Criminal Law
Promise To Marry Doesn't Ordinarily Vitiate Consent If Both Parties Know Woman Is Already Married: Rajasthan High Court
While setting aside charges framed against a man for offences including repeated rape under Section 376(2)(n) IPC, the Rajasthan High Court held that where both parties are conscious that the prosecutrix's first marriage is subsisting, it would ordinarily be difficult to conclude that she was induced into a physical relationship solely on the promise of marriage.The bench of Justice...
S.125 CrPC | Woman Can't Claim Maintenance As Live-In Partner Without Pleading Or Proving Such Relationship: Allahabad High Court
The Allahabad High Court has held that a woman seeking maintenance under Section 125 Cr.P.C. cannot invoke the protection extended to live-in partners where she has neither pleaded such a relationship nor established that a marriage took place. It held that this is all the more so where the man has categorically denied having any relationship with her.Justice Lakshmi Kant Shukla...
Larger Conspiracy Uncovered During Probe Justifies Registration Of Second FIR: Rajasthan High Court
The Rajasthan High Court has held that merely because the material leading to registration of a subsequent FIR surfaced during the investigation of an earlier FIR, the later FIR does not become impermissible. [2026 LiveLaw (Raj) 308]While dismissing a quashing petition, Justice Baljinder Singh Sandhu observed that where subsequent information discloses a distinct incident, a separate...
Supreme Court Upholds Constitutionality Of Sentences Of Imprisonment For Remainder Of Natural Life Without Remission
The Supreme Court has upheld the constitutional validity of sentences directing imprisonment for the remainder of a convict's natural life, dismissing a batch of writ petitions that challenged such punishments as unconstitutional and contrary to the statutory remission framework.A Bench of Justice Sanjay Karol and Justice Augustine George Masih rejected petitions filed by four sets of...
Madras High Court Issues Directions To State, Judiciary For Speedy Trial Of Rape & POCSO Cases
The Madras High Court has issued a slew of directions to the State Government and the State judiciary for speeding up the investigation and trial of cases of crimes against women and children. [2026 LiveLaw (Mad) 350] The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan stressed the need to follow the time limit prescribed for completing trial and witness...
Mother Who Dismissed Complaints, Let Accused Stay At Home "Intentionally Aids" POCSO Offence By Illegal Omission: Delhi High Court
The Delhi High Court has held that a mother who dismisses her children's complaints of sexual abuse and continues to allow the accused to reside in the house "intentionally aids" the offence by illegal omission under Section 16(iii) of the Protection of Children from Sexual Offences (POCSO) Act. [2026 LiveLaw (Del) 706]Section 16(iii) provides that a person abets an offence under the...
NHAI Not A Necessary Party In Motor Accident Compensation Proceedings: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the National Highways Authority of India (NHAI) and its road contractor are neither necessary nor proper parties in proceedings before a Motor Accident Claims Tribunal (MACT), as the Tribunal is empowered under Section 168 of the Motor Vehicles Act to pass an award only against the insurer, owner or driver of the offending vehicle. The Court...
Cryptic Phone Calls, Wireless Messages To Police About Crime Don't By Themselves Constitute FIR: Madras High Court
The Madras High Court recently held that any information received by the police with respect to a crime would not automatically amount to a first information statement or a first information report unless such information meets the statutory requirements of Section 154 of CrPC. [2026 LiveLaw (Mad) 349] The bench of Justice Anand Venkatesh and Justice KK Ramakrishnan observed that in...
Factory Safety Violations Covered Under Factories Act Can't Attract Parallel Prosecution Under S.304-A IPC: AP High Court
The Andhra Pradesh High Court has held that when the allegations against factory officials relate entirely to violation of safety measures governed by the Factories Act, 1948, they cannot simultaneously be prosecuted under Section 304-A of the Indian Penal Code for the same incident. [2026 LiveLaw (AP) 164]Allowing a criminal petition filed by the factory Supervisor (A1) and Occupier...
Cheque Dishonoured As 'Old Cheque' After Bank Merger Can Still Attract Section 138 NI Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has refused to quash a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act merely because the cheque was returned with the endorsement "88–Old Cheque" following the merger of Oriental Bank of Commerce with Punjab National Bank. The Court held that the expression "insufficient funds" under Section 138 is not to be construed narrowly...
Medical Negligence Case Requires Prima Facie Proof Of Gross Negligence Supported By Medical Opinion: Patna High Court
The Patna High Court has held that criminal prosecution against a doctor for alleged medical negligence cannot continue in the absence of prima facie material disclosing gross negligence supported by competent medical opinion. The Court observed that permitting such prosecution would cause manifest injustice and undermine the distinction between civil liability and criminal culpability.A...