BNSS/CRPC
Proclaimed Offender Not Entitled To Anticipatory Bail Unless 'Rare & Exceptional' Case Made Out: Allahabad High Court
The Allahabad High Court on Tuesday reiterated that an accused who has been declared a proclaimed offender after deliberately evading court and investigation is ordinarily not entitled to the extraordinary relief of anticipatory bail. "…the law is discernible on the point that as per normal rule, anticipatory bail cannot be granted to an accused who is absconding or concealing...
'Priest Who Conducted Ceremony Need Not Be Examined To Prove Marriage': Calcutta High Court Sets Aside Acquittal In Bigamy Case
The Calcutta High Court has held that insisting on the examination of the priest who conducted the second day's marriage ceremonies to prove a Hindu marriage stretches the standard of proof "beyond rational, logical and legal limits." Setting aside a 30-year-old acquittal in a bigamy case, the Court observed that once several witnesses consistently testify to the marriage and...
Calcutta High Court Refuses To Quash Dowry Case, Says Woman Can File Complaint From Parent's Home If Cruelty Persists
The Calcutta High Court has refused to quash criminal proceedings against a husband and his family members in a dowry harassment and matrimonial cruelty case, holding that a woman who leaves her matrimonial home can initiate proceedings from the place where she takes shelter if the effects of cruelty continue there. The Court further held that withdrawal of proceedings under the Protection...
'Plea Of Alibi' Must Be Proved In Trial, IO Cannot Unilaterally Accept It To Be True To File Final Report: Allahabad High Court
The Allahabad High Court has explicitly ruled that an accused's “plea of alibi” must be proved by leading evidence during a criminal trial and the Investigating Officer (IO) cannot unilaterally accept it to be true to file a Final Report. A bench of Justice Vivek Kumar Singh held that it would be "gross illegality” if the IO files a final report relying on the statements...
Custodial Assault To Extract Confession Not Official Duty, No Prior Sanction Needed To Prosecute Police Officers: Bombay High Court
Assaulting a suspect for a confessional statement would never be an act in discharge of official duty of any police officer, held the Bombay High Court while refusing to discharge three policeman, who had allegedly assaulted a man— forcing him to confess to a murder offence. [2026 LiveLaw (Bom) 319]Sitting at the Kolhapur bench, single-judge Justice Sandesh Patil noted that in the instant...
Magistrate Must Disclose 'Substance Of Information' While Issuing S.126 BNSS Notice To Execute Bond For Keeping Peace: Orissa High Court
The Orissa High Court has ruled that an Executive Magistrate is duty-bound to disclose the 'substance of information' received by him while issuing show-cause notice to a person to explain why he should not be ordered to execute a bond or bail bond for keeping peace under Section 126 BNSS. [2026 LiveLaw (Ori) 76]As per Section 126 BNSS when an Executive Magistrate receives information that...
Political Criticism On Social Media Without Coercion Or Interference With Voting Not 'Undue Influence': Telangana High Court
The Telangana High Court has quashed criminal proceedings against a government school teacher accused of violating the Model Code of Conduct by posting derogatory comments against a political candidate on Facebook during the 2023 Assembly elections. [2026 LiveLaw (Tel) 100] The Court held that mere political criticism or offensive social media posts, in the absence of coercion, intimidation...
Trial Court Not Bound To Incorporate Questions Suggested By Prosecution Or Accused Under Section 313(5) CrPC: Orissa High Court
The Orissa High Court has held that it is not mandatory, rather discretionary for a trial Court to seek help of prosecution and defence for preparing relevant questions which are to be put to the accused under Section 313(1) of the Code of Criminal Procedure, 1973 (CrPC) for eliciting his explanation to the inculpatory circumstances appearing against him in the evidence. [2026 LiveLaw...
Seashore Chit Fund Scam: Orissa High Court Refuses To Quash Proceedings Against Ex-BJD MLA Pravat Ranjan Biswal
The Orissa High Court has declined to quash the impending criminal prosecution against the Biju Janata Dal's (BJD) former Member of Legislative Assembly (MLA) from the Cuttack-Choudwar constituency Pravat Ranjan Biswal for his alleged links with the Seashore Group of Companies. [2026 LiveLaw (Ori) 75]For context, the Seashore Group of Companies floated a major ponzi scheme which duped...
S. 437(6) CrPC Doesn't Grant Indefeasible Right To Bail: Allahabad High Court Refuses Relief To Man Accused Of Harbouring ISI Agent
Incarcerated since 2015, the accused allegedly harboured a Pakistani ISI agent for 20 months and facilitated the transmission of classified Indian military data to Pakistan. The trial remains pending at the evidence stage, with not a single prosecution witness examined so far.
S. 311 CrPC | Court Can't Refuse To Examine Witness Merely Because He Is A 'Surrendered Maoist': Orissa High Court
The Orissa High Court has held that a trial Court cannot decline to summon a witness, under Section 311 of the Code of Criminal Procedure, 1973 (CrPC), to examine and record his testimony merely on the ground that he has previously been a Maoist. [2026 LiveLaw (Ori) 72]While setting aside the trial Court order denying to summon a surrendered Maoist as a witness, the Bench Dr. Justice...