Criminal Law
Giving Inadequate Grounds Doesn't Automatically Vitiate Arrest Unless Accused Is Prejudiced: Orissa High Court Cites 'Sonam Raghuvanshi' Case
The Orissa High Court has held that the police furnishing inadequate grounds of arrest to the arrestee may not always vitiate the arrest, and it is vitiated only when such communication of inadequate grounds causes prejudice to the arrestee. [2026 LiveLaw (Ori) 85]While explaining the difference between “non-communication of reasons of arrest” and “inadequate communication of reasons...
Bombay High Court Quashes Externment Of SDPI Worker For Merely Protesting Babri Masjid Demolition, Opposing Central Govt Decisions
In a significant order, the Bombay High Court quashed and set aside externment order passed against a leader of the Socialist Democratic Party of India (SDPI), who was ousted from the city for participating in various agitations protesting the decisions of the Central Government and also for sloganeering against the demolition of Babri Masjid. Single-judge Justice Madhav Jamdar noted that...
Doctor Conducting Sonography Without Knowledge Of Offence Not Liable Under POCSO Act For Failure To Report: Chhattisgarh High Court
The Chhattisgarh High Court has held that a medical practitioner cannot be prosecuted under Section 21 of the Protection of Children from Sexual Offences (POCSO) Act merely for conducting a diagnostic sonography, unless there is prima facie material to show that the doctor had knowledge of, or apprehended, the commission of a POCSO offence. The Court observed that the statutory duty to...
Karnataka High Court Questions Wife's 498A FIR Over Allegation She Was Denied Nutritious Food, Suffered Hair Loss
Observing that not every family grievance can be elevated to the offence of cruelty under Section 498A of the Indian Penal Code, the Karnataka High Court on Tuesday [July 27] questioned whether allegations against husband and in-laws to the effect that they deprived the complainant-wife of nutritious food causing her hair fall, would constitute cruelty under Section 498 A IPC.The single...
AP High Court Commutes Death Penalty Of Murder Convicts, Says 'Rarest Of Rare' Test Not Met If Accused Amenable To Reform
The Andhra Pradesh High Court has held that capital punishment cannot be imposed unless the case falls within the "rarest of rare" category and the court is satisfied that the possibility of reform and rehabilitation of the accused is unquestionably foreclosed. [2026 LiveLaw (AP) 162]Commuting the death sentence awarded to two convicts to rigorous imprisonment for life without remission,...
Mere Non-Registration Of Vehicle Can't Deny Interim Custody To Owner Not Accused In NDPS Case: Rajasthan High Court
The Rajasthan High Court has held that mere non-registration of a vehicle cannot be a ground to deny interim custody to its owner if he is not an accused in the concerned NDPS case.The bench of Justice Anoop Kumar Dhand ordered release of an unregistered vehicle seized by the police in an NDPS case, subject to the condition that the owner gets it registered within 30 days and does not ply it...
Parents Not Liable For Contraband Allegedly Kept By Adult Child At Their House: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that parents cannot automatically be held liable for contraband allegedly kept by their adult child merely because it was recovered from the parents' house. Justice Sandeep Sharma remarked that: “Investigating Agency, after having noticed name of the co-accused Pratibha @ Preeti on envelope containing contraband, had already arrived at conclusion...
Father Taking Away His Own Minor Child From Mother's Custody Doesn't Constitute Kidnapping: Jharkhand High Court
The Jharkhand High Court has held that a father, being the natural guardian of his minor child, cannot be prosecuted for kidnapping under Section 363 of the Indian Penal Code merely for taking away his own son from the custody of his wife. The Court observed that the essential ingredients of the offence are not satisfied where the accused himself is the child's natural guardian.A Single...
Chhattisgarh High Court Awards ₹25,000 Compensation For Illegal Detention After Man Kept In Jail Despite Furnishing Court-Ordered Bail Bond
The Chhattisgarh High Court has awarded ₹25,000 as compensation to a man whose right to life and personal liberty under Article 21 of the Constitution was violated after he was kept in judicial custody despite furnishing the bail bond directed by the Executive Magistrate. The Court observed that a person arrested merely on suspicion, against whom no cognizable or non-bailable offence is...
Bombay High Court Issues Notice On Raj Kundra's Plea Challenging Summons In ED's 'Bitcoins' Case
The Bombay High Court on Tuesday (July 28) issued notice to the Enforcement Directorate (ED) on a plea filed by husband of Bollywood actor Shilpa Shetty and businessman Raj Kundra, who has challenged a special court's order taking cognisance of a supplementary chargesheet naming him in a Bitcoin-linked money laundering case. Single-judge Justice Ashwin Bhobe issued notice to the ED and...
Evidence Act | Section 27 Recoveries Alone Can't Sustain Conviction : Supreme Court Restores Acquittal In 1988 Murder Case
The Supreme Court on Tuesday (July 28) restored the acquittal of six men in a 1988 murder case, observing that recovery made under Section 27 of the Indian Evidence Act, 1872 (now Section 23 BSA) cannot, by itself, form the basis of a conviction unless the recovered material is clearly connected with the offence through independent evidence. A bench of Justice JB Pardiwala and Justice K...