Criminal Law
'Was Aged Only 25 Yrs, Reformation Possible' : Supreme Court Reduces Life Term Of Gang Rape Convict To 20 Yrs
The Supreme Court on Monday (July 20) modified the sentence of a life convict in a gang rape case to a minimum sentence of twenty years, after noting that the convict is young, has no criminal antecedents, and there's a possibility of reformation. “When a sentence is imposed on an offender, it is done so with trifold purpose i.e. punitive, deterrent and protective. The overall objective is...
AP High Court Quashes FIR Against Hotel Employee In ₹50.93 Lakh Misappropriation Case, Finds No Prima Case Or Specific Role
The Andhra Pradesh High Court quashed criminal proceedings against a hotel employee accused in a Rs. 50.93 lakh misappropriation case, holding that in the absence of any specific allegation or prima facie material connecting him with the alleged offences making him face trial would amount to an abuse of the process of law. [2026 LiveLaw (AP) 136]Section 408 IPC deals with criminal breach...
Hearing Accused At Pre-Cognizance Stage Mandatory Under BNSS For Offences Under SEBI Act: Bombay High Court
The Bombay High Court has held that the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandating an opportunity of hearing to the accused before taking cognizance of a complaint applies to prosecutions under the Securities and Exchange Board of India Act, 1992. The Court observed that the Special Court could not take cognizance of an offence under the SEBI...
NI Court, Commercial Court Proceedings Stand On Equal Footing; Accused Entitled To Original Records For Defence: Rajasthan High Court
The Rajasthan High Court has held that proceedings before a Court established under the Negotiable Instruments Act and a Commercial Court stand on an equal footing, and an accused cannot be denied access to original records necessary for his defence merely because they have been summoned in parallel proceedings. The bench of Justice Baljinder Singh Sandhu observed that the right to a fair...
FSL Reports Must Disclose Scientific Data, Reasons : Allahabad High Court Recommends Forensic Reforms, Acquits Murder Accused
The Allahabad High Court has held that Forensic Science Laboratory (FSL) reports must disclose specific reasons and scientific data. It added that a report merely recording a conclusion without detailing the tests conducted or the criteria used is inadmissible in evidence. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant made these significant observations while recommending...
Omission Of S.34 IPC In Judgment Not Fatal Where Common Intention Is Established: Allahabad High Court Upholds Murder Conviction
The Allahabad High Court has observed that the omission of Section 34 IPC in the operative portion of a judgment is not fatal to a case if the prosecution has successfully established the common intention. A bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II clarified that Section 34 IPC is not a substantive offence and does not create an offence by itself; instead, it is merely a...
Can Accused Claim Acquittal In Rape Case Solely Due To Absence Of DNA Evidence? MP High Court Answers
The Madhya Pradesh High Court has clarified that a rape accused cannot claim acquittal in cases merely because the DNA report has not been proved, if the facts otherwise establish the guilt of the accused. [2026 LiveLaw (MP) 285]The division bench of Justice GS Ahluwalia and Justice Anuradha Shukla observed:"Although it is argued that the DNA report has not been proved by prosecution, but...
JJ Act | Media Can't Publish Identity Of Child Victim On Ground That It Was Done In Child's Interest: Karnataka High Court
The Karnataka High Court has recently dismissed a criminal petition filed by a journalist and an editor of a Newspaper Daily, accused of publishing a news report disclosing the identity of a child victim of assault. 2026 LiveLaw (Kar) 257The single judge bench of Justice Anant Ramanath Hegde upheld the ongoing prosecution under Section 74(1) of the Juvenile Justice (Care and Protection...
Passenger's Failure To Take Precaution Subordinate To Public Bus Operator's Duty Of Care: AP High Court Enhances Accident Compensation
The Andhra Pradesh High Court has observed that a public transport operator's duty of care outweighs a passenger's failure to exercise caution. [2026 LiveLaw (AP) 131]It thus enhanced the compensation payable to the family of a man who died after being run over by an APSRTC bus— from Rs. 3.85 lakh to Rs. 8.40 lakh. A Single Judge Bench of Justice A. Hari Haranadha Sarma dismissed...
How Can Dead Witness's Testimony Be Used Against Accused Who Absconded? Supreme Court Explains S.299 CrPC
The Supreme Court has clarified that the earlier testimony of a witness who has since died can be used against an accused who had absconded during the original trial, provided the conditions under Section 299 of the Code of Criminal Procedure, 1973 (CrPC) are satisfied.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that Section 299 CrPC is an exception to the general rule...
Chhattisgarh High Court Increases Accident Compensation By ₹37 Lakh, Says Victim's IT Returns Cannot Be Discarded During Calculation
The Chhattisgarh High Court has held that Income Tax Returns, once duly produced and exhibited, constitute relevant documentary evidence for determining the income of a deceased while assessing compensation under the Motor Vehicles Act. The Court held that such returns cannot be discarded merely on the ground that the income disclosed therein is based on estimation. [2026 LiveLaw (Chh)...
Calcutta High Court Grants Bail To Woman Accused In High-Value NDPS Case, Cites Advanced Stage Of Pregnancy
The Calcutta High Court has granted interim bail to a woman accused in a high-value narcotics trafficking case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, holding that while pregnancy is not by itself a ground for bail, humanitarian considerations relating to the health of the mother and the unborn child justified her temporary release.Justice Tirthankar Ghosh passed...












