Criminal Law
Oral Statements U/S 200 & 202 CrPC Can't Cure Material Omissions In Protest Petition, Rendering Allegations Doubtful: Allahabad HC
In a significant order on the scope of inquiries by a Magistrate under Sections 200 and 202 CrPC, the Allahabad High Court has held that material facts omitted from the protest petition cannot ordinarily be supplied later through oral statements of the complainant and witnesses. The bench added that the introduction of such facts for the first time during the inquiry/examination by...
S. 457 CrPC | Magistrate Can't Unilaterally Cancel Interim Release Of Seized Property Without Giving Opportunity Of Hearing: Orissa High Court
The Orissa High Court has held that a Magistrate cannot unilaterally cancel/recall his previous order under Section 457 CrPC granting interim release/zima of a seized property in favour of a party, without affording an opportunity of hearing to the zimadar, except in case of violation of conditions of such release. [2026 LiveLaw (Ori) 60]A Bench of Dr. Justice Sanjeeb Kumar Panigrahi was of...
Dowry Deaths : How Supreme Court Has Repeatedly Raised Concerns Over Continuing Dowry Menace
The death of Twisha Sharma in Bhopal, which prompted the Supreme Court to initiate suo motu cognisance of allegations of institutional bias and procedural lapses and a CBI investigation, and the death of Deepika Nagar in Greater Noida amid allegations of dowry harassment have once again brought public attention to the issue of deaths of married women in their matrimonial homes.Even...
Orissa High Court Directs DGP To Ensure Arrest Memos Mention Written Grounds Of Arrest In Language Understood By Arrestee
The Orissa High Court has ordered the Director General of Police (DGP) to put out a circular mandating all the concerned police officials of the State to mandatorily provide grounds of arrest in the arrest memorandum in a language understood by the accused/arrestee. [2026 LiveLaw (Ori) 59]While declining to quash the arrest and remand of certain persons accused of peddling ganja in excess...
Bombay High Court Quashes Rape FIR, Orders Preliminary Inquiry On Woman's Future Complaints After Noting Pattern Of Similar Cases
The Bombay High Court recently, while quashing a rape FIR, ordered the Director General of Police (DGP), Maharashtra to circulate the details of the complainant woman to all the police stations across the State so that the police exercises caution in future on receiving any complaint from the said woman as she is "habitual" in filing false rape, domestic violence and cruelty cases.The...
Failure To Check Police Brutality Could Make It 'Like Nazi Germany': Patna HC Orders FIR Against SHO For Alleged Custodial Torture
The Patna High Court has directed registration of an FIR against a Station House Officer accused of brutally assaulting a man and allegedly breaking both his legs, holding that referring the victim to the Magistrate under Section 156(3) CrPC at this stage would amount to “further injustice” and warning that unchecked police brutality could make the national police “like one of...
Justice Administration Not Divorced From Human Dignity: Rajasthan High Court Suspends Life Convict's Sentence On Severe Medical Condition
Rajasthan High Court suspended life-sentence and granted bail to a murder convict, suffering from the severe ailment of Guillain-Barre Syndrome. It held that humanitarian consideration assumed greater significance when the ailment was so severe that confinement might deprive the appellant of comfort, emotional support and constant care which only family could provide. [2026 LiveLaw (Raj)...
Conviction Can't Rest On 'Last Seen' Alone Without Complete Chain Of Circumstances: Allahabad HC Acquits Man In 1986 Murder Case
The Allahabad High Court recently acquitted a man (sole surviving appellant) sentenced to life imprisonment in connection with a 1986 murder case, as it observed that the theory of "last seen together" is a "very weak kind of evidence" and it alone cannot sustain a conviction. A bench of Justice Rajnish Kumar and Justice Babita Rani added that the courts must ensure that the...
Chhattisgarh High Court Permits Undertrial To Take NEET Exam Under Police Custody, Declines Temporary Bail
The Chhattisgarh High Court has allowed a 21-year-old man accused of abetting suicide, who is currently in judicial custody, to appear in the upcoming NEET-UG examination under police custody/escort.[2026 LiveLaw (Chh) 44]An urgent mentioning was made before the Bench of Chief Justice Ramesh Sinha by the counsel appearing for the accused/applicant. A prayer was made to grant temporary bail to...
Rape Convict Can Be Charged With Abetment Of Suicide If Victim Ends Life Due To Trauma Of Assault: Chhattisgarh High Court
The Chhattisgarh High Court has held that commission of rape on a woman leads to loss of her dignity and self-esteem in Indian society, which are sufficient to lead her to take the extreme step of taking away her own life and therefore, a rape convict can be held guilty for abetting suicide of the victim. [2026 LiveLaw (Chh) 43]Upholding conviction of the appellant/accused under Section 306...
Motive Loses Significance When Crime Proved By Ocular Evidence: Allahabad High Court Upholds Conviction In 2015 Murder Case
The Allahabad High Court recently observed that the prosecution's case cannot be thrown out on the ground that the motive is not proved or that there is some doubt about it, if the occurrence is proved by ocular evidence. A bench of Justice Rajnish Kumar and Justice Zafeer Ahmad thus upheld the conviction and life sentence awarded to appellant-Hareram Chaudhary for the...
Warning Against Filing Frivolous Petitions Doesn't Make Interlocutory Order Revisable: Orissa High Court
The Orissa High Court has held that the cautionary observation of a Magistrate, while rejecting a plea seeking cancellation of bail, asking parties not to file “frivolous and vexatious petitions in future” is interlocutory in nature, which cannot be challenged in revision under Section 397 of the Code of Criminal Procedure (CrPC). [2026 LiveLaw (Ori) 58]Reversing the findings of the...










