Criminal Law
Call Records Can't Be Denied Solely On Victim's Privacy Grounds If Prima Facie Relevant For Fair Trial: Uttarakhand High Court
The Uttarakhand High Court has held that an application seeking production of Call Detail Records (CDRs) and tower-location details “cannot be rejected solely on the ground of the victim's right to privacy when the records are prima facie relevant for a just adjudication of the case”. Justice Alok Mahra held that while the accused's right to a fair trial and investigation under Article 21...
Men, Working Women & Professionals Who Take Care Of Family Are Also 'Home Makers': Karnataka High Court
Interpreting the term 'homemaker', the Karnataka High Court has held that even highly qualified post-graduates who render services at home are entitled to compensation for loss of future earnings if they are not working elsewhere at the relevant time. [2026 LiveLaw (Kar) 310].The Court rejected KSRTC's argument that the claimant, who holds a Master's Degree in Biotechnology and had worked as...
Calling By Caste Name Without Intent To Humiliate Doesn't Attract SC/ST Act: Allahabad High Court
The Allahabad High Court has held that the mere use of the word “Chamar”, without material showing that it was used with the intention or knowledge of insulting the victim on the ground of her caste, does not prima facie disclose the ingredients of Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and cannot sustain an...
Prior Permission U/S 83 Registration Act Not Mandatory For Prosecution, Private Complaint Maintainable: Bombay High Court
The Bombay High Court has held that prior permission under Section 83 of the Registration Act, 1908 is not mandatory for initiating proceedings under the Act. The Court observed that it is open to a private individual to file a complaint, as the language of Section 83 is permissive and not mandatory.Justice Ranjitsinha Raja Bhonsale was hearing an application under Section 482 CrPC...
Trial Court Cannot Reject Charge-Sheet Over Absconding Co-Accused: Tripura High Court
The Tripura High Court has set aside an order granting bail to an accused in an NDPS case, holding that the Trial Court erred in refusing to accept the charge-sheet merely because the investigating officer had not sought a warrant and proclamation against an absconding co-accused. The Court observed that the Trial Court's approach was “wholly illegal, unreasonable and unjustified,”...
Brothel Customer Can't Be Prosecuted Under Immoral Traffic Act: Allahabad High Court
The Allahabad High Court has held that a man who visits a brothel as a customer cannot be prosecuted under Sections 3, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956, as paying money for personal gratification is not procurement for the purpose of prostitution within the meaning of the Act. Justice Dr. Gautam Chowdhary held, “If a person visits a brothel as a customer,...
'Minors Drive For Reels, Put Lives At Risk': Karnataka High Court In Father's Plea Over Deaths Allegedly Caused By 14-Yr-Old Son
Expressing concern over underage driving, the Karnataka High Court on Wednesday reserved its judgment on a criminal petition filed by a father seeking to quash the charge of culpable homicide (Section 304 Part II of IPC) against him. The petition arises from a tragic 2020 accident where the petitioner's 14-year-old son allegedly took his car and mowed down three members of a family on...
Matrimonial Offences Cannot Be Quashed Merely Due To Subsequent Divorce Or Spouses Living Separately: Rajasthan High Court
Rajasthan High Court dismissed a quashing petition filed by a husband, observing that a criminal case could not be quashed only because one of the spouses had obtained a decree of divorce and they were living separately. The bench of Justice Ashok Kumar Jain observed that it might happen that the spouses were having differences and were living separately, but a matrimonial offence required...
Stalking Woman, Sabotaging Marriage Prospects Despite Her Suicide Attempt Prima Facie Case Of Abetment: Karnataka High Court
The Karnataka High Court has held that allegations of a man persistently stalking a woman, threatening to circulate photographs of her and repeatedly sabotaging her marriage prospects, despite her refusal and an earlier suicide attempt, prima facie made out a case of abetment to suicide.The single judge bench of Justice M Nagaprasanna refused to quash criminal proceedings against the...
“Child Protection Cannot Criminalise Adolescence”: Uttarakhand High Court Quashes POCSO FIR Over Relationship Between 17 & 21-Yr-Old
The Uttarakhand High Court has observed that “treating the consensual relationship between a 17 years old and 21 years old on par with sexual assault collapses meaningful distinctions and results in manifest arbitrariness under Article 14,” thus holding that “child protection does not require criminalising adolescence.” Hence, taking into consideration the victim's age, her statement...