Criminal Law
Summoning Under POCSO Act Impermissible When Allegations In Complaint Are Absent From Pre-Summoning Evidence: Uttarakhand High Court
The Uttarakhand High Court has held that an accused cannot be summoned under Section 354A IPC and Sections 11/12 of the POCSO Act merely on the basis of allegations made in the complaint when such allegations are not supported by the statements recorded under Sections 200 and 202 CrPC. The Court observed that if the ingredients of the alleged offences are absent from the statements of...
Jharkhand High Court Directs Judicial Probe Into Alleged Custodial Death In Palamu, Seeks Inquiry U/S 196(2) BNSS
The Jharkhand High Court has ordered a judicial inquiry into allegations of custodial torture leading to the death of a man in Palamu district. The Court was hearing a contempt petition alleging violation of the safeguards laid down by the Supreme Court in D.K. Basu v. State of West Bengal.A Division Bench of Justice Sujit Narayan Prasad and Justice Anubha Rawat Choudhary observed that...
Can Production Warrant Override A Subsisting 'No Coercive Action' Order? Orissa High Court Answers
The Orissa High Court has held that a 'production warrant' under Section 267 of the Code Criminal Procedure (CrPC) cannot be issued against an accused, violating an interim protection order of the higher Court, merely because he is already lodged in the judicial custody in connection with another case. [2026 LiveLaw (Ori) 65]While setting aside production warrant and subsequent police...
Gujarat High Court Quashes Abetment Of Suicide FIR, Says Accused Lodging Land Grab Case Against Deceased Not Enough To Invoke Offence
The Gujarat High Court quashed an FIR against a man accused of abetting complainant's suicide against whom the former had lodged a land grab case, observing merely lodging of land grabbing complaint does not mean that it was intended to compel the deceased to commit suicide as the petitioner was only invoking legal right. [2026 LiveLaw (Guj) 175]The petitioner had sought quashing of an FIR...
17-Yr-Old Victim Had 'Worldly Knowledge Of Consequences': Karnataka High Court Grants Bail In POCSO Case, Notes She Married Accused
The Karnataka High Court has granted bail to a 28-year-old man accused of marrying a 17-year-old girl and indulging in sexual relations with her on the ground that the girl had worldly knowledge about the consequences of her actions. [2026 LiveLaw (Kar) 217]The single judge bench of Justice S. Vishwajith Shetty noted in the order that the accused and the survivor were in love and got married at...
'Medical Evidence Alone Can't Prove Authorship Of Crime': Orissa High Court Acquits Man In 2002 Witchcraft Murder
The Orissa High Court on Tuesday (June 23) acquitted a man who was convicted by a Sessions Court in 2003 for committing murder of a person suspecting him to be practising witchcraft.Finding lack of evidence against the appellant/convict and significant gaps in the prosecution case, the Bench of Justice Manash Ranjan Pathak and Justice Sashikanta Mishra held–“Defence has not disputed...
Rajasthan High Court Grants Bail To Cyber Fraud Accused Subject To Disclosure Of Crypto Holdings, Digital Wallets
While granting bail in a cyber-fraud case, Rajasthan High Court prohibited the applicants from obtaining/using any new SIM, phone; opening new bank account; or creating any social medial account, domain name or website without prior intimation to the Investigating Officer. The bench of Justice Ravi Chirania further directed the accused persons against using any VPN, TOR Browser, Proxy Server...
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...












