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 Criminal Law

Vehicle Seized For Illegal Mining Cant Be Released After Criminal Case Ends; Confiscation Proceedings Must Be Considered: Rajasthan High Court

The Rajasthan High Court has held that the confiscation proceedings initiated by the Mining Department and the criminal proceedings initiated for illegal mining are separate, and conclusion of criminal case does not automatically result in release of the vehicle seized therein. For context, a complaint was filed before the Magistrate under the Motor Vehicles Act, 1988 (“MV Act”), in which...

Magistrate Can Reject Police Final Report And Summon Accused If Case Diary Discloses Prima Facie Offence: Allahabad High Court

The Allahabad High Court has held that a Magistrate may take cognizance of an offence under Section 190(1)(b) of the Code of Criminal Procedure and summon the accused even where the police have filed a final report concluding that no case is made out, and that in doing so he is not required to follow the procedure prescribed under Sections 200 and 202 of the Code. It held that at that stage...

Convicts Must Be Informed Reasons For Rejection Of Remission, Right To Challenge Order: Gauhati High Court

The Gauhati High Court on Wednesday (September 2) directed the States of Assam, Nagaland, Mizoram and Arunachal Pradesh to file affidavits stating the number of convicts whose remission applications have been rejected and whether the reasons for such rejection have been communicated to them. A Division Bench comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita was hearing a...

Chairperson Alone Cannot Pass Order: Uttarakhand High Court Quashes Disciplinary Action Against Police Officer

The Uttarakhand High Court has held that “an order passed by the Chairperson of the State Police Complaints Authority alone cannot be treated as an order passed by the Authority”. Holding that as per the scheme of the Uttarakhand Police Act, 2007, the Authority consists of the Chairperson and four other members and held that an order passed by the Chairperson alone was “illegal per se...

Family Is Of Dabang Nature: Patna High Court Refuses Bail To Juvenile, Notes Criminal Antecedents Of Family Members

The Patna High Court has refused bail to a juvenile accused of murder, holding that his release would defeat the ends of justice in the circumstances of the case. The Court noted that the appellant's father had six criminal antecedents, including the present murder case, while his uncles and cousins also had criminal antecedents, and that the Social Investigation Report found a...

Husbands Refusal To Re-Marry After Halala Not Offence: Jharkhand High Court Grants Anticipatory Bail To Man After Wifes Subsequent Marriage

The Jharkhand High Court has held that after divorce and the wife's subsequent marriage with another man, the husband's refusal to re-marry does not amount to a cognizable offence or a legal wrong under Muslim personal law or general criminal law. The Court observed that “the husband's refusal does not amount to a cognizable offence or a legal wrong under Muslim personal law or the...

Karnataka High Court Quashes Order Pardoning Approver Pradosh In Renukaswamy Murder Trial, Cites Procedural Aberrations

The Karnataka High Court on Tuesday (September 8) set aside a trial court's order granting conditional pardon to an accused-turned-approver Pradosh in the Renukaswamy murder case allegedly involving Kannada actor Darshan, holding that the procedure adopted suffered from 'procedural aberrations'. [2026 LiveLaw (Kar) 341]Darshan, accused No.2 in the murder case, had approached the High...

Andar Bahar Is A Game Of Chance, Not Skill: Karnataka High Court Disagrees With 1977 Precedent, Refers Issue To Larger Bench

In a significant development, a single judge of the Karnataka High Court has expressed disagreement with a 1977 precedent [Eeranna v. State of Karnataka] that held the card game 'Andar Bahar' to be a game of skill, observing instead that it is a game of chance. The single judge bench of Justice Suraj Govindaraj has referred the matter to a larger bench for reconsideration; and has asked...

S.106 BNS | Landlord Not Liable For Accidental Death In Rented Premises If No Attributable Negligence: Allahabad High Court

The Allahabad High Court has held that mere ownership of premises cannot create vicarious criminal liability on a landlord for an accidental death unless the prosecution material discloses a legally attributable negligent act or omission on the part of the owner. A bench Justice Saurabh Srivastava made the observation while quashing the chargesheet, cognizance/summoning order and entire...

Telling Woman To Succumb To Sexual Demands For Growing In Career Not Abetment If Intention Absent: Gujarat High Court

The Gujarat High Court has held that merely telling a woman she would have to succumb to innapropriate behaviour if she wants to grow in an industry would not amount to abetment to an offence if the intention is absent. [2026 LiveLaw (Guj) 240]The petitioner had sought quashing of an FIR for offences under Sections 354(Outraging Modesty), 354A(Sexual Harassment), 354C(Voyeurism),...