Topic
Criminal Issues in Indian law cover offenses under the Bharatiya Nyaya Sanhita (BNS), POCSO, SC/ST Act, and constitutional protections like Articles 14 and 21, including bail, evidence, and procedural fairness.
Bombay HC (Aurangabad Bench) grants interim anticipatory bail to a man facing BNS and POCSO charges, citing unexplained FIR delay and counter-blast allegations. The court protects liberty till final hearing, imposing PR bond of ₹15,000 with conditions.
Bombay High Court (Aurangabad Bench) quashed a non-bailable warrant against an accused for a single-day absence, ruling that issuance without exhausting alternatives under BNS 528 breaches personal liberty. The court emphasized strict compliance with statutory safeguards and precedents on inherent powers to quash warrants.
Bombay HC clarifies that offences under FSSA attracting up to seven years' imprisonment trigger Section 35(3) BNSS compliance for anticipatory bail. Applicants must attend police stations per written notice or face arrest, subject to next hearing on 11 August 2026.
Supreme Court dismisses writ petition seeking quashing of multiple cyber fraud FIRs across states, reiterating Article 32 jurisdiction is extraordinary and mandates proof of fundamental rights violation. The ruling underscores the high threshold for invoking constitutional remedies against FIRs.
Bombay High Court (Aurangabad Bench) quashed an FIR under BNS Section 69 after parties amicably settled personal disputes, aligning with the Supreme Court's approach in Madhukar. The ruling reinforces Section 482 CrPC's role in quashing FIRs where compromise is genuine and not coercive.
Allahabad HC upheld conviction under Section 307 IPC but reduced the sentence to 3 years after determining the accused was a juvenile (17 years 10 months) at the time of the offence. The ruling emphasizes the primacy of juvenile justice principles over punitive sentencing in serious offences.
Allahabad HC quashes joint trial under Sections 420 and 406 IPC, citing apex court precedent in Delhi Race Club. Ruling underscores procedural safeguards under Section 482 CrPC for preventing misjoinder of offences.
Allahabad HC grants bail to Markendey Rai in Case Crime No.492/2024 after all fact witnesses examined, citing no threat to witnesses and reliance on Supreme Court precedents. The ruling underscores the importance of examining witnesses before denying bail in politically motivated false implication cases involving self-defence claims.
Allahabad HC partially allows appeal against forfeiture of surety bonds under Section 446 CrPC, reducing penalty from Rs.1,00,000 to Rs.50,000 each for two sureties. The court directs deposit within two months, emphasizing judicial discretion in mitigating harsh penalties for sureties who acted in good faith.
Allahabad HC quashed a summoning order under the SC/ST Act, ruling that a civil dispute cannot ground prosecution unless allegations disclose a prima facie caste-based insult. The court emphasized that summoning orders must reflect independent judicial satisfaction, not mechanical application.
Allahabad HC clarifies that arrest under BNSS for offences punishable with less than seven years imprisonment is impermissible unless Section 35(1)(b) conditions are met. The ruling reinforces Arnesh Kumar and Satender Kumar Antil precedents, restricting coercive action to exceptional circumstances.
Allahabad HC grants bail in a Section 376(2N) IPC case after noting the applicant's long-term relationship, multiple pregnancies (aborted), and absence of medical evidence of assault. Court emphasizes jail overcrowding and pending cases while imposing strict bail conditions, citing Kapil Wadhawan v. CBI and Maya Tiwari v. State of U.P.
Allahabad HC affirmed conviction under Section 376 IPC after a 39-year delay but reduced the sentence from 7 to 4 years, citing the appellant's advanced age, infirmities, and the prolonged trial. The ruling underscores the judiciary's balancing act between justice delayed and justice denied.
Allahabad HC rejects second bail plea in a dowry death case despite witness retraction during cross-examination, emphasizing the severity of allegations and prima facie case. The court held that the informant's initial alignment with the prosecution during examination-in-chief sufficed to deny bail despite subsequent retraction.
Allahabad HC permits applicants to file fresh bail applications before the trial court under Section 482 CrPC, relying on the Supreme Court's Satender Kumar Antil judgment. No coercive action will be taken for four weeks or until the bail plea is filed, whichever is earlier.