Bombay High Court
LEGAL SUBJECT
Criminal Procedure and Evidence
Judgment analyses where this is the main or secondary subject.Latest analyses
30 ARTICLES
Bombay High Court
Prolonged incarceration and delayed trial can justify bail despite Section 37 NDPS restrictions.
The common judgment concerned six bail applications arising from alleged international smuggling of heroin or cocaine by foreign nationals who had concealed drug-filled capsules inside their bodies and travelled to Mu...5 MIN READ↗
Madras High Court
An uncorroborated improvement, contradicted by Section 164 statement and medical evidence, cannot sustain penetrative POCSO conviction.
The appellant was prosecuted for allegedly taking a 13-year-old girl, born on 17 August 2007, from near a temple on 25 January 2021 to his residence at Sathyamangalam, taking her thereafter to Mysore, and remaining wi...3 MIN READ↗
Madras High Court
Section 326 IPC conviction requires grievous hurt under Section 320, not merely medical certification.
On 2 August 2015, allegedly due to prior enmity concerning coconut trees protruding onto the petitioner’s land, Raja @ Rasu entered the house of P.W.1, stabbed him in the stomach with a knife, and criminally intimidat...4 MIN READ↗
Allahabad High Court
MP Rakesh Rathore discharged in rape case; Allahabad HC finds prosecution material indicated a long-term consensual relationship
The complainant alleged that she came into contact with the revisionist, a political leader, in 2018; that he offered her political protection and advancement; and that, after appointing her to a district-level politi...5 MIN READ↗
Madhya Pradesh High Court
Territorial jurisdiction objections not raised before the Family Court cannot be raised for the first time in revision.
The petitioner/husband challenged the order dated 03.01.2020 passed by the Principal Judge, Family Court, Mandla in MJCR No. 78/2018, whereby the respondent/wife was awarded monthly maintenance of ₹3,000 under Section...3 MIN READ↗
Delhi High Court
Prolonged incarceration and an unlikely early trial may warrant bail despite PMLA Section 45 restrictions.
The applicant sought regular bail in Complaint Case No. 145/2022 arising from ECIR No. HQ-09/STF/2021, registered under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 (“PMLA”). The ECIR originated fr...5 MIN READ↗
Madhya Pradesh High Court
Separate FIRs for alleged sexual assaults on different minors can proceed, says MP High Court, rejecting double-jeopardy plea
An FIR, Crime No. 372/2020, was registered at Police Station Shahpura, Bhopal, against the petitioner and others for alleged sexual exploitation of five children during 11–12 July 2020. After investigation, a charge-s...4 MIN READ↗
Madras High Court
Courts may grant interim custody of seized vehicles pending NDPS proceedings, subject to stringent safeguards.
The petitioner, the registered owner of a Toyota Glanza car bearing Registration No. TN-69-BS-0705, was arrayed as Accused No.1 in Crime No.94 of 2026 registered by Thalamuthu Nagar Police Station, Thoothukudi District.3 MIN READ↗
Gujarat High Court
Failure to establish complainant’s authorization under Section 151 bars cognizance of Electricity Act offences.
On 29 November 2003, officers of the Gujarat Electricity Board allegedly inspected the respondent’s premises at Village Bhatera, Taluka Kathlal, and found the electricity connection permanently disconnected.3 MIN READ↗
Delhi High Court
Parity warrants bail for a lesser-role accused when more culpable co-accused have already been released.
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) in FIR No. 88/2025, registered at Police Station Vasant Kunj North, for offences under Sections 311/317(2)/3...3 MIN READ↗
Delhi High Court
Regular bail may be denied where serious charges and reasonable apprehension of witness intimidation threaten an ongoing trial.
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), corresponding to Section 439 of the Code of Criminal Procedure, 1973, in FIR No. 138/2025 registered at P.S...3 MIN READ↗
Delhi High Court
Prolonged incarceration and delayed trial warrant bail when material witnesses have been examined.
The petitioner was accused in FIR No. 14/2021 dated 10 January 2021, registered at Police Station Subhash Place, Delhi, under Section 302 of the Indian Penal Code, 1860.3 MIN READ↗
Delhi High Court
Prior permission for foreign travel is replaced by advance itinerary disclosure where no default or non-cooperation is shown.
The CBI registered RC No. 2202022E0001 concerning alleged irregularities in a cash-credit facility extended by Punjab National Bank to M/s Skyworld Exim. A charge sheet dated 31 March 2023 was filed against Rajnish Gu...3 MIN READ↗
Bombay High Court
Failure to reply to statutory notice, absent a probable defence, leaves the Section 139 presumption unrebutted.
The complainant alleged that, owing to a friendly relationship, the applicant-accused borrowed ₹4,70,250 as a hand loan for business purposes and agreed to repay it within four to five months.4 MIN READ↗
Bombay High Court
A legal heir may continue a deceased complainant’s private defamation prosecution with the Magistrate’s permission.
Imtiaz Zahur Ahmed Qureshi filed a private complaint against the Petitioner under Sections 499 and 500 of the Indian Penal Code, 1860, alleging that she had made defamatory statements against him in complaints and com...3 MIN READ↗
Patna High Court
Appellate courts must not disturb acquittal absent perversity or an irresistible finding of guilt.
The appellant-victim alleged that the accused had maintained an intimate relationship with her for several years and had established sexual relations with her on the promise of marriage.3 MIN READ↗
Patna High Court
A reasoned Section 203 CrPC dismissal warrants no quashing where allegations disclose a civil property dispute.
The petitioner, Baby Devi, alleged that she was the only child and legal heir of late Ram Chandra Prasad Gupta and had inherited his properties.2 MIN READ↗
Odisha High Court
Transfer denied; husband may appear virtually except when physical presence is required for effective hearings.
The Petitioner-Husband sought transfer under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), read with Section 407 of the Code of Criminal Procedure, of Crl. Misc. Case No. 133 of 2025, pending b...3 MIN READ↗
Supreme Court
Victim’s appeal against a Magistrate’s acquittal lies before Sessions Court under BNSS, Supreme Court rules
The petitioner’s son, who was suffering from depressive disorders, was admitted to a hospital and died by suicide.3 MIN READ↗
Supreme Court
Remand in a completed Section 138 trial is unwarranted absent demonstrated prejudice to the accused.
The appellant was the complainant in proceedings under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”), and the respondent was the accused.3 MIN READ↗
Calcutta High Court
Allegations of theft and criminal misappropriation warrant FIR investigation despite availability of civil remedies.
The petitioners were the complainants in proceedings seeking police investigation into the alleged theft, criminal misappropriation and unauthorised export of scrap materials from the premises of the erstwhile Surya C...4 MIN READ↗
Delhi High Court
Forgery and use charges cannot stand without material showing the accused made or used forged documents.
The Petitioners, Rita Singh and Natasha Singh, invoked Section 482 CrPC challenging the Revisional Court’s judgment dated 27.08.2022, which set aside their discharge and directed framing of charges, and the consequent...4 MIN READ↗
Delhi High Court
Delhi High Court upholds bail to Chitra Ramakrishna and Sanjay Pandey in NSE phone-tapping case; says ED bail ruling was relevant but not binding in CBI proceedings
The CBI registered RC No. 2212022E0030 concerning the alleged unauthorised interception, recording and examination of telephone calls of NSE employees through iSEC Services Pvt. Ltd., engaged by NSE under work orders...4 MIN READ↗
Odisha High Court
Criminal proceedings transferred to protect a deserted wife facing threat and substantial travel hardship.
The petitioner-wife sought transfer under Section 407 of the Code of Criminal Procedure, 1973, of 1.C.C. Case No. 14 of 2006, pending before the S.D.J.M., Nayagarh, to the S.D.J.M., Bhubaneswar.3 MIN READ↗
Madhya Pradesh High Court
Section 319 CrPC requires strong, cogent evidence beyond a prima facie case for summoning.
The petitioner filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”), challenging the Trial Court’s order dated 26.07.2025, by which his application under Section 319 Cr.P.C. for summo...3 MIN READ↗
Madras High Court
Non-vital, non-life-threatening injuries render conviction under Section 307 IPC unsustainable; conviction altered to Section 333 IPC.
The appellant, Paramasivam, was prosecuted along with two other accused for allegedly attacking police personnel posted at the Thillaivilagam check post.3 MIN READ↗
Madras High Court
Section 52A non-compliance alone does not justify discharge; its evidentiary effect must be decided at trial.
The petitioner was allegedly apprehended on the basis of secret information and found in possession of 800 grams of ganja. The prosecution claimed that two 50-gram samples, marked S1 and S2, were drawn at the time of...4 MIN READ↗
Madras High Court
Attachment under proclamation must be raised after proceedings conclude and the adjudicated fine is paid.
The petitioner was prosecuted in S.C. No. 94 of 2020 before the Mahila Court, Pudukkottai, for an offence under Section 376(2)(F) IPC.3 MIN READ↗
Allahabad High Court
Prolonged pendency justified reducing Section 307 IPC imprisonment to time already undergone while enhancing the fine.
The appellant, Suresh Pasi, was convicted by the Additional Sessions Judge, Faizabad, in Sessions Trial No. 13 of 2010 arising out of Case Crime No. 314 of 2009, for offences under Sections 324, 452 and 307 of the Ind...3 MIN READ↗No articles match these filters.