Criminal Law

Challenge To Sessions Judge's Transfer Order Lies Under Section 482 CrPC, Not Section 407: Allahabad High Court
The Allahabad High Court has held that where a Sessions Judge allows an application to transfer a criminal case under Section 408 CrPC, the person aggrieved by that order cannot challenge it by filing a fresh transfer application under Section 407 CrPC. It held that order allowing transfer can only be challenged before the High Court under Section 482 CrPC.For context, Section 408 CrPC...

When Accused Is In Jail, Court & Prosecution Have Duty To Expedite Trial: Supreme Court
The Court granted bail after a 9-year delay in the trial shocked its judicial conscience.

Kerala High Court Upholds Order Directing FIR Against Three Police Officers In Ponnani Rape Case
Rape allegations against police officers are not protected by BNSS safeguards for acts done in official duty, Court held.

Mere Swear Words & Vulgar Expletives Not Obscenity : Supreme Court Explains Scope Of S.294(b) IPC
Holding that "use of mere swear words, profanities and vulgar expletives, however distasteful or uncivil they may be, cannot be equated with obscenity", the Supreme Court has ruled that abusive or vulgar language by itself does not constitute the offence of obscenity under Section 294 of the Indian Penal Code (IPC). The Court clarified that obscenity in law is distinct from vulgarity, abuse...

POCSO | Can Penetration Be Inferred From Alleged Bleeding When Medical Report Shows No Injury? Allahabad High Court Answers
The Allahabad High Court has observed that the absence of injuries does not, by itself, disprove allegations of rape or penetrative sexual assault; however, inferring penetration from alleged bleeding becomes highly doubtful when a contemporaneous medical report completely rules out any bodily injury without a satisfactory explanation.A bench of Justice Salil Kumar Rai and Justice Vinai...

J&K&L High Court Refuses To Quash FIR Against Woman Accused Of SIM-Swapping With Trekker, ₹8.73 Lakh Cyber Fraud
The High Court of Jammu & Kashmir and Ladakh has refused to quash an FIR against a woman accused of being part of an alleged SIM-swapping and cyber fraud racket that allegedly targeted a trekker from West Bengal during his visit to Kashmir and siphoned off more than ₹8.73 lakh from his bank accounts.Holding that the allegations disclosed commission of cognizable offences under the...

Patna High Court Grants Bail To Accused In NEET Paper Leak Case
The Patna High Court has granted bail to an accused in the NEET paper leak case, whose name surfaced during investigation. The Court was hearing a bail plea in connection with a case alleging a conspiracy to procure and distribute question papers before the examination.A Single Judge Bench of Justice Ashok Kumar Pandey allowed the bail application in a case registered for offences under...

Allahabad High Court Directs Criminal Prosecution Of Litigant & Her Lawyer For 'Forging' Signatures On Affidavits In PIL
Matter will be tried by jurisdictional Magistrate at Prayagraj.

Dowry Harassment In Love Marriage 'Difficult To Believe': Karnataka High Court Grants Bail To Husband In Suicide Case
The Karnataka High Court has recently granted bail to a software professional accused of abetting his wife's suicide, observing that allegations of dowry demand become 'difficult to be believed" when the marriage is a love marriage. [2026 LiveLaw (Kar) 254]The single judge bench of Justice S Vishwajith Shetty, while allowing the bail petition of accused, noted that the accused and the...

Karnataka High Court Quashes FIR Against Activist Over Social Media Posts On Dharmasthala Temple After Undertaking To Maintain Harmony
The matter will be viewed seriously if the undertaking is breached, Court said.

SHOs Not Mere Post-Offices, Must Apply Independent Mind Before Filing Charge Sheets: Rajasthan High Court
SHO is duty bound to supervise and check investigation is conducted properly, Court said.

Failure To Impose Fine U/S 307 IPC Is A Sentencing Error; Cannot Rectify It In Appeal Filed Solely By Convict: Allahabad High Court
The Allahabad High Court has observed that it is mandatory for the trial court to impose fine along with jail term for convictions under Section 307 (Attempt to Murder) and the failure to do so is an error in sentencing. A bench of Justice Santosh Rai, however, clarified that in the absence of an appeal either by the State or the complainant seeking enhancement of the sentence by...
