawal, Justice Sameer Jain, and Justice...

Kerala High Court Quashes Film Producer's ₹1.9 Crore Cheating Case Against Nivin Pauly, Abrid Shine; Notes Settlement
The Kerala High Court on Monday (October 26) quashed the crime registered against Malayalam film actor Nivin Pauly and director Abrid Shine at the instance of producer P.S. Shamnas alleging commission of fraud of ₹1.9 crore. [2026 LiveLaw (Ker) 601]The Court also quashed the criminal case initiated against Shamnas alleging forgery of Nivin's signature in documents submitted to the Kerala...

Birth Register Alone Not Enough To Prove Victim's Age Without Establishing Source Of Information: Gujarat High Court Upholds POCSO Acquittal
The Gujarat High Court has upheld a rape acquittal under the POCSO Act observing that the prosecution failed to prove that on the date of alleged incident the girl was a minor, as they could not prove the source of the alleged victim's date of birth recorded in the birth register. [2026 LiveLaw (Guj) 296]In doing so the court reiterated that merely producing birth register is not enough to...

'Single Knife Blow During Sudden Argument Over Drinking Is Not Premeditated Murder': Jharkhand High Court
The Jharkhand HC has held that a single knife blow inflicted during a sudden argument, in the heat of passion and without premeditation, can fall within Exception 4 to Section 300 IPC, making the offence culpable homicide not amounting to murder. The Court converted the murder conviction of an 88-year-old father who fatally stabbed his son following an argument over his consumption of alcohol...

UAPA | Mere Foreign Nationality Not Enough To Deny Bail, Illegal Entry Into India Must Be Proved : Supreme Court
At the same time, the Court underscored that there is a higher threshold for the grant of bail to a foreign citizen.

'Advocate Cannot Be Criminally Prosecuted Merely Because Legal Opinion Turns Out Incorrect': Patna High Court
The Patna HC has held that an advocate cannot be subjected to criminal prosecution merely because a legal opinion furnished in the course of professional duties subsequently turns out to be incorrect. The Court clarified that criminal liability may arise where an advocate deliberately provides a false or misleading opinion in collusion with others to facilitate fraud.A Single Judge Bench...

“No” Means “No”: HP High Court Denies Anticipatory Bail, Says Mere Relationship Does Not Imply Consent To Sexual Acts
The Himachal Pradesh High Court has observed that being in a relationship does not give a person the licence to engage in sexual acts against their partner's will, remarking that “No” had to mean a “No.” The Court made the observation while denying anticipatory bail to a man accused of sexually assaulting his fiancée in a case where the allegations were prima facie corroborated...
