SFI Activist Abhimanyu Murder: Kerala High Court Refuses In-Camera Trial, But Bars Photography/ Video-Recording Of Accused In Courtroom

The Kerala High Court on Wednesday (October 7) declined the plea for in-camera trial in the SFI activist Abhimanyu murder case which is pending before the Sessions Court, Ernakulam.Abhimanyu was stabbed to death in 2018 during a campus political rivalry at Maharaja's College in Ernakulam. Presently, trial is pending before the Sessions Court against 16 accused (Accused Nos. 1 to 16) whereas investigation is ongoing against 10 accused (Accused Nos. 17 to 26).Justice C.S. Dias upheld the order of...

S. 38 BNSS | Police Must Inform Suspect Of Right To Counsel During Interrogation Even Before Formal Arrest: Allahabad High Court

The Allahabad High Court observed that, under Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police have a duty to inform a suspect of his right to have counsel of his choice present during interrogation, even before he is formally arrested. A Bench of Justice Atul Sreedharan and Justice Achal Sachdev held that the police cannot avoid this safeguard by keeping a suspect formally unarrested and interrogating him at the police station. The Court made the observation while...

Low IQ Or Intellectual Disability Won't Make Accused Unfit For Trial If He Can Understand & Participate In Proceedings: Kerala High Court

The Kerala High Court recently held that low IQ or intellectual disability would not make an accused unfit for trial if he has the functional capacity to understand and participate in proceedings. [2026 LiveLaw (Ker) 550]Justice Jobin Sebastian referred to Section 368 [Procedure in case of person with mental illness tried before Court] of the Bharatiya Nagarik Suraksha Sanhita (BNSS)...

POCSO Case | S.91 CrPC Plea To Summon Documents Can't Be Rejected On Assumption About Their Evidentiary Value: Rajasthan High Court

The Rajasthan High Court has held that a plea under Section 91 CrPC for production of documents cannot be rejected by pre-judging their contents or evidentiary value, particularly where the documents have a reasonable nexus with a material issue in the trial.The bench of Justice Farjand Ali observed that while the power under Section 91 CrPC must be exercised with due circumspection, it cannot...

Woman Made To Believe Man Had Divorced First Wife Entitled To Maintenance Under Section 125 CrPC: Madras High Court

The Madras High Court recently held that a woman, who was not aware of the husband's earlier marriage and was made to believe that the first wife had been divorced, would be entitled to maintenance under Section 125 CrPC (Section 144 BNSS). The court thus ordered maintenance to be paid to a woman, who was argued to be the husband's second wife. [2026 LiveLaw (Mad) 482] "Though the...

Article 22(1) | Initial Arrest/Remand Can Be Challenged Only Till S. 167 CrPC Stage; Not After Charges Are Framed: Allahabad High Court

The Allahabad High Court has held that a challenge alleging violation of Fundamental Right under Article 22(1) of the Constitution (non-communication of grounds of arrest) in relation to the initial arrest and remand can only be raised during the stage governed by Section 167 CrPC, and not at a subsequent stage after charges have been framed.A bench of Justice Manish Mathur made this...

Second Arrest Of Accused Already In Custody In Another Case Is Fresh Arrest; Its Grounds Must Be Communicated: Allahabad High Court

HC said that the grounds for such arrest must be communicated to the accused in accordance with Article 22(1) of the Constitution of India.

AP High Court Quashes Cruelty Case Against Husband's NRI Relatives For Lack Of S.188 CrPC Sanction

The Andhra Pradesh High Court has quashed criminal proceedings against an NRI brother-in-law and sister-in-law of a woman for alleged cruelty, criminal intimidation and dowry offences arising from alleged incidents in the United States and India. [2026 LiveLaw (AP) 231]The allegations against the petitioners were two-fold. One set related to their alleged conduct during the complainant's stay...

Courts Can't Resort To Coercive Process Mechanically: AP High Court Recalls NBW Against Senior Citizen In Cheque Dishonour Case

The Andhra Pradesh High Court has held that issuance of a Non-Bailable Warrant (NBW), being a coercive and preventive process, requires due consideration and cannot be resorted to routinely or mechanically. [2026 LiveLaw (AP) 230]The Court made the observation while dealing with a case arising from proceedings under Section 138 of the Negotiable Instruments Act, 1881.It stressed that the...

ED Attachment Of Property Can Be Challenged Under Article 226, But Entertaining Writ Is Court's Discretion: Karnataka High Court

The Karnataka High Court has refused to entertain a writ petition challenging an order confirming attachment of properties under the PMLA despite the predicate offence having been quashed. The Court held that since the PMLA constitutes a “complete Code” providing a hierarchy of authority and remedies, and while Article 226 petition is maintainable against attachment order however...

S. 313 CrPC | Statement Of Accused Cannot Be Used To Complete An Unestablished Chain Of Circumstances : Supreme Court

While acquitting a man convicted of raping and murdering his six-year-old maternal niece, the Supreme Court on Thursday (October 1) held that the conviction cannot be recorded solely based on defence statements under Section 313 Cr.P.C. / Section 351 BNSS when the prosecution otherwise failed to prove the guilt of the accused beyond a reasonable doubt. In other words, the accused's answers...

Circulating Objectionable Photos On WhatsApp Is 'Within Public View', Can Attract SC/ST Act: Bombay High Court

In a significant ruling, the Bombay High Court has held that the act of circulating objectionable videos or photographs of a person belong to a scheduled caste or scheduled tribe on a social media platform like WhatsApp, would attract the provisions of the stringent Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act as the same is within the 'public view.'Sitting at the Nagpur...