Criminal Law
Absconding Accused Declared As 'Proclaimed Offender' Cannot Maintain Quashing Petition Through Power Of Attorney: Uttarakhand High Court
The Uttarakhand High Court has held that an accused who has been declared a proclaimed offender and against whom a lookout circular has been issued cannot maintain a petition under Section 482 CrPC through a power of attorney holder. The Court observed that it would not exercise its extraordinary or inherent jurisdiction in favour of an individual who is intentionally evading the process of...
Preventive Detention Under PITNDPS Act Cannot Be Invoked Without Explaining Why S.129 BNSS Proceedings Are Insufficient: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that where a person is already facing preventive proceedings under Section 129 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the detaining authority must specifically record compelling reasons demonstrating why those proceedings are inadequate to prevent the individual from engaging in activities prejudicial to public order...
Absence Of Sperm On Seized Pants Does Not Make Rape Victim's Statement Unreliable: J&K&L High Court Cancels Bail
The Jammu and Kashmir and Ladakh High Court has held that merely because no sperm was detected on the seized trousers of the victim in a rape case, her statement would not be rendered unreliable if it is otherwise of sterling quality.The Court further observed that at the stage of considering a bail application, a trial court cannot undertake a meticulous analysis of evidence or discard...
AP High Court Transfers Cheque Bounce Case For 'Convenience' Of Female Accused
The Andhra Pradesh High Court has transferred a cheque bounce case instituted against a woman from Sullurpet to Nellore, observing that convenience of parties specially of woman litigants is a relevant factor which must be taken into account while considering transfer petitions. [2026 LiveLaw (AP) 106]Justice Venkata Jyothirmai Pratapa allowed a criminal revision petition filed by a woman...
AP High Court Quashes Cruelty FIR Against Husband, Says Same Evidence That Led To In-Laws' Acquittal Can't Subject Him To Ordeal Of Trial
The Andhra Pradesh High Court quashed a cruelty and dowry demand case against husband, observing that the prosecution evidence had already been disbelieved during the trial of his parents who were acquitted of the same allegations and thus compelling the husband to undergo a separate trial would amount to waste of Court's time. [2026 LiveLaw (AP) 105]Justice K. Sreenivasa Reddy allowed...
Attachment Of Accused's Property U/S 107 BNSS Requires Strict Judicial Scrutiny, Cannot Be Recovery Mechanism: Calcutta High Court
The Calcutta High Court has set aside an order attaching properties belonging to a woman who was not even named as an accused in a criminal case, while issuing significant guidelines on the exercise of powers under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Justice Ajoy Kumar Mukherjee observed that indiscriminate use of the power to attach property under Section 107...
Renukaswamy Murder Case: Karnataka High Court To Decide Whether Prosecution Can Cross-Examine Own Witness Without Declaring Her Hostile
The Karnataka High Court on Wednesday (June 24) orally remarked that it will consider whether clarificatory questions which are leading in nature can be asked to a prosecution witness in Renuka Swamy murder case, without declaring the witness hostile. The court was hearing State's petition challenging a trial court order that rejected its request to cross-examine a prosecution witness [mother...
Long Lapse Of Time Without Similar Criminal Conduct Relevant While Moulding Sentence: Supreme Court
The Supreme Court on Tuesday (June 23) reduced the sentence of a convict, who had been awarded five years' rigorous imprisonment for each of four offences, noting that there was no material on record to indicate his involvement in any similar criminal activity during the long intervening period. “The long lapse of time without any material indicating repetition of similar criminal conduct...
Odisha POCSO Court Sentences Youth To 30 Years' Rigorous Imprisonment For Rape Of 2-Year-Old Girl
A Special Court in Odisha, constituted under the Protection of Children from Sexual Offences Act, 2012 (the 'POCSO Act'), has recently convicted a 24-year-old man for committing aggravated penetrative sexual assault and rape on a 2 and ½-year-old girl and sentenced him to undergo rigorous imprisonment for 30 years.While finding the accused guilty of the heinous offence, Saroj Kumar Sahoo,...
'Being Advocate No Ground For Anticipatory Bail': Punjab & Haryana High Court Denies Relief To Lawyer Accused Of Forging Bail Order
The Punjab and Haryana High Court has dismissed the anticipatory bail plea filed by an Advocate accused of cheating, forging a bail order to defraud complainants of over ₹10 lakh. [2026 LiveLaw (PH) 207]Justice Deepak Gupta said, “Merely because the petitioner is a practicing advocate cannot constitute a ground for grant of anticipatory bail. The status of a profession neither places a...
Convicts' Leave, Temporary Release Can't Be Indefinitely Suspended Due To Pending Appeal: Madras High Court 5-Judge Bench
A 5-judge bench of the Madras High Court recently observed that leave and temporary release are facets of human dignity which cannot be suspended indefinitely merely due to pendency of appeal. [2026 LiveLaw (Mad) 276] “We must reaffirm that incarceration does not render the fundamental rights a "parchment promise."..The power of this Court under Article 226 to ensure the protection...
Claimant's Guilty Plea To Rash Driving Acts As Admission Of Negligence, Disentitles Him To Accident Compensation: Uttarakhand High Court
The Uttarakhand High Court has held that where a claimant has pleaded guilty in a criminal case arising out of a motor accident, such a plea amounts to an admission that the accident occurred due to his rash and negligent driving. The Court observed that while the effect of a finding recorded in a criminal case may stand on a different footing, a voluntary plea of guilt by the claimant...












