Criminal Law
PIL In Jharkhand High Court Challenges NHRC Circular Withdrawing Mandatory Judicial Inquiry Into Custodial Deaths, Rapes
A Public Interest Litigation (PIL) has been filed before the Jharkhand High Court challenging a National Human Rights Commission (NHRC) circular which withdrew its earlier direction mandating judicial inquiries in every case of custodial death, disappearance and rape.The PIL seeks quashing of the NHRC's Circular dated May 14, 2024, which declared that the Commission's earlier circular...
Karnataka High Court Quashes Cruelty FIR Against Sister-In-Law Residing Abroad, Says Alleged Telephonic 'Instigation' Doesn't Attract S.498A IPC
The Karnataka High Court has quashed a cruelty case lodged by a woman against her sister-in-law who resides in Luxembourg, for allegedly 'filling the ears' of her in-laws by repeatedly calling them. [ 2026 LiveLaw (Kar) 229]The single judge bench of Justice M.Nagaprasanna noted that complaint about sister-in-law torturing the complainant through such phone calls cannot be accepted in the...
Magistrate Must Not Record Prosecution Evidence In Cases Exclusively Triable By Sessions Court : Supreme Court
The Supreme Court on Wednesday (July 1) held that a Magistrate is not required to record pre-charge evidence under Section 244 of the Code of Criminal Procedure, 1973 before committing a complaint case involving offences exclusively triable by a Court of Sessions, setting aside a Punjab and Haryana High Court judgment that had directed such an exercise“…the only requirement from...
'No Finding I Was Part Of Conspiracy, Yet I Was Convicted': Vinay Kulkarni's Uncle Tells Karnataka High Court In Yogesh Goudar Murder Case
Chandrasekhar Indi (Accused No. 16), the uncle of former Congress MLA Vinay Kulkarni, on Wednesday (July 1) told the Karnataka High Court that the trial court's judgment contains no finding that he was a member of the criminal conspiracy to murder BJP leader Yogesh Goudar, yet he has been convicted and sentenced to life imprisonment under Section 120B read with Section 302 of the IPC.The...
S. 465 CrPC | Taking Cognizance Under Wrong Provision Curable Defect If Magistrate Otherwise Has Jurisdiction : Supreme Court
The Supreme Court on Wednesday (July 1) held that a Magistrate's error in taking cognizance of an offence under an incorrect statutory provision is a curable defect and, this mistake, by itself, does not warrant quashing the cognizance order, provided the Magistrate otherwise has the jurisdiction to deal with the matter.“The well-settled position of law is that the error in taking...
'No Yellow Journalism': Gujarat High Court's Bail Condition For Man Accused Of Extorting Traders By Posing As Journalist
The Gujarat High Court has granted bail to a man accused of posing as a journalist along with co-accused and extorting money from traders by threatening them of defamation and also assaulting one of the traders who eventually passed away. [2026 LiveLaw (Guj) 184]The relief is subject to the Petitioner not indulging in any activity amounting to "yellow journalism" or publishing any news item...
Remission Policy Issued Under Article 161 Overrides Statutory Policy Framed Under CrPC: Supreme Court
The Supreme Court on Wednesday (July 1) held that a remission policy framed by a State Government in exercise of the Governor's constitutional powers under Article 161 of the Constitution cannot be overridden by a subsequent statutory remission policy issued under Sections 432 and 433 of the Code of Criminal Procedure. Holding that Haryana's 2002 remission policy continued to remain...
Gujarat High Court Grants Bail To Man Accused Of Coordinating Assault On Society Resident Feeding Stray Dogs
The Gujarat High Court has granted bail to a man over his alleged role in assaulting the complainant in connection with an altercation over feeding of stray dogs. [2026 LiveLaw (Guj) 183]Applicant is accused of coordinating an assault on a society resident who had an altercation with another resident over feeding stray dogs. It is alleged that the person with whom complainant had an...
No Fetter On Trial Court's Power To Alter Charges Merely Because Prosecution Moved Application U/S 216 CrPC: Jharkhand High Court
The Jharkhand High Court has held that although neither the prosecution nor the accused has a vested right to seek alteration or addition of charges under Section 216 of the Code of Criminal Procedure, the trial court's power to do so is not curtailed merely because the issue is brought to its notice through an application filed by either party. The Court observed that the power under Section...
Patna High Court Refuses To Quash FIR Against Jan Suraaj Leader Naj Ahmed Khan, Says Allegation Of Mala Fides 'Doesn't Cut Much Ice'
The Patna High Court has held that mere allegations of political rivalry or mala fides cannot be a ground to quash an FIR when its contents disclose commission of cognizable offences. The Court observed that where the allegations in the FIR prima facie disclose the commission of offences, the case would not fall within the principles laid down by the Supreme Court in State of Haryana v....
2016 Yogesh Goudar Murder Case: CBI Tells Karnataka High Court Dharwad Trial Was 'Hogwash', Witnesses Were Tutored By Ex-MLA Vinay Kulkarni
The CBI told the Karnataka High Court on Tuesday that former Congress MLA Vinay Kulkarni, while challenging his conviction and life sentence in 2016 murder of BJP Zilla Panchayat member Yogesh Goudar, cannot rely on evidence placed before the Dharwad trial court as that trial was 'hogwash' in which witnesses were tutored by Kulkarni.The court was hearing application seeking suspension of...