BNS/IPC
'Such Cases Clog Courts': Karnataka High Court's Prima Facie View On Lawyer's Complaint Alleging Attack By Senior Citizen's 10 Dogs
The Karnataka High Court on Wednesday (August 18) termed 'prima facie frivolous' a criminal case against a senior citizen, which had resulted in the denial of her passport renewal, over a lawyer's complaint alleging that her 10 dogs had attacked him.Observing that such cases have clogged criminal courts and prevented regular cases from proceeding, Justice M Nagaprasanna granted the complainant...
Bombay High Court Upholds Quashing Of Process Issued Against BJP's Mangal Prabhat Lodha In 2007 Cheating Case
The Bombay High Court on Monday (August 18) upheld an order passed by Magistrate in October 2008 quashing the process issued against BJP leader and Maharashtra's Cabinet Minister Mangal Prabhat Lodha in a 2007 case of alleged cheating and fraud with respect to development of certain properties in Thane district. Single-judge Justice Milind Jadhav found that the complaint filed by one...
Prior Permission U/S 83 Registration Act Not Mandatory For Prosecution, Private Complaint Maintainable: Bombay High Court
The Bombay High Court has held that prior permission under Section 83 of the Registration Act, 1908 is not mandatory for initiating proceedings under the Act. The Court observed that it is open to a private individual to file a complaint, as the language of Section 83 is permissive and not mandatory.Justice Ranjitsinha Raja Bhonsale was hearing an application under Section 482 CrPC...
'Minors Drive For Reels, Put Lives At Risk': Karnataka High Court In Father's Plea Over Deaths Allegedly Caused By 14-Yr-Old Son
Expressing concern over underage driving, the Karnataka High Court on Wednesday reserved its judgment on a criminal petition filed by a father seeking to quash the charge of culpable homicide (Section 304 Part II of IPC) against him. The petition arises from a tragic 2020 accident where the petitioner's 14-year-old son allegedly took his car and mowed down three members of a family on...
Matrimonial Offences Cannot Be Quashed Merely Due To Subsequent Divorce Or Spouses Living Separately: Rajasthan High Court
Rajasthan High Court dismissed a quashing petition filed by a husband, observing that a criminal case could not be quashed only because one of the spouses had obtained a decree of divorce and they were living separately. The bench of Justice Ashok Kumar Jain observed that it might happen that the spouses were having differences and were living separately, but a matrimonial offence required...
Stalking Woman, Sabotaging Marriage Prospects Despite Her Suicide Attempt Prima Facie Case Of Abetment: Karnataka High Court
The Karnataka High Court has held that allegations of a man persistently stalking a woman, threatening to circulate photographs of her and repeatedly sabotaging her marriage prospects, despite her refusal and an earlier suicide attempt, prima facie made out a case of abetment to suicide.The single judge bench of Justice M Nagaprasanna refused to quash criminal proceedings against the...
“Child Protection Cannot Criminalise Adolescence”: Uttarakhand High Court Quashes POCSO FIR Over Relationship Between 17 & 21-Yr-Old
The Uttarakhand High Court has observed that “treating the consensual relationship between a 17 years old and 21 years old on par with sexual assault collapses meaningful distinctions and results in manifest arbitrariness under Article 14,” thus holding that “child protection does not require criminalising adolescence.” Hence, taking into consideration the victim's age, her statement...
Rape | Section 376 IPC Not Prima Facie Attracted Where Prosecution Material Shows Subsisting Marital Relationship: Rajasthan High Court
The Rajasthan High Court has partly allowed a criminal revision petition and quashed the charge of rape framed against a man, holding that Section 376 IPC was not prima facie attracted as the prosecution material itself showed that the parties were in a subsisting marital relationship at the relevant time. [2026 LiveLaw (Raj) 339]The bench of Justice Kuldeep Mathur reached this conclusion...
Mere Official Reprimand By Superior Not Abetment Of Suicide Without Intent To Drive Subordinate To Death : Supreme Court
The Supreme Court has held that ordinary administrative directions, disciplinary supervision, adverse remarks on official performance or even stern behaviour by a superior officer cannot, by themselves, be treated as abetment of suicide under Section 306 of the Indian Penal Code (IPC), unless there is additional material showing a conscious intention to drive the subordinate to take her...
Police Cannot Register FIR On Same Allegations If They Initially Treated Complaint As 'Non-Cognizable': Chhattisgarh High Court
The Chhattisgarh High Court has held that where the police initially treated a complaint as a non-cognizable dispute, registering an FIR on the very same allegations without any fresh material indicates that the dispute has been given a criminal colour. The Court further observed that non-fulfilment of a promise or breach of contractual terms cannot attract criminal liability in the absence...
Fleeing After Friend's Drowning, Though Reprehensible Conduct, Not Per Se Suggestive Of Murder: Supreme Court
The Supreme Court has held that fleeing from the spot after witnessing a friend drown and failing to inform the deceased's family, though “reprehensible” conduct, cannot by itself be treated as an incriminating circumstance to establish murder.A bench of Justice J.B. Pardiwala and Justice K. Vinod Chandran acquitted two individuals who were convicted over the death of a deceased...
Mere Participation in Protest March Does Not Make One Part of Unlawful Assembly: HP High Court
The Himachal Pradesh High Court has held that mere participation in a protest march does not, by itself, make a person a member of an unlawful assembly under Section 149 of the IPC. The Court observed that where the petitioners, after witnessing the violence, separated themselves from the unruly mob and attempted to save the teachers being assaulted, they could not be treated as members of...












