Criminal Law
Delay In Investigation Not A Ground To Quash Corruption FIR Unless Accused Shows Prejudice To Fair Trial: HP High Court
The Himachal Pradesh High Court has held that an FIR registered under the Prevention of Corruption Act cannot be quashed merely on the ground of delay in investigation or filing of the charge-sheet, unless the accused demonstrates that such delay has caused prejudice affecting a fair trial. Dismissing a petition seeking quashing of corruption proceedings arising from alleged irregularities in...
Section 348 BNSS | Power To Recall Witness Should Not Be Used To Confer Second Innings To Negligent Litigant: Madras High Court
The Madras High Court recently held that the power of a trial court to recall a witness under Section 348 of the BNSS [corresponding to Section 311 of the CrPC] cannot be used to give a second chance to a negligent litigant to improve their case at the end of the trial. [2026 LiveLaw (Mad) 275] Justice Victoria Gowri observed that the criminal trial was not a game of strategy between...
Law Doesn't Require Eyewitnesses To Sign Inquest Report; Testimony Unaffected If Their Names Absent From Police Papers: Allahabad High Court
The Allahabad High Court recently affirmed the life imprisonment of a man convicted of a brutal daylight murder in 1998, as it clarified that the testimony of a credible eyewitness cannot be discarded merely because they did not sign the inquest report and other police papers, including spot recovery memos. A bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II added that there...
Promise To Marry After Initial Sexual Assault Cannot Shield Accused: Calcutta High Court Upholds Rape Conviction
The Calcutta High Court has upheld the conviction of a man for rape, holding that a subsequent promise to marry after an initial act of forcible sexual assault cannot absolve the accused of criminal liability. The Court observed that while the parties later entered into a physical relationship on the accused's repeated assurances of marriage, the initial act was without the victim's consent...
Social Media Must Regulate Intimidating Posts: Karnataka High Court While Denying Bail To 4 Over 'Obscene Posts' Against Darshan's Wife
The Karnataka High Court last month denied bail to four persons who have been booked for making obscene posts on social media against actor Darshan's wife Vijaylakshmi Darshan. [2026 LiveLaw (Kar) 212]Justice S Rachaiah dismissed the bail petitions in four separate orders and noted:"No doubt, freedom of speech of expressions are guaranteed to its citizens under the Constitution...
Speedy Justice Requires Stakeholders To Act With Due Diligence: Uttarakhand High Court Directs State To Assist Trial Courts In Long-Pending Trials
The Uttarakhand High Court has granted bail to a murder accused who had remained in judicial custody since 13.07.2016, reiterating that the right to speedy trial is an integral facet of Article 21 of the Constitution of India and that prolonged incarceration of an undertrial prisoner without likelihood of early conclusion of trial cannot be countenanced indefinitely.Importantly, the Court...
Allahabad HC Acquits Rape Accused Who Spent 9 Yrs In Jail; Cites Inconsistencies In 8 Y/O Victim's Testimony, No Medical Evidence
The Allahabad High Court recently acquitted a man who spent over 9 years in jail on the allegations of committing rape and offences under the POCSO Act against an 8-year-old girl. Considering the inconsistencies and improvements in the minor victim's testimony, the conduct of her father and the absence of corroborative medical evidence, a Bench of Justice Siddhartha Varma and Justice...
Supreme Court Stays Order Granting Rs. 10 Lakh Compensation To Man Illegally Arrested By UP Police
The Supreme Court on Monday (June 22) stayed the Allahabad High Court's order which had directed the State Government to make a payment of Rs. 10 lakhs as compensation to a man for over three months' illegal detention after illegal arrest.A Bench of Justice Prashant Kumar Mishra and Justice Sanjeev Sachdeva was hearing the State's appeal challenging the High Court's decision on the limited...
Gujarat High Court Quashes FIR Against Advocate, Finds He Was Falsely Implicated For Representing One Of The Accused
The Gujarat High Court recently quashed an FIR against an advocate, after noting that the CCTV footage reflected that he was not present at the place where he had allegedly threatened the complainant. [2026 LiveLaw (Guj) 170]The advocate claimed that the complainant had falsely implicated him as he represented one of the accused in the case lodged by complainant. The complainant on the...
Navigating Statutory Silences: A Closer Look At Justiciability Of Self-subscribed Procedure In Criminal Law
The Indian legal landscape is seldom an exception to the regulatory overreach done in the name of procedure. Nevertheless, when such procedure is voluntarily adopted, it ought to align with the tenets of law. This is an analyses of a recent order passed by the Madras High Court in M/s. Jks Constructions Private Limited v The Assistant Registrar of Companies (2026)[1] and poses a pertinent question before us: When a regulatory authority adopts a procedure not mandated by law, how far can that...
Police Must Electronically Inform Jurisdictional Court Of Date, Time & Place Of Out-Of-State Arrest Without Warrant: Orissa High Court
The Orissa High Court has held that whenever a person is arrested without warrant outside the State, the arresting officer must immediately inform the jurisdictional court of the date, time and place of arrest through electronic means, including e-mail. [2026 LiveLaw (Ori) 61]Issuing a slew of guidelines to ensure fairness in arrests made outside the jurisdiction of the court,...
Magistrate Can't Reject Refer Report Solely Based On Protest Petition: Rajasthan High Court Quashes Cognizance In Rape Case
The Rajasthan High Court has held that a Magistrate cannot reject a negative final report and take cognizance of offences solely on the basis of the averments made in a protest petition, without meaningfully considering the material collected during investigation and recording reasons for disagreeing with the investigating officer's conclusions. Holding that the cognizance order suffered...












