Mere Threats Don't Constitute Criminal Intimidation Without Intent To Cause Alarm: Gujarat High Court Quashes FIR

The Gujarat High Court has held that merely threatening without an intention to cause alarm to the complainant would not constitute offence of criminal intimidation. [2026 LiveLaw (Guj) 225]In doing so the court held that to invoke this offence the complainant must establish that the accused had an intention to cause alarm to him. The petitioners had sought quashing of an FIR under IPC Sections 409(Criminal breach of trust by public servant, or by banker, merchant or agent), 504(Intentional...

Insistence On Prior Complaint Or Documentary Proof Of Injury To Establish Matrimonial Cruelty “Absurd”: Jharkhand High Court

The Jharkhand High Court has observed that insisting on a prior police complaint regarding assault and torture, or documentary proof of injuries, to establish matrimonial cruelty is “absolutely absurd and unwarranted”.A Single Judge Bench of Justice Pradeep Kumar Srivastava made the observation while setting aside an appellate court's decision acquitting a husband of the offence under Section 498A of the Indian Penal Code. The High Court restored his conviction and sentence imposed by the trial...

Holding Ambedkar Jayanti Meeting In School Was Not Attempt To Unduly Influence Lok Sabha Polls: Jharkhand High Court Quashes Case

The Jharkhand High Court has held that merely organising a meeting in a school hall to celebrate Ambedkar Jayanti does not amount to undue influence at an election under Section 171F of the IPC.A Single Judge Bench of Justice Anil Kumar Choudhary quashed criminal proceedings against two persons who were booked over a meeting held during the 2024 Lok Sabha elections.The first petitioner was the principal of Saraswati Shishu Vidya Mandir. The allegation was that he organised a meeting in the...

Mere Protesting Or Using Bad Language Does Not Constitute Obstruction Of Public Servant: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that mere protest or use of intemperate language against a public servant, in the absence of any overt act that actually obstructs the discharge of official duties, does not constitute an offence under Section 186 of the Indian Penal Code (IPC). The Court observed that while “obstruction” need not necessarily be physical, the prosecution must establish an act involving force, threat, or an actual effect of preventing the public servant from carrying out...

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 medical professionals while acting as expert witnesses before court in POCSO cases [2026 LiveLaw (Mad) 402] ...

Employer Cannot Constitute Its Own Appellate Authority Under POSH Act: Bombay High Court

The Bombay High Court has held that Section 18 of the POSH Act read with Rule 11 of the POSH Rules does not confer any authority or jurisdiction on an employer to create or constitute an Appellate Authority. The Court further cautioned that public institutions must be cautious in interpreting, as a misconceived interpretation can lead to a chaotic situation. A Division Bench comprising Justice...

Witness Attesting Allegedly Fraudulent Document Not Criminally Liable Without Specific Allegations: AP High Court

The Andhra Pradesh High Court held that mere attestation of an allegedly fraudulent document, without any specific allegation attributing an active role to the attesting witnesses in the alleged offence, cannot by itself make them criminally liable. [2026 LiveLaw (AP) 195]The Court accordingly quashed the criminal proceedings against two accused who had been implicated solely on the ground that they had attested a disputed Gift Deed.A Single Judge Bench of Justice Tuhin Kumar...

Mere Assault On Woman Without Specific Overt Act Towards Commission Of Rape, Is Not Attempt To Rape: Jharkhand High Court

The Jharkhand High Court has held that an assault on a woman, in the absence of any specific overt act towards the commission of rape, would not by itself constitute an attempt to rape.A Single Judge Bench of Justice Pradeep Kumar Srivastava altered the conviction of a man from attempt to rape under Sections 376/511 of the Indian Penal Code to the offence of outraging the modesty of a woman...

Right To Marry Human Right, Post-Divorce Marriage Valid When Appeal Was Dismissed For Default: Madras High Court

The Madras High Court recently held that a re-marriage that took place post-divorce was valid when the appeal against the order of divorce was dismissed for default. [2026 LiveLaw (Mad) 400]. The bench of Justice GR Swaminathan and Justice MD Sumathi noted that when there was no stay on the divorce order, the status of the woman was that of a “divorced woman” and she was thus...

'No Action Against Consensual Sex Work': Chhattisgarh High Court Quashes Immoral Trafficking Case Against Sex Worker

The Chhattisgarh High Court has held that where it is clear that the sex worker is an adult and is participating with consent, the police must refrain from interfering or taking any criminal action. The Court observed that continuation of the criminal proceedings based on such a basis would amount to subjecting a woman to the very harassment against which the Supreme Court had issued...

Common Intention | S.34 IPC Attracted Where Co-Accused's Participation Has 'Functional Relationship' With Offence: Allahabad High Court

The Allahabad High Court has observed that to attract 'common intention' liability under Section 34 IPC, the participation of a co-accused must have a "functional relationship with the offense in question".The bench clarified that the mere fact that several persons participated in the same occurrence does not make each of them liable for every offence committed during it. A Bench of Justice...

Supreme Court Stays PMLA Trial Against J&K Officer

The Supreme Court has stayed the proceedings before the Special Court (Srinagar) under the Prevention of Money Laundering Act, 2002 (PMLA) against Tariq Ahmad Ganaie, after the petitioner raised the lack of prior sanction as required under Section 197 of the Code of Criminal Procedure, 1973 (CrPC, now Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The provision mandates...