Criminal Law

Gujarat High Court Directs FIR Against 'Unknown Person' Over Alleged Custodial Death Of Trade Service Officer In CBI Custody
The Gujarat High Court has directed registration of an FIR "against an unknown person" and investigation by Deputy Inspector General of Police, CID Crime, into the alleged custodial death of Indian Trade Service officer who allegedly died in CBI custody in connection with an illegal gratification case. [2026 LiveLaw (Guj) 273]The deceased's wife had approached the high court claiming that...

Suicide Note Naming Accused Does Not Establish Abetment Without Proximate Instigation, Mens Rea: Chhattisgarh High Court
The Chhattisgarh High Court has held that mere reference to an accused's name in a suicide note cannot, by itself, establish abetment of suicide under Section 306 IPC. The Court observed that there must be a direct or indirect act of instigation in close proximity to the suicide, coupled with the requisite mens rea to abet the commission of suicide. Justice Naresh Kumar Chandravanshi was...

Can't Invoke SC/ST Act Against 'Stranger' In Absence Of Specific Intent: Karnataka High Court Quashes Atrocity FIR Against Cameraman
The Karnataka High Court has held that the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be invoked against a stranger who lacks any specific intent with regard to the offences under the Act. Justice V. Srishananda quashed the criminal proceedings against a cameraman working with a media agency, observing that filming a public...

SFI Activist Abhimanyu Murder: Kerala High Court Refuses In-Camera Trial, But Bars Photography/ Video-Recording Of Accused In Courtroom
The Kerala High Court on Wednesday (October 7) declined the plea for in-camera trial in the SFI activist Abhimanyu murder case which is pending before the Sessions Court, Ernakulam.Abhimanyu was stabbed to death in 2018 during a campus political rivalry at Maharaja's College in Ernakulam. Presently, trial is pending before the Sessions Court against 16 accused (Accused Nos. 1 to 16)...

S. 38 BNSS | Police Must Inform Suspect Of Right To Counsel During Interrogation Even Before Formal Arrest: Allahabad High Court
The Allahabad High Court observed that, under Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police have a duty to inform a suspect of his right to have counsel of his choice present during interrogation, even before he is formally arrested. A Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that the police cannot avoid this safeguard by keeping a...

Kerala High Court Refuses To Quash Cruelty Case Against In-Laws Accused Of Calling Woman 'Servant', 'Cancer In Their Life'
The Kerala High Court recently refused to quash the matrimonial cruelty case against the parents-in-law of a woman, who allegedly referred to her as 'servant without wages' and 'cancer in their lives'. [2026 LiveLaw (Ker) 557]Justice G. Girish observed that there are multiple incidents of matrimonial cruelty attributed against the husband's parents and that the same are prima facie sufficient...

High Court Should Not Suggest Custodial Interrogation Of Accused: Supreme Court
The form of interrogation is best left to the discretion of the investigating officer, the Court said.

POCSO Act | “Lethargic Attitude” Of Authorities In Serving Bail Notices Delays Hearings, Affects Liberty Of Accused: Rajasthan High Court
While hearing a bail application in a POCSO case, Rajasthan High Court observed that despite there being detailed guidelines, the manner of service regarding the intimation of bail application to the parents/guardians of the victim, continued to be improper, reflecting "lethargic attitude" of the authorities. The bench of Justice Sandeep Shah opined that due to non-sending of information to...

Informing Accused In Prison About Plea To Extend Investigation Period Not Enough; Must Produce Them Before Court: Bombay High Court
Merely informing the undertrial prisoner through the Jail Superintendent about the prosecution having applied for extension of the 180-days period for completing the probe under stringent Narcotics Drugs and Psychotropic Substances (NDPS) Act, and granting an opportunity to the accused person to file a written reply will not automatically equate with the accused person's production before...

2016 Rohith Vemula Protest: Karnataka High Court Quashes Case Against 15 Students, Says Assembly Below 250 Persons Didn't Need Permission
The Karnataka High Court has recently quashed criminal proceedings against 15 students who were booked for allegedly assembling without permission and obstructing traffic in Bengaluru during a 2016 a protest over the suicide of student Rohith Vemula, who had ended his life over alleged caste discrimination. The single judge bench of Justice H.P. Sandesh, while allowing the quashing plea,...

Tendency To Colourize Civil Disputes Into Criminal Offences An Open Secret : Supreme Court
The Supreme Court has reiterated that a purely civil dispute cannot be converted into a criminal prosecution unless the foundational ingredients of the alleged offences are made out. “The tendency of litigants to colourize civil disputes into criminal offences is an open secret in the present times. The courts have tried to put their foot down to prevent the litigants from obliterating...

S.69 BNS | Hiding Live-In Relationship, Child With Another Amount To 'Deceitful Means' To Have Sexual Intercourse With Woman: Kerala High Court
The Kerala High Court recently held that hiding live-in relationship with another woman and child born in it would amount to 'deceitful means' employed to have sexual intercourse with a woman as per Section 69 BNS. [2026 LiveLaw (Ker) 556]Justice A. Badharudeen made the observation while considering a plea for anticipatory bail under Section 18A of the SC/ST Prevention of Atrocities Act.“At...
