Appellate Court Reversing Acquittal Must Itself Hear Convict On Sentence, Cannot Remand To Trial Court For Sentence Alone : Supreme Court

The Supreme Court on Tuesday (May 26) held that if an Appellate Court, while hearing an appeal against an acquittal, finds the accused guilty, then it cannot relegate the matter to the trial court for imposing the sentence. The Appellate Court itself has to hear the convict on sentence. “It can be seen from Section 386(a), Cr.P.C., that where in an appeal from an order of acquittal, the...

S.125 CrPC | Husband's Detention For Failure To Pay Maintenance Can't Become Indefinite Punitive Imprisonment: MP High Court

The Madhya Pradesh High Court has held that imprisonment in maintenance execution proceedings is merely a coercive mechanism intended to secure compliance and cannot be converted into indefinite punitive detention. The bench of Justice Himanshu Joshi ordered the release of a labourer who had remained incarcerated since October 2025 for non-payment of maintenance arrears to his wife and...

Superior Police Officer Can Order Further Investigation Before Filing Of Charge-Sheet: Rajasthan High Court

The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of...

"Can't Sail In Two Boats": Rajasthan High Court Rejects Parallel Challenge To Cognizance And Framing Of Charges

The Rajasthan High Court has held that even though multiple remedies might exist with a litigant, once selection was made regarding the remedy to be pursued, that operated as a bar on simultaneous initiation of a parallel remedy.The bench of Justice Anoop Kumar Dhand opined that the aggrieved party could not be allowed to “sail in two boats” by availing parallel remedies for common...

CrPC | Accused Has Absolute Right To Use Section 161 Statements To Contradict Witnesses During Cross-Examination: Kerala High Court

The Kerala High Court, in a recent judgment, clarified that an accused has an absolute right to use the previous statements given by the witnesses to the investigating officer under Section 161 Cr.P.C. for the purpose of shaking the veracity of their evidence and making it untrustworthy.Justice A. Badharudeen held:“it is the absolute right of the accused to use previous statements...

S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court

The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...

High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC

The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...

S. 447 BNSS| High Court Can Be Directly Approached To Transfer Case From One Special Court To Another: Kerala High Court

The Kerala High Court, in a recent decision, held that a person seeking to transfer a case from one Special Court to another Special Court can directly approach the High Court without first approaching the Sessions Court.Justice A. Badharudeen held:“it is not safe to say that, when a person wants to transfer a case pending before the Special Court under the PC [Prevention of Corruption ]Act...

S.125 CrPC Maintenance | Magistrate Can't Presume High Income Merely Because Husband Failed To Produce Employment Documents: Gauhati High Court

The Gauhati High Court has held that mere failure of the husband in furnishing documents regarding his employment does not discredit his evidence about his income as stated in statement of assets and liabilities in maintenance proceedings. In doing so the court held that order shifting burden of proof on the husband to establish his income, for determining maintenance to wife, is arbitrary....

Repeated Preventive Arrests U/S 107 CrPC After Bail In UAPA Cases Are Fresh Grounds For PSA Detention: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has held that repeated preventive arrests of a detenu under Section 107 read with 151 CrPC after his release on bail in Unlawful Activities (Prevention) Act cases constitutes fresh and proximate material for the detaining authority to pass an order of preventive detention under the Public Safety Act, and such grounds cannot be dismissed as stale...

S.233 CrPC | Accused Has Right To Summon Defence Witnesses, Court's Interference Is Limited: Allahabad High Court

The Allahabad High Court has held that courts cannot ordinarily interfere in accused's rights under Section 233 CrPC to produce defence witnesses. It held that if the Court refuses to issue summons to witnesses sought to be produced by the accused then it can only do so by recording reasons in writing and observing that such summons would delay or defeat the cause of justice.Justice Vivek...

Police Cannot Seize Bank Accounts Under Section 102 CrPC Without Direct Link To Offence: Bombay High Court

The Bombay High Court has held that police cannot freeze or seize bank accounts under Section 102 of the Code of Criminal Procedure, 1973, without establishing a direct nexus between the seized property and the alleged offence. The Court observed that imposing an onerous condition of furnishing a bank guarantee equivalent to the frozen amount while directing de-freezing of accounts frustrates...