Criminal Law

If Breakup Ends Up With Suicide, It Cannot Always Be Termed Abetment To Suicide : Supreme Court
Refusal to marry must be accompanied by intention or knowledge to drive a woman to suicide, the Court said.

'Two-Month Delay In Lodging FIR in Gang Rape Case Not Extraordinary, Cannot Disbelieve Entire Occurrence': Patna High Court
The Patna HC has held that a two-month delay in lodging an FIR in a gang-rape case is not so extraordinary that the entire occurrence can be disbelieved on that ground alone.A Single Judge Bench of Justice Chandra Shekhar Jha was hearing a quashing petition seeking to set aside the order dated 27.11.2018 by which the Special Judge, SC/ST, Patna had taken cognizance under Section 376(D) of...

Offence Of Sexual Intercourse On False Promise Of Marriage U/S 69 BNS Doesn't Apply To Women: Karnataka High Court
The Karnataka High Court has held that the offence under Section 69 BNS—which penalises sexual intercourse by employing deceitful means or false promises of marriage which does not amount to rape—cannot be invoked against a woman.Section 69 states that whoever, by deceitful means or by making promise to marry a woman without any intention of fulfilling the same, and has sexual...

Caste-Based Insult Not In 'Public View', Eyewitness Didn't Support Prosecution: Gujarat High Court Upholds SC/ST Act Acquittal
The Gujarat High Court upheld the acquittal of three persons accused of using caste-based slurs and assaulting the complainant, observing that the eyewitness did not support the prosecution case in proving that the alleged derogatory words were used with an intent to insult in public. [2026 LiveLaw (Guj) 274]It was alleged that the accused persons knew that the complainant belonged to...

Writ Petition Alleging Violations Of Natural Justice Can't Be Dismissed At Threshold For Alternative Remedy: Allahabad High Court
The Allahabad High Court has held that a writ petition in which particularised breaches of natural justice are pleaded cannot be dismissed at the threshold as not maintainable on the ground that an alternative statutory remedy is available, without a counter-affidavit being called for and the plea being tested on the rival versions.The bench of Justice Shekhar B. Saraf and Justice Abdhesh...

Motor Accident Compensation Can Exceed Amount Claimed If Evidence Justifies Higher Award: AP High Court
The Andhra Pradesh High Court has held that a Motor Accident Claims Tribunal must award the “just compensation” established by the evidence and cannot restrict it merely because the claim petition sought a lower amount. Section 168 of the Motor Vehicles Act, 1988 empowers the Claims Tribunal to determine and award the amount of compensation which appears to it to be “just” in respect...

Supreme Court Quashes Cheating Case Over Unpaid Steel Dues, Calls Criminal Cases In Civil Disputes An Abuse Of Process Of Law
The Supreme Court has recently quashed a criminal case for cheating against two company directors, holding that the complainant's grievance over unpaid dues was civil in nature and that he had misused criminal proceedings to recover money.A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar held so while setting aside the Gujarat High Court's order, which had discharged the appellants...

'Absence Of Signs Of Resistance Not Ground To Disbelieve Rape Victim': Jharkhand High Court
The Jharkhand HC has held that the absence of signs of struggle or resistance on the body of a rape victim cannot, by itself, be a ground to disbelieve her testimony, particularly where the victim was a minor and the medical evidence corroborates the occurrence.A Division Bench of Justice Ananda Sen and Justice Pradeep Kumar Srivastava heard the appeal filed by the appellants challenging...

Karnataka High Court Reserves Order On WinZO's Plea To Shift US Bank Funds Attached By ED
The Karnataka High Court on Wednesday (October 7) reserved its order on an interim plea moved by WinZO US Inc. and WinZO SG Pte. Ltd. seeking permission to shift funds lying in three US bank accounts to another account in the United States, while keeping the Enforcement Directorate's (ED) attachment intact.The ED opposed the plea, arguing that the attached funds could not be transferred...

Bombay High Court Rejects Anticipatory Bail To Galaxy Hospital Licensee In Illegal Abortion Death Case
The Bombay High Court has held that a hospital licensee cannot disown an illegal abortion conducted by an unqualified person merely by claiming that he had not performed any “overt act”, while rejecting anticipatory bail to the licensee of Galaxy Hospital. The Court observed that the applicant, who had control and supervision over the hospital, was duty-bound to ensure that it was being...

Doesn't Outrage Religious Feelings: Karnataka High Court Quashes Case Over Facebook Post Using Term 'Jihadi'
The Karnataka High Court has held that use of the term 'jihadi' in a Facebook post would not attract the offences of outraging religious sentiments or publishing statements intended to promote enmity between different religious communities.In doing so the court quashed an FIR against a Facebook user accused of hurting sentiments of Muslim community by posting a social media post, holding that...

Bengaluru Court Stays RSS Defamation Case Against Minister Priyank Kharge, Congress Leader Nalapad
A Bengaluru Sesssions Court has stayed further proceedings in a criminal defamation case against Karnataka Home Minister Priyank M. Kharge and Congress leader Mohammed Haris Nalapad over alleged defamatory statements against Rashtriya Swayamsevak Sangh (RSS).Judge KB Shivaprasad has decided to examine the locus standi of the organisation's member, who filed the complaint.The development comes...
