Criminal Law
Omission Of S.34 IPC In Judgment Not Fatal Where Common Intention Is Established: Allahabad High Court Upholds Murder Conviction
The Allahabad High Court has observed that the omission of Section 34 IPC in the operative portion of a judgment is not fatal to a case if the prosecution has successfully established the common intention. A bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II clarified that Section 34 IPC is not a substantive offence and does not create an offence by itself; instead, it is merely a...
Can Accused Claim Acquittal In Rape Case Solely Due To Absence Of DNA Evidence? MP High Court Answers
The Madhya Pradesh High Court has clarified that a rape accused cannot claim acquittal in cases merely because the DNA report has not been proved, if the facts otherwise establish the guilt of the accused. [2026 LiveLaw (MP) 285]The division bench of Justice GS Ahluwalia and Justice Anuradha Shukla observed:"Although it is argued that the DNA report has not been proved by prosecution, but...
JJ Act | Media Can't Publish Identity Of Child Victim On Ground That It Was Done In Child's Interest: Karnataka High Court
The Karnataka High Court has recently dismissed a criminal petition filed by a journalist and an editor of a Newspaper Daily, accused of publishing a news report disclosing the identity of a child victim of assault. 2026 LiveLaw (Kar) 257The single judge bench of Justice Anant Ramanath Hegde upheld the ongoing prosecution under Section 74(1) of the Juvenile Justice (Care and Protection...
Passenger's Failure To Take Precaution Subordinate To Public Bus Operator's Duty Of Care: AP High Court Enhances Accident Compensation
The Andhra Pradesh High Court has observed that a public transport operator's duty of care outweighs a passenger's failure to exercise caution. [2026 LiveLaw (AP) 131]It thus enhanced the compensation payable to the family of a man who died after being run over by an APSRTC bus— from Rs. 3.85 lakh to Rs. 8.40 lakh. A Single Judge Bench of Justice A. Hari Haranadha Sarma dismissed...
How Can Dead Witness's Testimony Be Used Against Accused Who Absconded? Supreme Court Explains S.299 CrPC
The Supreme Court has clarified that the earlier testimony of a witness who has since died can be used against an accused who had absconded during the original trial, provided the conditions under Section 299 of the Code of Criminal Procedure, 1973 (CrPC) are satisfied.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that Section 299 CrPC is an exception to the general rule...
Chhattisgarh High Court Increases Accident Compensation By ₹37 Lakh, Says Victim's IT Returns Cannot Be Discarded During Calculation
The Chhattisgarh High Court has held that Income Tax Returns, once duly produced and exhibited, constitute relevant documentary evidence for determining the income of a deceased while assessing compensation under the Motor Vehicles Act. The Court held that such returns cannot be discarded merely on the ground that the income disclosed therein is based on estimation. [2026 LiveLaw (Chh)...
Calcutta High Court Grants Bail To Woman Accused In High-Value NDPS Case, Cites Advanced Stage Of Pregnancy
The Calcutta High Court has granted interim bail to a woman accused in a high-value narcotics trafficking case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that while pregnancy is not by itself a ground for bail, humanitarian considerations relating to the health of the mother and the unborn child justified her temporary release.Justice Tirthankar Ghosh passed...
35 Years On, Rajasthan High Court Enhances Compensation In Electrocution Death Case; Says Electricity Boards Strictly Liable
After around 35 years of the incident, Rajasthan High Court upheld the liability of the State for paying compensation in a case of death by electrocution due to a live wire that had broken and fallen on the ground. The bench of Justice Sandeep Taneja took into account the fact that the electricity line had not been repaired for a long time, and there was also negligence on part of the...
Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court
The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC...
