MINOR ACTS
'Romantic Relationship, Proposal To Marry Cannot Dilute POCSO Act': Uttarakhand High Court Denies Bail Over Minor's Sexual Assault
The Uttarakhand High Court has held that “the plea of romantic relationship and subsequent proposal to marry cannot dilute the statutory protection granted to minor child under the POCSO Act,” thus reiterating that a minor's consent is “completely irrelevant in the eyes of law.”Applying this to the present case, the Court also took note of the allegation that the accused had concealed...
Father Not In Charge Of Child Can't Be Prosecuted For Cruelty Under Juvenile Justice Act Over Non-Payment Of Maintenance: Kerala High Court
The Kerala High Court recently quashed the criminal proceedings initiated against a father, who was working abroad, accused of the offence under Section 75 of the Juvenile Justice (JJ) Act for failing to provide for the basic needs and maintenance of his child. [2026 LiveLaw (Ker) 469]Section 75 JJ Act provides for punishment for cruelty to a child if the person having the actual charge of,...
'Lived Separately': Gujarat High Court Quashes Domestic Violence Case Against Husband's Sisters Accused Of Instigating Dowry Demand
The Gujarat High Court quashed a domestic violence case against two women accused of instigating their brother for demanding dowry from his wife, observing that they were married much prior to the complainant and living separately hence the question of mental and physical torture by them did not arise. [2026 LiveLaw (Guj) 232]The son of petitioners 1 and 2 was married to respondent no.1 as...
Jharkhand High Court Reduces Sentence In ₹300 Bribe Case From 1993, Says Accused Has Suffered 'Agony Of Trial' For Three Decades
The Jharkhand High Court has reduced the sentence imposed on a man in a 1993 corruption case involving a demand of ₹300 for processing the provident fund dues of the complainant, taking note of the fact that he had faced the “agony of the trial” for three decades.A Single Judge Bench of Pradeep Kumar Srivastava, while considering the quantum of sentence under Section 7 of the...
'Safe Harbour Protects Us, Have Done Due Diligence': Amazon Tells Karnataka High Court In Ravi Belagere Novel Piracy Case
Amazon on Thursday told the Karnataka High Court that it is entitled to the safe-harbour protection available to intermediaries under Section 79 of the Information Technology Act, 2000, in a case concerning the alleged sale of pirated copies of late journalist Ravi Belagere's novel Heli Hogu Kaarana on its platform.Senior Advocate Sandesh J. Chouta, appearing for Amazon, submitted that...
24-Hour Clock For Production Runs From Formal Arrest Where Pre-Arrest Detention Is Statutorily Authorised: Kerala High Court Issues Guidelines
The Kerala High Court has issued a slew of guidelines that must be followed upon the arrest of persons in order to safeguard their constitutional and statutory rights. [2026 LiveLaw (Ker) 463]Dr. Justice Kauser Edappagath, while considering a batch of bail applications, further clarified that an accused has to be produced before the Magistrate only within 24 hours of formal arrest, and not...
Body Found In Pieces Doesn't Establish Self-Inflicted Injury Or Other Exceptions To Deny Railway Compensation: Allahabad High Court
The Allahabad High Court has held that the recovery of a passenger's body in several pieces cannot by itself lead to the conclusion that the death fell within the exceptions to Section 124-A of the Railways Act, 1989. It held that the Railways must establish those exceptions by leading cogent and substantial evidence.Section 123(c)(2) of the Act defines 'untoward incident' to include...
SC/ST Act | Eyewitness To Caste Abuse Must Be Independent And Impartial: AP High Court
The Andhra Pradesh High Court has held that while examining an allegation of caste-based abuse under the SC/ST Act, the requirement of “public view” must be considered in the context of whether the alleged eyewitnesses were independent and impartial. [2026 LiveLaw (AP) 201]The Court accordingly quashed the criminal proceedings against a Sub-Inspector and a Constable arising from a...
26-Month Delay In SC/ST Act Probe: Rajasthan High Court Seeks Explanation From Former IOs, Supervisory Authorities
While considering a delay of almost 2 years in completion of investigation in a case under the SC/ST Act, Rajasthan High Court directed filing of affidavits by all the former investigating officers, explaining the reason behind failure to adhere to the 60 days' time-line as per the Act. The bench of Justice Shubha Mehta further directed the concerned authorities referred to under Rule 7(3) of...
Acquittal Under Section 498A IPC Does Not Bar Proceedings Under Domestic Violence Act: Chhattisgarh High Court
The Chhattisgarh High Court has held that Section 498A IPC and Section 12 of the Protection of Women from Domestic Violence Act, 2005 operate in different fields and serve distinct objects. The Court observed that acquittal under Section 498A IPC does not prohibit or restrict a complainant from filing a complaint under Section 12 of the Domestic Violence Act. [2026 LiveLaw (Chh)...
