Showing 8261 articles
Prior Notice Before Arrest Mandatory in Offences Punishable up to 7 Years: Supreme Court
The Supreme Court of India has reiterated that arrest is not automatic in criminal cases punishable with imprisonment of up to seven years. The Court held that police officers must ordinarily issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before arresting an accused, and arrest…
Court Examines Whether Repeated Drug Possession Amounts to ‘Stocking’ Attracting ‘Goonda’ Classification under KAAPA, Warns Against NDPS Violations: Kerala High Court
The Kerala High Court has made it clear that it intends to send a strong message to society that violations of the Narcotic Drugs and Psychotropic Substances Act, 1985 will not be tolerated. The Court emphasised that every violation of the NDPS Act must be taken extremely seriously, while considering important…
Ex-Serviceman Re-Employed on Contractual Basis Not Entitled to Civil Pension: Punjab & Haryana High Court
The Punjab and Haryana High Court has dismissed a writ petition filed by an ex-serviceman seeking pensionary benefits for his civil re-employment. The Court clearly held that pension cannot be claimed merely on the basis of long duration of service unless the appointment is substantive, permanent and governed by…
Mother’s Right to Higher Education and Personal Development Cannot Be Curtailed Due to Custody Disputes: Delhi High Court
The Delhi High Court has delivered an important judgment recognising that a mother’s right to personal development, dignity and autonomy, including the pursuit of higher education abroad, forms an intrinsic part of the Right to Life and Personal Liberty under Article 21 of the Constitution of India. The Court held…
Documents Filed with Writ Petition Must Be Specifically Described in Statement of Facts or Grounds: Kerala High Court
The Kerala High Court has reiterated the mandatory procedural requirement that documents filed along with a writ petition must be properly marked with descriptions either in the statement of facts or in the grounds of the petition. The Court clarified that merely stating in the accompanying affidavit that the…
Delay in Deciding Maintenance Case Flagged as Court Emphasises S. 125 CrPC’s Object to Ameliorate Woman’s Agony and Financial Suffering: Jharkhand High Court
The Jharkhand High Court has reaffirmed that proceedings under Section 125 of the Code of Criminal Procedure, 1973 are summary in nature and are meant to prevent vagrancy and destitution. While emphasizing that a wife is legally entitled to maintenance allowing her to live with dignity and a standard of living similar…
Arrest Is an Exception, Not the Rule, for Offences Punishable up to 7 Years; S. 35(3) BNSS Notice Mandatory: Supreme Court
The Supreme Court of India has authoritatively held that service of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is mandatory in cases where a person is accused of committing an offence punishable with imprisonment up to seven years. The ruling makes it clear that arrest in such cases…
Declaration of Roshni Act as Unconstitutional Does Not Nullify Cases under Prevention of Corruption Act: Jammu & Kashmir and Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has held that criminal prosecutions linked to alleged irregularities under the Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Act, 2001, popularly known as the Roshni Act, can lawfully continue even though the Act has been declared unconstitutional and…
DNA Test of Child in Divorce Petition Alleging Adultery by Wife Upheld: Madhya Pradesh High Court
The High Court of Madhya Pradesh at Jabalpur has dismissed a petition filed by a wife challenging an order of the Family Court directing a DNA test of her child. The Family Court had allowed the husband’s application under Section 112 of the Indian Evidence Act, in a divorce petition filed on the ground of adultery.…
Bail Granted to Former Congress Councillor Anwar Kadri in Alleged Forced Conversion Case: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench, has granted bail to Anwar Kadri, who was in judicial custody since August 2025 in a case involving allegations of facilitating the conversion of a prosecutrix to Islam. The Court held that the material on record did not sufficiently justify continued incarceration and that…
