Criminal Law

Kerala High Court Sets Aside BJP Councillor R Sugathan's Preventive Detention Under KAAPA, Says Illegible Material Supplied To Him
The Kerala High Court on Tuesday (October 6) has set aside the prevention detention of BJP Councillor from Thiruvananthapuram Sugathan R., who is presently detained in Viyyur Jail (Thrissur) as per the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA). [2026 LiveLaw (Ker) 554]The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. today delivered the verdict in...

Rithanya Dowry Death Case: Madras High Court Directs Return Of 100 Sovereigns Of Gold & Car To Deceased's Father
In the Rithanya dowry death case, the Madras High Court has directed the Deputy Superintendent of Police (Avinashi Sub Division – Tiruppur District) to hand over 100 sovereigns of gold and a Volvo car, which were given as dowry to be handed over to Rithanya's father. [2026 LiveLaw (Mad) 483] 27-year-old Rithanya had committed suicide in July last year, over alleged dowry harassment....

Low IQ Or Intellectual Disability Won't Make Accused Unfit For Trial If He Can Understand & Participate In Proceedings: Kerala High Court
The Kerala High Court recently held that low IQ or intellectual disability would not make an accused unfit for trial if he has the functional capacity to understand and participate in proceedings. [2026 LiveLaw (Ker) 550]Justice Jobin Sebastian referred to Section 368 [Procedure in case of person with mental illness tried before Court] of the Bharatiya Nagarik Suraksha Sanhita (BNSS)...

S.72 BSA | Courts Must Compare Signatures Themselves, Expert Evidence Cannot Be Called Routinely In Handwriting Disputes: Supreme Court
Courts have full discretion to seek expert opinion only when there is doubt or the writing is smudged, vague, or very light, the Supreme Court clarified.

Sending FIR To Wrong Court Is Mere Irregularity, Not Ground To Quash: State Tells Karnataka High Court In Case Against BJP's Pratap Simha
The Karnataka High Court was on Monday told that merely sending an FIR to a court lacking jurisdiction would amount to a procedural irregularity and would not, by itself, warrant quashing of the criminal proceedings against BJP leader and former MP Pratap Simha.State Public Prosecutor made the submission while opposing Simha's challenge to two FIRs registered against him in connection with...

Harassment Allegations Against Husband's Close Relatives Living Separately Or In Another City Need Greater Scrutiny: AP High Court
The Andhra Pradesh High Court has held that allegations of harassment against the husband's close relatives require careful scrutiny when they live in different cities and rarely or never visit the complainant's residence. Such allegations, the Court said, have an “entirely different complexion” and must be examined with “great care and circumspection”. The Court made the...

Acting Contrary To Departmental Expectation Not Misconduct If It Was A Bonafide Exercise Of Judgment: Allahabad High Court
The Allahabad High Court has held that an officer who acts in good faith, with no trace of corrupt intent or personal gain, is not guilty of misconduct merely because the stand he took ran contrary to what his department expected of him. Quashing the charge sheet issued to a senior officer who gave his “no objection” to a C.B.I. closure report before the Special (CBI) Court, Kolkata,...

POCSO Case | S.91 CrPC Plea To Summon Documents Can't Be Rejected On Assumption About Their Evidentiary Value: Rajasthan High Court
The Rajasthan High Court has held that a plea under Section 91 CrPC for production of documents cannot be rejected by pre-judging their contents or evidentiary value, particularly where the documents have a reasonable nexus with a material issue in the trial.The bench of Justice Farjand Ali observed that while the power under Section 91 CrPC must be exercised with due circumspection, it cannot...

Motor Accident Compensation Can't Be Based Solely On Basic Salary; Employment-Related Allowances Must Be Included: Rajasthan High Court
The Rajasthan High Court has held that employment-related allowances forming part of a deceased employee's regular earnings must be taken into account while assessing his income for computation of motor accident compensation, and cannot be excluded merely because they are described as allowances.The bench of Justice Sanjeet Purohit observed that the assessment of income cannot be confined to...

'Cooperation' With Drug Traffickers Not Enough For NDPS Conspiracy Charge Without Specific Overt Act: Rajasthan High Court
While discharging a man from an NDPS case, the Rajasthan High Court observed that a bare assertion that he had “cooperated” with persons allegedly involved in drug trafficking, without disclosing the nature, manner or occasion of such cooperation, could not by itself attract Section 29 of the NDPS Act, which deals with abetment and criminal conspiracy.The bench of Justice Farjand Ali...

Cruelty FIR Can Be Quashed Where Parties Have Genuinely, Amicably Settled Differences: AP High Court
The Andhra Pradesh High Court quashed a cruelty FIR lodged by a wife against her husband and his relatives after the parties entered into a settlement of the matrimonial dispute, holding that cases where parties have genuinely, amicably settled their differences and where conviction possibility is remote can be quashed. The Court observed that continuing criminal proceedings in such...

NDPS Act Prosecution Can't Be Quashed On Sole Ground That Disclosure Of Co-Accused Was Relied Upon : Supreme Court
The Supreme Court has held that although a confession under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) or a disclosure statement under Section 53A cannot have evidentiary value to secure a conviction, the mere presence of such material cannot be a ground to quash a pending NDPS prosecution at the threshold. A bench of Justice JB Pardiwala and Justice...
