Criminal Law
Police Must Strictly Comply With Arnesh Kumar Safeguards; Procedural Lapses Cannot Be Taken Lightly: Chhattisgarh High Court
The Chhattisgarh High Court has held that strict adherence to the safeguards governing arrest and remand, particularly the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar, is of paramount importance and that procedural lapses by police officials cannot be treated casually. [2026 LiveLaw (Chh) 81]The Court observed that every police officer is under a...
Refusal Of Judicial Remand Doesn't Bar Further Investigation Or Taking Cognizance: Allahabad High Court
The Allahabad High Court has held that merely because judicial remand was earlier declined would not by itself preclude the Investigating Officer from conducting further investigation or prevent the court from independently considering the police report at the stage of taking cognizance.A bench of Justice Zafeer Ahmad made the observation while dismissing a criminal appeal challenging an order...
Dismissal Of Complaint Before Cognisance Is Not Acquittal, Can Be Challenged Under Section 528 BNSS: J&K&L High Court:
The High Court of Jammu & Kashmir and Ladakh has clarified the distinction between pre-cognizance dismissal of a criminal complaint and dismissal after issuance of process, holding that only the latter attracts Section 279 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and results in an acquittal appealable under Section 419(4).The court went on to explain that where a complaint...
Writ Of Mandamus Can't Be Issued For Non-Registration Of Criminal Case, BNSS Provides Efficacious Remedy: Allahabad High Court
The Allahabad High Court has held that a writ of mandamus cannot be issued in favour of a petitioner who is unable to show a legal right in himself and a corresponding public duty cast by law upon the authority. It held that where the grievance is in substance one of non-registration of a criminal case, the petitioner has an efficacious statutory remedy under Chapter XIII of the Bharatiya...
Telangana High Court Upholds Bail Cancellation After POCSO Accused Refuses DNA Test, Says It Amounts To Non-Cooperation
The Telangana High Court has upheld the cancellation of bail granted to an accused in a POCSO case after he refused to undergo a DNA test, holding that DNA profiling is a recognised investigative tool in sexual offence cases under Section 51 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).[2026 LiveLaw (Tel) 113]The Court held that an accused cannot refuse such examination by invoking...
Caste Abuse Inside Private Office Without 'Public View' Not Offence Under SC/ST Act: Delhi High Court
The Delhi High Court has reiterated that casteist remarks allegedly made inside the office chambers, in the absence of any member of the public or an independent witness, would not attract the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. [2026 LiveLaw (Del) 680]Justice Madhu Jain observed that the requirement that the...
Amassing Disproportionate Assets Not Relatable To Discharge Of Public Functions; Sanction U/S 17A PC Act Not Needed: Gauhati High Court
The Gauhati High Court has reiterated that prior approval under Section 17A of the Prevention of Corruption Act, 1988 is not required before investigating allegations of disproportionate assets, as such allegations are not relatable to any recommendation made or decision taken by a public servant in the discharge of official functions. [2026 LiveLaw (Gau) 100] Justice Mridul Kumar Kalita...
'Last Heard' Over Phone Can't Be Treated As 'Last Seen Together' Evidence: Chhattisgarh High Court Acquits Murder Convict
The Chhattisgarh High Court has held that the circumstance of a deceased informing a person during a telephonic conversation that he was in the company of the accused constitutes, at best, a case of "last heard" and cannot be equated with the doctrine of "last seen together". The Court observed that the trial court had erroneously treated evidence of "last heard" as proof of "last...
Matrimonial Dispute Cannot Be Heard By MP/MLA Courts Just Because One Party Is A Legislator : Supreme Court's Prima Facie View
The Supreme Court has made a prima facie observation that MP/MLA courts specially designated to expedite criminal cases against the legislators lack jurisdiction to try matrimonial disputes. “We are not convinced that a matrimonial dispute can be agitated before such a special Court merely for reason of one of the parties being a legislator.”, observed a bench of Justice J.B. Pardiwala...
Children Easy Targets, Lack Words To Explain Ordeal: Gujarat High Court Denies Probation To Convicts Who Molested Teenage Girls
The Gujarat High Court has upheld the conviction of two men for outraging the modesty of two teenage girls and rejected the accused's plea for probation observing, that perpetrators with such criminal mentality specifically target children because they can be easily intimidated. [2026 LiveLaw (Guj) 202]The court also referred to the IO's report which said that on very few occasions would...