Criminal Law

S.262(1) BNSS | Not Mandatory To Wait 60 Days For Framing Charge But 'Reasonable Interval' Be Given For Seeking Discharge: Orissa High Court
The Orissa High Court has ruled that the sixty-days period provided to accused for filing discharge application under Section 262(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is not a rigid or non-negotiable “moratorium” and that trial court may proceed to frame charge after allowing a “reasonable interval” to elapse after supply of police papers to accused under Section 230 of...

Exhibiting Private Parts To Minor Child Not Sexual Assault But Sexual Harassment: Madras High Court Modifies Sentence
The Madras High Court recently modified the sentence imposed on a man, accused of showing his male private organ to a minor boy. [2026 LiveLaw (Mad) 436]. Justice S Karthikeyan noted that the act attributed to the man was that he had shown his male organ to the child. The court remarked that such an act would not constitute sexual assault under Section 7 of the POCSO Act but would...

'No Person Can Practise As Advocate Without Enrolment': Rajasthan High Court Imposes ₹50,000 Costs On 'Fake Lawyer'
The Rajasthan High Court has imposed a cost of Rs. 50,000/- on a man accused under Section 319(2) BNS, for representing himself to be an advocate without enrolment with the Bar Council and making appearances before the trial court. Section 319(2) prescribed punishment for the offence of cheating by personation. The bench of Justice Ravi Chirania opined,"No person can be permitted to practise...

News Reporter Publishing Report Based On Police Officer's Statement Not Liable For Defamation: Jharkhand High Court
The Jharkhand High Court has held that a reporter cannot be fastened with criminal liability for publishing a news report based on a statement made by a police officer, where the reporter merely reports what was stated by the officer. The Court observed that the respondent was “merely a Reporter” who had published what had been stated by the SDPO and that “the publication of a news item...

Mere Participation In Protest Not Offence: AP High Court Quashes Assault FIR Against YSR Congress Leaders During Political Rally
The Andhra Pradesh High Court has quashed FIR against political leaders Yuvajana Sramika Rythu (YSR) Congress Party leaders Devineni Avinash, former MLA Monditoka Jagan Mohana Rao and MLC Monditoka Aruna Kumar over allegations of assault, organizing unlawful assembly, obstructing public servants during “Annadata Poru” rally.[2026 LiveLaw (AP) 211]Reportedly, the state-wide protest rally...

Prosecution Story Of Taking Dead Body To Police Station Suspicious : Supreme Court Acquits Two Murder Convicts
The Supreme Court on Tuesday (08.09.2026) acquitted two persons convicted of murder, holding that the prosecution's own case of taking the body of the deceased to the police station instead of the hospital, raises suspicion, and that this conduct along with other infirmities in the investigation and eyewitness testimony raised a reasonable hypothesis of innocence.A bench of Justice JB...

Madras High Court Acquits Death Row Prisoner Accused Of Sexually Abusing 5 Minors, Says 'Draconian' POCSO Provisions Weaponised
The Madras High Court recently set aside the death sentence imposed on a man accused of sexually abusing 5 minor children. [2026 LiveLaw (Mad) 434] The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan observed that the prosecution case suffered from material inconsistencies, omissions and deficiencies which create a reasonable doubt. The court added that when such...

Departmental Exoneration No Ground For Discharge: Kerala High Court Permits Trial In 2013 Gold Smuggling Case Against Customs Official
The Kerala High Court on Tuesday (September 8) upheld the order of the Additional Special Court (SPE/CBI) – II, Ernakulam dismissing the discharge plea filed by three of the accused in the 2013 gold smuggling case. [2026 LiveLaw (Ker) 493]The case relates to the smuggling of around 56 kg of gold worth Rs. 17.86 crores through Cochin International Airport, causing a loss of Rs. 1.83...

Forest Official Assault Case: Gujarat High Court Grants 7-Day Temporary Bail To AAP MLA Chaitar Vasava To Attend Assembly Session
The Gujarat High Court on Monday (September 7) granted 7-days temporary bail to Aam Aadmi Party MLA Chaitar Vasava–convicted for assaulting and extorting forest officials in a forest land encroachment case, to enable him to attend the Legislative Assembly session. [2026 LiveLaw (Guj) 241]Vasava had moved the high court seeking 15 day temporary bail from 07.09.2026 to 21.09.2026, to attend...

Unemployment, Poor Business, Loan Repayments Can't Justify Failure To Pay Wife's Maintenance: HP High Court
The Himachal Pradesh High Court has held that a husband's financial constraints, lack of employment, poor business performance or outstanding loans cannot be used as an escape route to avoid his obligation to pay maintenance to his wife, including a divorced wife. The Court observed that the wife's right to maintenance cannot be sacrificed on account of financial difficulties arising from...

'Brake Failure, No Rash Driving': Sikkim High Court Awards ₹5 Lakh No-Fault Compensation To Deceased's Family In Accident Case
The Sikkim High Court has held that a Motor Accident Claims Tribunal can award no-fault compensation under Section 140 of the Motor Vehicles Act, 1988, even after rejecting a claim under Section 166 on the ground that the accident was not caused by rash or negligent driving. The Court further stated that the insurer was liable to indemnify the vehicle owner under the applicable package...

Supreme Court Expresses Concern Over Voluminous Records In Corruption Cases Delaying Prosecution
The Supreme Court on Tuesday (08.09.2026) observed that prosecutions in corruption cases have a history of long pendency, often on account of voluminous but largely unnecessary and irrelevant evidence intimidating the courts."We cannot but notice that in corruption cases voluminous evidence is led, which is often intimidating to the Court, especially since many aspects attempted to be led...
