MINOR ACTS
Police Officer Can Face Disciplinary Proceedings Despite Pending Criminal Case Over Same Incident: Allahabad High Court
The Allahabad High Court has held that disciplinary proceedings against a police officer are not barred merely because an F.I.R. has been lodged over the same incident, as Paragraph 489 of the U.P. Police Regulations permits a departmental trial whether or not the officer has been tried judicially. It held that the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and...
Andhra Pradesh Goondas Act | 12-Day Period For Govt Approval Begins After Detention Order Is Passed: High Court
The Andhra Pradesh High Court has held that the 12-day period for approval of a preventive detention order under Section 3(3) of the Andhra Pradesh Prevention of Dangerous Activities Act of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers, 1986, begins from the day after the detention order is made, thereby excluding the date of the order...
'We Have A Long Way To Go': Madras High Court Calls For Training Of Judges On Examining Child Sexual Abuse Victims
The Madras High Court has highlighted that the judicial officers presiding over the Special Courts under the Protection of Children from Sexual Offences (POCSO) Act should ensure that the child victim is made to feel comfortable in the court and should build a rapport with the child. [2026 LiveLaw (Mad) 391]The court added that there was a need to understand the victim children and...
Declared Foreigner Who Re-Entered India After Expulsion Not Entitled To Bail Despite Prolonged Detention: Gauhati High Court
The Gauhati High Court recently held that a declared foreigner who was expelled from the country and re-entered the country illegally cannot claim bail on the ground of prolonged detention. The bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund held that the Immigration and Foreigners Order 2025 empowered the State to impose restrictions on the movement of...
Siblings-In-Law Can Claim Accident Compensation As Dependents If Financial Dependency Is Proved: Sikkim High Court
The Sikkim High Court has held that siblings-in-law of a deceased can be treated as dependents for the purpose of claiming compensation under the Motor Vehicles Act, provided their financial dependency is established through evidence. The Court observed that there is no hard-and-fast rule for determining dependency and that the question must be decided on the facts and evidence of each...
NDPS Act Does Not Allow Any Other Options After Accused Chooses Gazetted Officer For Search U/S 50: HP High Court
The Himachal Pradesh High Court has held that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not permit the Investigating Officer or any other officer, including the Gazetted Officer before whom the personal search is to be conducted, to give an accused a fresh or third option after the accused has already exercised his statutory choice. The Court observed that...
JJ Act | Conviction Not Vitiated Because Regular Court Tried Juvenile As Adult, But Sentence Cannot Operate : Supreme Court
The Supreme Court has held that a conviction on the merits need not be set aside merely because a juvenile was tried by a regular criminal court. Accordingly, while affirming the conviction of an accused who was tried as an adult, the Court set aside the sentence imposed on him after finding that he was a juvenile on the date of the offence. A bench of Justice Aravind Kumar and Justice Vipul...
Substantial Compliance With S.42 NDPS Act Sufficient In Situations Requiring Immediate Seizure : Supreme Court
The Supreme Court has held that where narcotics-related information is received in circumstances requiring the immediate interception of a moving vehicle, the requirements of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, have to be assessed in the context of the urgency of the situation. On the facts of the case, the Court found substantial compliance with the...
Prior Sanction Required If Cognizance Taken After 2018 PC Act Amendment, Even If Chargesheet Filed Earlier: Rajasthan High Court
The Rajasthan High Court has held that requirement of taking prior sanction under Section 19 of the Prevention of Corruption Act, 1988 (the “Act”) gets attracted even in a case where the offence was committed before the relevant amendment in 2018, but cognizance was yet to be taken in the case. The bench of Justice Kuldeep Mathur observed that the amended Section 19 created a statutory...
Application Of BUDS Act Prima Facie Doubtful Where Accused Is Not Deposit Taker: AP High Court
The Andhra Pradesh High Court has observed that the application of offences under Banning of Unregulated Deposit Schemes Act, 2019 is prima facie doubtful where the accused is not a deposit taker. [2026 LiveLaw (AP) 186]In doing so the court granted anticipatory bail to a doctor booked for offence of Cheating under IPC and Section 21(1)(2)(3) BUDS Act which prescribes punishment for...
POCSO Act | Meghalaya High Court Denies Bail To Two Teachers Accused Of Sexually Assaulting 5-Year-Old
The Meghalaya High Court has refused to grant bail to two teachers accused of sexually assaulting a five-year-old student inside a school washroom, observing that allegations of sexual assault against children must be viewed seriously given their vulnerability and the trauma such acts can cause. The Court held that the survivor's statement prima facie made out a case of sexual assault against...