BNSS/CRPC
S. 465 CrPC | Taking Cognizance Under Wrong Provision Curable Defect If Magistrate Otherwise Has Jurisdiction : Supreme Court
The Supreme Court on Wednesday (July 1) held that a Magistrate's error in taking cognizance of an offence under an incorrect statutory provision is a curable defect and, this mistake, by itself, does not warrant quashing the cognizance order, provided the Magistrate otherwise has the jurisdiction to deal with the matter.“The well-settled position of law is that the error in taking...
Remission Policy Issued Under Article 161 Overrides Statutory Policy Framed Under CrPC: Supreme Court
The Supreme Court on Wednesday (July 1) held that a remission policy framed by a State Government in exercise of the Governor's constitutional powers under Article 161 of the Constitution cannot be overridden by a subsequent statutory remission policy issued under Sections 432 and 433 of the Code of Criminal Procedure. Holding that Haryana's 2002 remission policy continued to remain...
No Fetter On Trial Court's Power To Alter Charges Merely Because Prosecution Moved Application U/S 216 CrPC: Jharkhand High Court
The Jharkhand High Court has held that although neither the prosecution nor the accused has a vested right to seek alteration or addition of charges under Section 216 of the Code of Criminal Procedure, the trial court's power to do so is not curtailed merely because the issue is brought to its notice through an application filed by either party. The Court observed that the power under Section...
Andhra Pradesh High Court Acquits Accused In ACB Trap Case, Says FIR Lodged After Investigation Began
The Andhra Pradesh High Court has acquitted two persons accused of bribery in a trap operation after finding that the investigating officer had conducted what the court described as a “table investigation”, holding that the FIR and crucial investigation records were prepared after the trap proceedings and not in accordance with law.[2026 LiveLaw (AP) 107]The accused no. 1 was a...
S.311 CrPC Meant To Elicit Truth, Not Favour Either Side: Rajasthan High Court Allows Summoning Of Prosecutrix's School Record In POCSO Case
While allowing an application under Section 311 CrPC at the "fag end" of a POCSO trial, the Rajasthan High Court held that the purpose of the provision is not to favour or disfavour the prosecution or the accused, but to naturally unravel the truth to exercise just decision in a case. [2026 LiveLaw (Raj) 263]Section 311 CrPC empowered the courts to summon, recall, or re-examine any witness or...
Summoning Under POCSO Act Impermissible When Allegations In Complaint Are Absent From Pre-Summoning Evidence: Uttarakhand High Court
The Uttarakhand High Court has held that an accused cannot be summoned under Section 354A IPC and Sections 11/12 of the POCSO Act merely on the basis of allegations made in the complaint when such allegations are not supported by the statements recorded under Sections 200 and 202 CrPC. The Court observed that if the ingredients of the alleged offences are absent from the statements of...
Jharkhand High Court Directs Judicial Probe Into Alleged Custodial Death In Palamu, Seeks Inquiry U/S 196(2) BNSS
The Jharkhand High Court has ordered a judicial inquiry into allegations of custodial torture leading to the death of a man in Palamu district. The Court was hearing a contempt petition alleging violation of the safeguards laid down by the Supreme Court in D.K. Basu v. State of West Bengal.A Division Bench of Justice Sujit Narayan Prasad and Justice Anubha Rawat Choudhary observed that...
Can Production Warrant Override A Subsisting 'No Coercive Action' Order? Orissa High Court Answers
The Orissa High Court has held that a 'production warrant' under Section 267 of the Code Criminal Procedure (CrPC) cannot be issued against an accused, violating an interim protection order of the higher Court, merely because he is already lodged in the judicial custody in connection with another case. [2026 LiveLaw (Ori) 65]While setting aside production warrant and subsequent police...
Absconding Accused Declared As 'Proclaimed Offender' Cannot Maintain Quashing Petition Through Power Of Attorney: Uttarakhand High Court
The Uttarakhand High Court has held that an accused who has been declared a proclaimed offender and against whom a lookout circular has been issued cannot maintain a petition under Section 482 CrPC through a power of attorney holder. The Court observed that it would not exercise its extraordinary or inherent jurisdiction in favour of an individual who is intentionally evading the process of...
Preventive Detention Under PITNDPS Act Cannot Be Invoked Without Explaining Why S.129 BNSS Proceedings Are Insufficient: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that where a person is already facing preventive proceedings under Section 129 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the detaining authority must specifically record compelling reasons demonstrating why those proceedings are inadequate to prevent the individual from engaging in activities prejudicial to public order...
Attachment Of Accused's Property U/S 107 BNSS Requires Strict Judicial Scrutiny, Cannot Be Recovery Mechanism: Calcutta High Court
The Calcutta High Court has set aside an order attaching properties belonging to a woman who was not even named as an accused in a criminal case, while issuing significant guidelines on the exercise of powers under Section 107 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Justice Ajoy Kumar Mukherjee observed that indiscriminate use of the power to attach property under Section 107...