Criminal Law

The Supreme Court held that a warrant is adequate to constitute the grounds for arrest. A reading of the warrant to the detained person is sufficient to satisfy the requirement of communicating the grounds of arrest. The accused’s father filed a writ of habeas corpus at the Andhra Pradesh High Court. He alleged that the […]

The Supreme Court set aside the sentence awarded to a Protection of Children from Sexual Offences Act, 2012 (POCSO) convict, reasoning that it would cause further injustice to the victim, who was now committed to the convict. The Bench had previously overturned a Calcutta High Court decision which had indulged in “victim-shaming” while acquitting the accused in a POCSO

The Supreme Court held that the procedural safeguards laid down in People’s Union for Civil Liberties v State of Maharashtra (2014) for police encounters are binding and must be enforced regardless of whether the victim or their family initiates the complaint. A Public Interest Litigation (PIL) at the Assam High Court sought an independent investigation into alleged

The Supreme Court held that in cases where a court has relied on circumstantial evidence, it must compare the prosecution’s evidence with that of the defence. Where two views exist, the one favouring the accused should be taken. Vaibhav, the accused, claimed that he found Mangesh, the deceased, in a pool of blood along with

Conviction reversed due to non-holding of TI parade along with absence of motive and any connection with recovered articles,  On facts, in a brutal murder of a teenager girl allegedly by the main accused and co-accused, conviction and sentence u/s. 302/34, ss. 449, 404 and 201 r/w 302 IPC – Appeal by the co-accused, wherein

Effect of non obstante clause occurring in the 1986 Act: A divorced Muslim woman can maintain a petition under S. 125 CrPC, despite enactment of the 1986 Act. Non obstante clause occurring in Ss. 3 and 4 of the 1986 Act cannot be deemed to override the rights so provided by S. 125 CrPC. Equivalent

Issue relating to whether Family Court has jurisdiction to try application filed by a divorced Muslim woman for maintenance under the Muslim Women (Protection of Rights on Divorce) Act, 1986 and whether Family Court can convert the petition for maintenance under S. 125 CrPC to one under S. 3 or S. 4 of the 1986

Mere passing of a decree for restitution of conjugal rights at the husband’s behest coupled with non-compliance with that decree by wife, held, would not by itself be sufficient to attract aforesaid disqualification under S. 125(4) CrPC,  [Rina Kumari v. Dinesh Kumar Mahto, (2025) 3 SCC 33]   Case comment  Will a husband, who secures

There is no need to implead them in bail applications filed by foreign nationals. There is no propriety in issuing a direction that either Civil Authority or Registration Officer should be made a party to a bail application filed by a foreigner or a notice of bail application be issued to said authorities,  [Frank Vitus

Bank officials are not covered under this section. S. 197 protects only public servants whose appointing authority is the Central Government or the State Government and not every public servant.  [A. Sreenivasa Reddy v. Rakesh Sharma, (2023) 8 SCC 711]  Case Comment: It is pertinent to note that the banking sector being governed by the