J&K&L High Court Grants Anticipatory Bail To Army Personnel In POCSO Case After Complainant Marries Him, Drops Allegations

The Jammu and Kashmir and Ladakh High Court has granted anticipatory bail to an Army personnel accused in a case involving allegations under the Protection of Children from Sexual Offences Act, 2012 and the Bharatiya Nyaya Sanhita, after the prosecutrix stated that she was in a consensual relationship with him, had married him after attaining majority, and did not wish to pursue the...

'De Facto Approval' For Sexual Relationship In Young Adults Can't Be Ignored Under POCSO Act: Delhi High Court

The Delhi High Court has observed that though consent is legally irrelevant under the POCSO Act, relationships among young adults involving “de facto approval” for a sexual relationship must be viewed differently while considering bail pleas.Justice Prateek Jalan made the observation while granting anticipatory bail to a 19-year-old student accused in connection with a case concerning...

S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court

The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...

High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC

The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...

S. 447 BNSS| High Court Can Be Directly Approached To Transfer Case From One Special Court To Another: Kerala High Court

The Kerala High Court, in a recent decision, held that a person seeking to transfer a case from one Special Court to another Special Court can directly approach the High Court without first approaching the Sessions Court.Justice A. Badharudeen held:“it is not safe to say that, when a person wants to transfer a case pending before the Special Court under the PC [Prevention of Corruption ]Act...

S.125 CrPC Maintenance | Magistrate Can't Presume High Income Merely Because Husband Failed To Produce Employment Documents: Gauhati High Court

The Gauhati High Court has held that mere failure of the husband in furnishing documents regarding his employment does not discredit his evidence about his income as stated in statement of assets and liabilities in maintenance proceedings. In doing so the court held that order shifting burden of proof on the husband to establish his income, for determining maintenance to wife, is arbitrary....

Repeated Preventive Arrests U/S 107 CrPC After Bail In UAPA Cases Are Fresh Grounds For PSA Detention: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that repeated preventive arrests of a detenu under Section 107 read with 151 CrPC after his release on bail in Unlawful Activities (Prevention) Act cases constitutes fresh and proximate material for the detaining authority to pass an order of preventive detention under the Public Safety Act, and such grounds cannot be dismissed as stale...

S.233 CrPC | Accused Has Right To Summon Defence Witnesses, Court's Interference Is Limited: Allahabad High Court

The Allahabad High Court has held that courts cannot ordinarily interfere in accused's rights under Section 233 CrPC to produce defence witnesses. It held that if the Court refuses to issue summons to witnesses sought to be produced by the accused then it can only do so by recording reasons in writing and observing that such summons would delay or defeat the cause of justice.Justice Vivek...

Police Cannot Seize Bank Accounts Under Section 102 CrPC Without Direct Link To Offence: Bombay High Court

The Bombay High Court has held that police cannot freeze or seize bank accounts under Section 102 of the Code of Criminal Procedure, 1973, without establishing a direct nexus between the seized property and the alleged offence. The Court observed that imposing an onerous condition of furnishing a bank guarantee equivalent to the frozen amount while directing de-freezing of accounts frustrates...

S. 13 Public Gambling Act Is A Non-Cognizable Offence; Police Can't Investigate Without Magistrate's Order: Allahabad HC

The Allahabad High Court has recently observed that the offence of gaming in a public street or place under Section 13 of the Public Gambling Act, 1867, is a non-cognizable offence. Consequently, in view of Section 2 (l) & (c) r/w Section 155 (2) CrPC, a bench of Justice Sanjay Kumar Pachori clarified that no police officer can investigate the commission of this offence without...

DNA Report Cannot Be Relied Upon To Convict Accused If Not Put To Him During S.313 CrPC Examination: Uttarakhand High Court

The Uttarakhand High Court has held that an FSL/DNA report cannot be relied upon to sustain a conviction if the conclusions of the report were not put to the accused during his examination under Section 313 CrPC. The Court observed that incriminating material not presented to the accused for explanation cannot be read against him.A Division Bench of Justices Ravindra Maithani and Siddhartha...

Wife's Education Or Capacity To Earn Alone No Bar To Claiming Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has observed that the mere fact that the wife is educated or possesses the capacity to earn does not, by itself, disentitle her from claiming maintenance under Section 125 CrPC. A bench of Justice Garima Prashad added that what is required to be considered is her actual and present ability to maintain herself in a manner commensurate with the standard of...