MINOR ACTS
FIR Against Farmers Protesting Bidadi Land Acquisition 'Shrouded With Suspicion': Karnataka High Court Stays Probe
The Karnataka High Court on Monday (August 24) stayed all further investigation in a case registered against six farmers who allegedly protested against land acquisition survey operations in Bidadi, Ramanagara district, observing that the registration of the crime was “shrouded with suspicion.”Justice M. Nagaprasanna was hearing a petition filed by six farmers from Mandalahalli,...
'Disheartening': Allahabad High Court Laments Lapses In POCSO Case As 8 Y/O Victim Shuttled Between Hospitals, Evidence Mishandled
The Allahabad High Court (Lucknow Bench) last week expressed serious concern over multiple lapses in the medical examination and preservation of forensic evidence concerning an 8-year-old POCSO victim. The Court described the situation as "deeply disheartening" as it remarked that the lapses represented a “serious failure” in handling vital evidence involving a minor victim. The...
Presumption Of Innocence Not Lost Under POCSO Act: Patna High Court Acquits Man Sentenced To 20 Years
The Patna High Court has acquitted a man sentenced to 20 years' imprisonment under the Protection of Children from Sexual Offences Act, holding that the presumptions under Sections 29 and 30 of the Act cannot sustain a conviction when the prosecution has failed to establish the basic foundational facts of the offence.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Ramesh...
S.73(e) Of Bihar Excise Act Is Not Mandatory, Uses 'May' Instead Of 'Shall': Patna High Court Declines To Interfere In Liquour Seizure
The Patna High Court has held that Section 73(e) of the Bihar Prohibition and Excise Act, 2016 is not mandatory, noting that the legislature has used the word “may” and not “shall” in the provision.A Single Judge Bench of Justice Praveen Kumar made the observation while refusing to interfere with an order taking cognizance against a man for offences under Section 273 of the Indian...
'Protectors Have Become Violators': HP High Court Upholds Dismissal Of Police Constables Convicted Under NDPS Act
The Himachal Pradesh High Court has upheld the dismissal of two police constables convicted of offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), observing that the involvement of police personnel in NDPS offences was a serious matter. The Court held that, in the circumstances of the case, the dismissal of the constables was neither grossly excessive...
POCSO Misuse | Allahabad High Court Flags Use Of Forged School Certificates To Show Victims As Minors, Seeks UP Govt Guidelines
The Allahabad High Court recently flagged what it described as the "clear misuse of the POCSO Act" by the parents of the victims who submit forged school certificates to show the victims as below 18 years of age.The Court noted that this practice results in the false implication of several young boys who find it difficult to obtain bail and are easily convicted in view of the presumption...
Accused On Bail Shown As In Jail, Gang Chart Approved Without Joint Meeting: Allahabad High Court Quashes UP Gangsters Act FIR
The Allahabad High Court recently quashed an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, after noting that the mandatory joint meeting was not held and incorrect entries were made showing accused persons as being in jail despite the fact that they had been granted bail. A Bench of Justice JJ Munir and Justice Tarun Saxena thus allowed...
Contradictory Doctor Testimony In POCSO Case Prompts Madras High Court To Order Guidelines For Medical Witnesses
After taking note of contradictory testimony of a Doctor in a POCSO case, the Madras High Court recently directed the Secretary to Government, Health and Family Welfare Department and the Director of Medical Education to issue a comprehensive circular/guideline to all Government Medical Colleges, Government Hospitals, etc, detaling the duties and responsibilities of Government...
Employer Cannot Constitute Its Own Appellate Authority Under POSH Act: Bombay High Court
The Bombay High Court has held that Section 18 of the POSH Act read with Rule 11 of the POSH Rules does not confer any authority or jurisdiction on an employer to create or constitute an Appellate Authority. The Court further cautioned that public institutions must be cautious in interpreting, as a misconceived interpretation can lead to a chaotic situation. A Division Bench comprising Justice...
Right To Marry Human Right, Post-Divorce Marriage Valid When Appeal Was Dismissed For Default: Madras High Court
The Madras High Court recently held that a re-marriage that took place post-divorce was valid when the appeal against the order of divorce was dismissed for default. [2026 LiveLaw (Mad) 400]. The bench of Justice GR Swaminathan and Justice MD Sumathi noted that when there was no stay on the divorce order, the status of the woman was that of a “divorced woman” and she was thus...
'No Action Against Consensual Sex Work': Chhattisgarh High Court Quashes Immoral Trafficking Case Against Sex Worker
The Chhattisgarh High Court has held that where it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action. The Court observed that continuation of the criminal proceedings based on such a basis would amount to subjecting a woman to the very harassment against which the Supreme Court had issued...
Madras High Court Flags Systemic Gaps In POCSO Act Implementation, Including FIRs Against Minor Boys In Consensual Relationships
The Madras High Court has directed the Chief Secretary of Tamil Nadu to constitute committees comprising Secretaries from various departments to address the systematic gaps in the implementation of the Protection of Children from Sexual Offences (POCSO) Act in the State. The bench of Justice GR Swaminathan and Justice V Lakshminarayanan noted that there were correctional...












