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DNA Evidence Alone Does Not Establish Lack of Consent in POCSO Cases; It Must Be Assessed Along With Victim’s Testimony: Jammu and Kashmir High Court
The High Court of Jammu & Kashmir and Ladakh has granted bail to Mohammad Ashraf Sheikh, an accused facing trial under the Protection of Children from Sexual Offences Act, 2012 and Section 64 of the Bharatiya Nyaya Sanhita, 2023. Justice Sanjay Dhar held that although a DNA profiling report can constitute strong…
Direct Court Access to Medical and Forensic Records in Criminal Cases Proposed: Allahabad High Court
The Allahabad High Court has directed further arrangements to ensure that courts and Magistrates can directly access important medical and forensic information connected with criminal cases. The Court took note of substantial progress already made in connecting different digital platforms used by the police,…
Accused Who Repeatedly Fails to Appear Before Court Cannot Claim Bail as an Automatic Right Under Negotiable Instruments Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has refused to interfere with the custody of Pradeep, who failed to appear before the Trial Court in a complaint under Section 138 of the Negotiable Instruments Act, 1881. The High Court held that an accused who repeatedly fails to appear before the Court cannot claim bail as a matter…
Living in Separate Rooms Does Not Constitute Cruelty Per Se, But Cumulative Effect of Prolonged Marital Discord Is Relevant: Karnataka High Court
The Karnataka High Court has held that spouses living in separate rooms in the same house cannot, by that fact alone, be treated as having committed matrimonial cruelty. The Court made it clear that separate living must be examined in the context of the entire matrimonial relationship and the circumstances that led to…
Interim Victim Compensation Scheme Sought in Mob Lynching Cases; Notice to Victim’s Kin Mandated in Bail Hearings: Karnataka High Court
The Karnataka High Court has issued important directions concerning the rights of victims and their families in cases involving mob violence and mob lynching. While dismissing several petitions seeking cancellation of bail granted to accused persons in a mob lynching case, the Court directed the State Government to…
Maintenance for Autistic Child Cannot Automatically Stop at 18, Must Continue Until Child Becomes Capable of Earning: Chhattisgarh High Court
The Chhattisgarh High Court has ruled that merely reaching the age of majority cannot automatically bring an end to the right of a child suffering from a physical or mental abnormality or disability to receive maintenance. The Court held that the real question is whether, even after attaining majority, the person is…
Retirement No Ground to Drop Contempt Proceedings for Non-Compliance With Court Order; Notice Issued to Ex-DGP: Orissa High Court
The Orissa High Court has issued a contempt notice to the former Director General of Police (DGP), Yogesh Bahadur Khurania, for repeatedly failing to comply with a court order. The court also found that the ex-DGP misled the court by hiding the department’s intention to file an appeal before the Supreme Court against…
Bail in Serious Offences Like Murder Must Be Granted Only With Justifiable Reasons Recorded: Supreme Court
The Supreme Court has recently reiterated that granting bail in serious criminal cases, especially those involving murder, must be supported by clear and justifiable reasons. The Court observed that in a recent case, bail was granted to two accused persons without proper application of mind, ignoring vital evidence…
“No Coercive Steps” Order Does Not Bar Filing of Charge Sheet: Supreme Court
The Supreme Court has clarified that an interim order directing that "no coercive steps shall be taken" against an accused does not prevent the police from filing a charge sheet after completing their investigation. The Court emphasized that such an order is only meant to protect the liberty of the accused from arrest…
Section 498A IPC Does Not Require a Dowry Demand; Any Unlawful Demand for Property or Valuables Is Covered: Jharkhand High Court
The Jharkhand High Court has clarified that an offence under Section 498A of the Indian Penal Code (IPC) does not specifically require an allegation of demand for “dowry”. The Court held that any unlawful demand for property or valuables, coupled with harassment to coerce a woman, can constitute cruelty under this…
