Criminal Law
Mere Marriage To Extremist, Presence At Encounter Site With Child Can't Sustain Conviction: Jharkhand High Court Acquits Woman
The Jharkhand High Court has acquitted a woman convicted under various provisions of the IPC, Arms Act and Criminal Law Amendment Act in connection with an encounter involving alleged extremists, holding that mere marriage to an extremist and presence at the place of occurrence with her 1½-year-old child were insufficient to sustain her conviction in the absence of evidence showing any overt...
Mere Smell Of Alcohol Without Blood Test Or Breathalyser Cannot Establish Drunken Driving: Uttarakhand High Court
The Uttarakhand High Court has held that the smell of alcohol on the breath of an accused, without a blood test or breathalyser establishing that the alcohol concentration exceeded the statutory limit under the Motor Vehicles Act, 1988, cannot establish drunken driving or justify framing a charge of culpable homicide not amounting to murder under Section 105 of the Bharatiya Nyaya...
Previous Bail Orders Relevant Material For 'Subjective Satisfaction' Of Preventive Detention: Andhra Pradesh High Court
The Andhra Pradesh High Court set aside a preventive detention order after finding that the detaining authority failed to consider multiple bail orders granted to the detenu, holding that bail orders are vital material and their non-consideration vitiates the subjective satisfaction required for preventive detention. [2026 LiveLaw (AP) 121]The order was passed by a Division Bench of Justice...
Calcutta High Court Refuses To Quash Dowry Case, Says Woman Can File Complaint From Parent's Home If Cruelty Persists
The Calcutta High Court has refused to quash criminal proceedings against a husband and his family members in a dowry harassment and matrimonial cruelty case, holding that a woman who leaves her matrimonial home can initiate proceedings from the place where she takes shelter if the effects of cruelty continue there. The Court further held that withdrawal of proceedings under the Protection...
'Plea Of Alibi' Must Be Proved In Trial, IO Cannot Unilaterally Accept It To Be True To File Final Report: Allahabad High Court
The Allahabad High Court has explicitly ruled that an accused's “plea of alibi” must be proved by leading evidence during a criminal trial and the Investigating Officer (IO) cannot unilaterally accept it to be true to file a Final Report. A bench of Justice Vivek Kumar Singh held that it would be "gross illegality” if the IO files a final report relying on the statements...
No Prescribed Format For Providing Written Grounds Of Arrest: Delhi High Court Upholds NDPS Accused's Custody
The Delhi High Court has refused bail to an accused booked under the NDPS Act, holding that there is no legislatively or judicially prescribed format for communicating written grounds of arrest and that substantial compliance with the constitutional requirement would suffice in the facts of the case. [2026 LiveLaw (Del) 646]Justice Girish Kathpalia observed that the arrest memo prepared by...
S.8 Evidence Act | From False NCR To Absconding: Allahabad High Court Weighs Man's 'Conduct' To Uphold Conviction For Wife's Murder
The Allahabad High Court (Lucknow Bench) on Wednesday upheld the life sentence of a man convicted of murdering his wife as it found his deceptive actions, like giving false assurances, lodging a false police report and eventually absconding, as “relevant conduct” under Section 8 of the Indian Evidence Act. A bench of Justice Rajnish Kumar and Justice Babita Rani thus dismissed the...
Does Refusal By Family Members To Accept Court Notice Amount To Valid Service? Orissa High Court Answers
The Orissa High Court has reiterated that when an addressee refuses to receive summons/notice and the same is thus affixed to the outer door or some other conspicuous part of his house, the Court can presume its valid and sufficient service upon him as per illustration (f) of Section 114 of the Evidence Act read with Section 27 of the General Clauses Act and Order V Rule 9(5) as well as Rule...
'Rape Is A Legal Conclusion, Not A Medical Condition': Allahabad High Court Relies On Victim's Sole Testimony To Uphold 1985 Conviction
Noting that the offence of rape is a legal conclusion and not a medical one, the Allahabad High Court on Thursday confirmed the conviction of a man in connection with a 1983 rape case. The Court clarified that if the testimony of a prosecutrix is free from any basic infirmity, it is sufficient to sustain a conviction even if the medical evidence doesn't strictly corroborate...
Rajasthan High Court Issues Notice On Law Student's Plea Alleging Misbehaviour By Principal, Non-Functional Grievance Redressal Committee
The Rajasthan High Court has issued notices to S.S. Jain Subodh Law College affiliated with Dr. Bhimrao Ambedkar Law University and its Principal, over allegations of misbehaviour by the Principal with the student.The bench of Justice Shubha Mehta issued notice on the student's plea which further alleges that the College has not complied with the mandatory requirement of having a...
Appeal Against Conviction Can't Be Dismissed Merely Because Party Or Counsel Is Absent, Must Be Adjudicated On Merits: AP High Court
The Andhra Pradesh High Court has held that the absence of the appellant or his counsel is not a ground to dismiss a criminal appeal against conviction for non-prosecution, observing that the appellate court must decide the appeal on merits after examining the record. [2026 LiveLaw (AP) 119]Justice Dr. Venkata Jyothirmai Pratapa allowed a criminal revision petition filed by a convict in a...