BNSS/CRPC
Habeas Corpus Plea Not Maintainable Against Arrest & Remand Order Once Cognizance Taken; Accused Must Seek Regular Bail: Allahabad HC
In a significant verdict passed last week, the Allahabad High Court has held that once a competent Court takes cognizance on the charge sheet, an accused cannot maintain a habeas corpus petition challenging the legality of his arrest or the initial remand order passed under Section 167(2) CrPC/187(2) BNSS. A bench of Justice Siddharth and Justice Vinai Kumar Dwivedi reasoned that...
Conviction Can't Be Based On Evidence Recorded Prior To Summoning Accused U/S 319 CrPC: Allahabad High Court
The Allahabad High Court recently held that evidence recorded in the absence of an accused person, which is relied upon to summon him under Section 319 CrPC, cannot later form the basis of his conviction.A bench of Justice Rajesh Singh Chauhan and Justice Subhash Vidyarthi observed thus while acquitting a murder accused in connection with a 2008 case.The trial court had convicted the...
Adarsh Cooperative Society 'Scam': Rajasthan High Court Revokes Default Bail Granted To Co-Accused On Ground Of Incomplete Charge Sheet
Rajasthan High Court cancelled the default bail granted under Section 167 (2) CrPC, to one of the co-accused, Rajeev Kumar Rana, under IPC, Prize Chits and Money Circulation Scheme (Banning) Act, and IT Act (2000), in an alleged Rs. 9238 Crores Loan scam case. The accused has been asked to surrender within 4 weeks. The State moved the high court seeking cancellation of bail granted by the...
Presence Of Police Officer During Recording Of Section 164 CrPC Confession Renders It Inadmissible: Gauhati High Court
The Gauhati High Court has held that confessions recorded by a Judicial Magistrate under Section 164 CrPC in the presence of a police officer cannot be said to be voluntary and cannot be relied upon as substantive admissible evidence for recording conviction against the accused.A Division Bench of Justice Michael Zothankhuma and Justice Sanjeev Kumar Sharma observed, “In the present case,...
Yogesh Goudar Murder: CBI Opposes In Karnataka HC Suspension Of Convicted Ex-Cop's Sentence, Says S.389(3) CrPC Doesn't Apply Once Appeal Filed
The Central Bureau of Investigation (CBI) on Tuesday (May 26) opposed the suspension of sentence sought by former police inspector Channakeshava B. Tingarikar, convicted for manipulating evidence and protecting the real perpetrators in the Yogesh Goudar murder case.Arguing before the Karnataka High Court, CBI submitted that the relief of bail under Section 389(3) CrPC applies only at the...
Ill-Treatment In Matrimonial Home Justifies Separate Residence Of Wife, Even If Husband Not Personally Guilty: Bombay HC Grants Maintenance
Torture or ill-treatment of the wife in her husband's house, or even when a wife cannot reasonably hope that she can live with dignity at her husband's house are some sufficient grounds for a wife to refuse to live with her husband and seek maintenance under section 125 of the Criminal Procedure Code (CrPC), the Bombay High Court held recently.Sitting at the Nagpur seat, single-judge...
Appellate Court Reversing Acquittal Must Itself Hear Convict On Sentence, Cannot Remand To Trial Court For Sentence Alone : Supreme Court
The Supreme Court on Tuesday (May 26) held that if an Appellate Court, while hearing an appeal against an acquittal, finds the accused guilty, then it cannot relegate the matter to the trial court for imposing the sentence. The Appellate Court itself has to hear the convict on sentence. “It can be seen from Section 386(a), Cr.P.C., that where in an appeal from an order of acquittal, the...
S.125 CrPC | Husband's Detention For Failure To Pay Maintenance Can't Become Indefinite Punitive Imprisonment: MP High Court
The Madhya Pradesh High Court has held that imprisonment in maintenance execution proceedings is merely a coercive mechanism intended to secure compliance and cannot be converted into indefinite punitive detention. The bench of Justice Himanshu Joshi ordered the release of a labourer who had remained incarcerated since October 2025 for non-payment of maintenance arrears to his wife and...
Superior Police Officer Can Order Further Investigation Before Filing Of Charge-Sheet: Rajasthan High Court
The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of...
"Can't Sail In Two Boats": Rajasthan High Court Rejects Parallel Challenge To Cognizance And Framing Of Charges
The Rajasthan High Court has held that even though multiple remedies might exist with a litigant, once selection was made regarding the remedy to be pursued, that operated as a bar on simultaneous initiation of a parallel remedy.The bench of Justice Anoop Kumar Dhand opined that the aggrieved party could not be allowed to “sail in two boats” by availing parallel remedies for common...
CrPC | Accused Has Absolute Right To Use Section 161 Statements To Contradict Witnesses During Cross-Examination: Kerala High Court
The Kerala High Court, in a recent judgment, clarified that an accused has an absolute right to use the previous statements given by the witnesses to the investigating officer under Section 161 Cr.P.C. for the purpose of shaking the veracity of their evidence and making it untrustworthy.Justice A. Badharudeen held:“it is the absolute right of the accused to use previous statements...