BNS/IPC

Supreme Court Quashes Cheating Case Over Unpaid Steel Dues, Calls Criminal Cases In Civil Disputes An Abuse Of Process Of Law
The Supreme Court has recently quashed a criminal case for cheating against two company directors, holding that the complainant's grievance over unpaid dues was civil in nature and that he had misused criminal proceedings to recover money.A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar held so while setting aside the Gujarat High Court's order, which had discharged the appellants of criminal breach of trust under Section 406 of the Indian Penal Code, 1860 (IPC, now Section 316(2)...

Bombay High Court Rejects Anticipatory Bail To Galaxy Hospital Licensee In Illegal Abortion Death Case
The Bombay High Court has held that a hospital licensee cannot disown an illegal abortion conducted by an unqualified person merely by claiming that he had not performed any “overt act”, while rejecting anticipatory bail to the licensee of Galaxy Hospital. The Court observed that the applicant, who had control and supervision over the hospital, was duty-bound to ensure that it was being run in compliance with statutory requirements and that qualified medical practitioners and nurses were...

Karnataka High Court Quashes Case Over Facebook Post Using Term 'Jihadi'; Says Offence Of Outraging Religious Feelings Not Made Out
The Karnataka High Court has held that use of the term 'jihadi' in a Facebook post would not attract the offences of outraging religious sentiments or publishing statements intended to promote enmity between different religious communities.In doing so the court quashed an FIR against a Facebook user accused of hurting sentiments of Muslim community by posting a social media post, holding that...

Bengaluru Court Stays RSS Defamation Case Against Minister Priyank Kharge, Congress Leader Nalapad
A Bengaluru Sesssions Court has stayed further proceedings in a criminal defamation case against Karnataka Home Minister Priyank M. Kharge and Congress leader Mohammed Haris Nalapad over alleged defamatory statements against Rashtriya Swayamsevak Sangh (RSS).Judge KB Shivaprasad has decided to examine the locus standi of the organisation's member, who filed the complaint.The development comes in a criminal revision petition filed by Kharge, challenging the June 27 order passed by the...

Gujarat High Court Directs FIR Against 'Unknown Person' Over Alleged Custodial Death Of Trade Service Officer In CBI Custody
The Gujarat High Court has directed registration of an FIR "against an unknown person" and investigation by Deputy Inspector General of Police, CID Crime, into the alleged custodial death of Indian Trade Service officer who allegedly died in CBI custody in connection with an illegal gratification case. [2026 LiveLaw (Guj) 273]The deceased's wife had approached the high court claiming that despite disclosure of cognizable offence the police was not registering an FIR and were treating the case as...

Suicide Note Naming Accused Does Not Establish Abetment Without Proximate Instigation, Mens Rea: Chhattisgarh High Court
The Chhattisgarh High Court has held that mere reference to an accused's name in a suicide note cannot, by itself, establish abetment of suicide under Section 306 IPC. The Court observed that there must be a direct or indirect act of instigation in close proximity to the suicide, coupled with the requisite mens rea to abet the commission of suicide. Justice Naresh Kumar Chandravanshi was hearing a criminal revision filed challenging the Sessions Court's order whereby the application preferred by...

Kerala High Court Refuses To Quash Cruelty Case Against In-Laws Accused Of Calling Woman 'Servant', 'Cancer In Their Life'
The Kerala High Court recently refused to quash the matrimonial cruelty case against the parents-in-law of a woman, who allegedly referred to her as 'servant without wages' and 'cancer in their lives'. [2026 LiveLaw (Ker) 557]Justice G. Girish observed that there are multiple incidents of matrimonial cruelty attributed against the husband's parents and that the same are prima facie sufficient...

High Court Should Not Suggest Custodial Interrogation Of Accused: Supreme Court
The form of interrogation is best left to the discretion of the investigating officer, the Court said.

Tendency To Colourize Civil Disputes Into Criminal Offences An Open Secret : Supreme Court
The Supreme Court has reiterated that a purely civil dispute cannot be converted into a criminal prosecution unless the foundational ingredients of the alleged offences are made out. “The tendency of litigants to colourize civil disputes into criminal offences is an open secret in the present times. The courts have tried to put their foot down to prevent the litigants from obliterating...

S.69 BNS | Hiding Live-In Relationship, Child With Another Amount To 'Deceitful Means' To Have Sexual Intercourse With Woman: Kerala High Court
The Kerala High Court recently held that hiding live-in relationship with another woman and child born in it would amount to 'deceitful means' employed to have sexual intercourse with a woman as per Section 69 BNS. [2026 LiveLaw (Ker) 556]Justice A. Badharudeen made the observation while considering a plea for anticipatory bail under Section 18A of the SC/ST Prevention of Atrocities Act.“At...

Sending FIR To Wrong Court Is Mere Irregularity, Not Ground To Quash: State Tells Karnataka High Court In Case Against BJP's Pratap Simha
The Karnataka High Court was on Monday told that merely sending an FIR to a court lacking jurisdiction would amount to a procedural irregularity and would not, by itself, warrant quashing of the criminal proceedings against BJP leader and former MP Pratap Simha.State Public Prosecutor made the submission while opposing Simha's challenge to two FIRs registered against him in connection with...

Harassment Allegations Against Husband's Close Relatives Living Separately Or In Another City Need Greater Scrutiny: AP High Court
The Andhra Pradesh High Court has held that allegations of harassment against the husband's close relatives require careful scrutiny when they live in different cities and rarely or never visit the complainant's residence. Such allegations, the Court said, have an “entirely different complexion” and must be examined with “great care and circumspection”. The Court made the...
