A victim’s appeal against an order of acquittal passed by a Magistrate lies to the Court of Session, and not to the High Court, the Supreme Court held, clarifying the effect of the proviso to Section 413 of the Bharatiya Nagarik Suraksha Sanhita on a victim’s right of appeal. New Delhi: The Supreme Court has […]
The Supreme Court used Article 142 to quash NEET-protest FIRs so they “cease to exist,” bypassing the closure-report route. Here’s how the mechanism works and why it matters. New Delhi: When the Supreme Court quashed the FIRs against the July NEET-protest students on Tuesday, the most consequential part of the exercise was not that the […]
The Supreme Court held that an accused cannot claim default bail merely because a copy of the chargesheet was not supplied. It also ruled that failure to file additional chargesheet copies under Section 193(8) of the BNSS does not invalidate the chargesheet.
The Allahabad High Court ruled that a wife cannot be denied maintenance under Section 125 CrPC merely because her parents are supporting her. The Court held that parental assistance does not absolve a husband of his statutory obligation to maintain his wife.
The Allahabad High Court issued detailed guidelines governing preventive detention under the BNSS and CrPC, holding that detainees should ordinarily be released on personal bonds without sureties. The Court also introduced compensation for unlawful detention beyond 24 hours, strengthening accountability and protection of personal liberty.
The Karnataka High Court criticised a Bengaluru Chief Judicial Magistrate for closing a private complaint, calling it breach of criminal procedure and describing it as “procedural harakiri.” “There is not even a method in the madness,” it observed.
The Supreme Court of India dismissed a plea challenging Section 20(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, upholding appointment of serving or retired judicial officers as prosecution heads. A Bench led by CJI Surya Kant termed the petition legally misconceived.
The Supreme Court clarified that once a sentence is suspended, a convicted person need not appear at every appellate hearing. Justices Aravind Kumar and Prasanna B. Varale observed that appeals take years, making mandatory physical presence purposeless in practice.
The Supreme Court of India ruled that once a bail order is signed, it cannot be recalled or reversed due to a staff member’s typing mistake. Invoking Section 362 CrPC, the Court restored anticipatory bail, holding that changing “allowed” to “rejected” amounts to an illegal review, not a clerical correction.
The Supreme Court has ruled that criminal revision proceedings filed by an informant or complainant do not automatically abate after their death. The Court held that the revisional court may continue to examine the legality and correctness of the lower court’s order in the interest of justice.
