POCSO Misuse | Allahabad High Court Flags Use Of Forged School Certificates To Show Victims As Minors, Seeks UP Govt Guidelines

The Allahabad High Court recently flagged what it described as the "clear misuse of the POCSO Act" by the parents of the victims who submit forged school certificates to show the victims as below 18 years of age.The Court noted that this practice results in the false implication of several young boys who find it difficult to obtain bail and are easily convicted in view of the presumption...

Accused On Bail Shown As In Jail, Gang Chart Approved Without Joint Meeting: Allahabad High Court Quashes UP Gangsters Act FIR

The Allahabad High Court recently quashed an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, after noting that the mandatory joint meeting was not held and incorrect entries were made showing accused persons as being in jail despite the fact that they had been granted bail. A Bench of Justice JJ Munir and Justice Tarun Saxena thus allowed...

S.149 IPC | Mere Presence Or Nomination In FIR Cannot Sustain Conviction Without Proof Of Unlawful Assembly, Common Object: Allahabad High Court

No specific role or weapon attributed to two accused; Court finds Prosecution failed to establish they were part of alleged Unlawful Assembly or shared a Common Object

Mere Threats Don't Constitute Criminal Intimidation Without Intent To Cause Alarm: Gujarat High Court Quashes FIR

The Gujarat High Court has held that merely threatening without an intention to cause alarm to the complainant would not constitute offence of criminal intimidation. [2026 LiveLaw (Guj) 225]In doing so the court held that to invoke this offence the complainant must establish that the accused had an intention to cause alarm to him. The petitioners had sought quashing of an FIR under IPC...

Insistence On Prior Complaint Or Documentary Proof Of Injury To Establish Matrimonial Cruelty “Absurd”: Jharkhand High Court

The Jharkhand High Court has observed that insisting on a prior police complaint regarding assault and torture, or documentary proof of injuries, to establish matrimonial cruelty is “absolutely absurd and unwarranted”.A Single Judge Bench of Justice Pradeep Kumar Srivastava made the observation while setting aside an appellate court's decision acquitting a husband of the offence under...

Holding Ambedkar Jayanti Meeting In School Was Not Attempt To Unduly Influence Lok Sabha Polls: Jharkhand High Court Quashes Case

The Jharkhand High Court has held that merely organising a meeting in a school hall to celebrate Ambedkar Jayanti does not amount to undue influence at an election under Section 171F of the IPC.A Single Judge Bench of Justice Anil Kumar Choudhary quashed criminal proceedings against two persons who were booked over a meeting held during the 2024 Lok Sabha elections.The first petitioner was...

Mere Protesting Or Using Bad Language Does Not Constitute Obstruction Of Public Servant: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that mere protest or use of intemperate language against a public servant, in the absence of any overt act that actually obstructs the discharge of official duties, does not constitute an offence under Section 186 of the Indian Penal Code (IPC). The Court observed that while “obstruction” need not necessarily be physical, the prosecution must...

Contradictory Doctor Testimony In POCSO Case Prompts Madras High Court To Order Guidelines For Medical Witnesses

After taking note of contradictory testimony of a Doctor in a POCSO case, the Madras High Court recently directed the Secretary to Government, Health and Family Welfare Department and the Director of Medical Education to issue a comprehensive circular/guideline to all Government Medical Colleges, Government Hospitals, etc, detaling the duties and responsibilities of Government...

Employer Cannot Constitute Its Own Appellate Authority Under POSH Act: Bombay High Court

The Bombay High Court has held that Section 18 of the POSH Act read with Rule 11 of the POSH Rules does not confer any authority or jurisdiction on an employer to create or constitute an Appellate Authority. The Court further cautioned that public institutions must be cautious in interpreting, as a misconceived interpretation can lead to a chaotic situation. A Division Bench comprising Justice...

Witness Attesting Allegedly Fraudulent Document Not Criminally Liable Without Specific Allegations: AP High Court

The Andhra Pradesh High Court held that mere attestation of an allegedly fraudulent document, without any specific allegation attributing an active role to the attesting witnesses in the alleged offence, cannot by itself make them criminally liable. [2026 LiveLaw (AP) 195]The Court accordingly quashed the criminal proceedings against two accused who had been implicated solely on the ground...

Mere Assault On Woman Without Specific Overt Act Towards Commission Of Rape, Is Not Attempt To Rape: Jharkhand High Court

The Jharkhand High Court has held that an assault on a woman, in the absence of any specific overt act towards the commission of rape, would not by itself constitute an attempt to rape.A Single Judge Bench of Justice Pradeep Kumar Srivastava altered the conviction of a man from attempt to rape under Sections 376/511 of the Indian Penal Code to the offence of outraging the modesty of a woman...

Right To Marry Human Right, Post-Divorce Marriage Valid When Appeal Was Dismissed For Default: Madras High Court

The Madras High Court recently held that a re-marriage that took place post-divorce was valid when the appeal against the order of divorce was dismissed for default. [2026 LiveLaw (Mad) 400]. The bench of Justice GR Swaminathan and Justice MD Sumathi noted that when there was no stay on the divorce order, the status of the woman was that of a “divorced woman” and she was thus...