MINOR ACTS

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)...

Wiping Minor's Tears, Holding Her Hand Without Sexual Intent Not Sexual Assault: Madras High Court
Physical contact during ordinary course of human dealings would not inherently be sexual, Court held.

Madras High Court Denies Bail To UAPA Accused, Rejects Claim That Potassium Nitrate, Sugar & Batteries Were For Agricultural And Daily Use
Prosecution said items were taken together for operating an explosive device.

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...
