MINOR ACTS
Allahabad HC Acquits Rape Accused Who Spent 9 Yrs In Jail; Cites Inconsistencies In 8 Y/O Victim's Testimony, No Medical Evidence
The Allahabad High Court recently acquitted a man who spent over 9 years in jail on the allegations of committing rape and offences under the POCSO Act against an 8-year-old girl. Considering the inconsistencies and improvements in the minor victim's testimony, the conduct of her father and the absence of corroborative medical evidence, a Bench of Justice Siddhartha Varma and Justice...
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...
NDPS Act | Separate Contraband Recoveries Can't Be Treated As Commercial Quantity Absent Proof Of Joint Possession: Gauhati High Court
The Gauhati High Court has held that separate recoveries of contraband cannot be treated as a single commercial quantity, in the absence of evidence showing that the accused were acting together or were in joint possession of the contraband. [2026 LiveLaw (Gau) 82]On that basis, the Court modified the conviction of three appellants under the NDPS Act and reduced their sentence from 15...
Considering Teenage Hormonal Changes, Madras High Court Reduces Life Sentence In POCSO Case To 10 Years
The Madras High Court has observed that the impact of hormonal changes during teenage years can be a relevant factor while deciding the sentence in cases arising out of romantic relationships, even though consent or a romantic relationship is no defence under the POCSO Act.The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan reduced the life sentence imposed on the convict, who...
'Judicial Orders Not Being Given Importance': Orissa High Court Raps Police Over 8-Month Delay In FIR Registration Despite Magistrate's Order
The Orissa High Court has expressed disappointment over lackadaisical attitude of police resulting in eight-months delay in registration of FIR despite Magisterial order in a case concerning financial exploitation of an elderly woman from the Scheduled Caste community. [2026 LiveLaw (Ori) 57]Dismissing the explanation furnished by the concerned Inspector-In-Charge (IIC), the Bench of...
Fair Price Shop Licence Cancellation Order Not Signed By District Magistrate Is Invalid: Uttarakhand High Court
The Uttarakhand High Court has held that an order cancelling a fair price shop licence is unsustainable in law if it is not signed by the District Magistrate, who alone is competent to pass such an order under the applicable Government Order. The Court observed that an unsigned order cannot be treated as a valid order of the District Magistrate merely because it was communicated to the...
S. 483(2) BNSS | Can Bail Plea Be Heard In Victim's Absence If They Choose Not To Appear Despite Notice? Allahabad HC Answers
Interpreting Section 483 (2) BNSS, the Allahabad High Court has clarified that a bail application in certain cases of rape involving minors can be heard even if the informant or complainant/victim is absent, provided they were duly informed about the proceedings [2026 LiveLaw (AB) 324]. The Court stressed that the statutory mandate is to provide the complainant an opportunity of...
Kerala High Court Upholds Madrassa Teacher's POCSO Conviction For Sexually Assaulting Minor Boy
The Kerala High Court recently upheld the conviction and sentence imposed on a madrassa teacher, who was found guilty of sexually assaulting a minor student.[2026 LiveLaw (Ker) 331]Justice A. Badharudeen was considering an appeal preferred assailing the conviction for the offences under Section 377 of the Indian Penal Code, Sections 4(2) r/w. 3(d), 6(1) r/w. 5(f), 5(m), 8 r/w. 7, 10 r/w. 9(o)...
Can A Fresh Cheque Bounce Complaint Be Filed After Withdrawal Of A Premature Complaint? Rajasthan High Court Answers
The Rajasthan High Court has dismissed a petition seeking quashing of proceedings under Section 138 NI Act on the ground that the complaint filed in 2016 was time barred and filed without any application for condonation of delay under the Limitation Act. [Citation: 2026 LiveLaw (Raj) 244]The bench of Justice Anoop Kumar Dhand held that if an earlier complaint that was found to be premature,...
Madras High Court Rejects Flipkart Founders' Review Plea Against ED Show-Cause Notice In FEMA Case
The Madras High Court has dismissed a plea filed by the owners of Flipkart – Sachin Bansal and Binny Bansal, seeking to review an earlier order of the High Court dismissing their plea against a show-cause notice issued by the Enforcement Directorate in connection with a FEMA Case. Justice S Sounthar dismissed the review application filed by the duo. A detailed order copy is...