The Supreme Court held that an arrest cannot be declared illegal if the grounds of arrest are not communicated to the arrestee immediately. A written copy of the grounds must be supplied within a reasonable time and not less than two hours before the arrestee’s appearance before a magistrate. The accused was arrested for a […]
Communication of Grounds of Arrest- CrpC Read More »
Sadiq B. Hanchinmani v State of Karnataka 4 November 2025 Citations: 2025 INSC 1282 | 2025 SCO.LR 11(2)[12] The Supreme Court held that when allegations in a private complaint disclose the commission of a cognisable offence, the Magistrate may order the registration of an FIR and investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC).
Magistrate’s Power to Order an FIR under Section 156(3) CrPC Read More »
Sadiq B. Hanchinmani v State of Karnataka 4 November 2025 Citations: 2025 INSC 1282 | 2025 SCO.LR 11(2)[12] The Supreme Court held that when allegations in a private complaint disclose the commission of a cognisable offence, the Magistrate may order the registration of an FIR and investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC).
Magistrate’s Power to Order an FIR under Section 156(3) CrPC Read More »
The Supreme Court held that an accused person does not have an indefeasible right to seek a narco-analysis test to lead the evidence. The decision brings clarity to the law following several conflicting High Court judgements on the issue. The Patna High Court had allowed narco-analysis tests for all the accused persons in a dowry
Accused Persons do not have an Absolute Right to a Narco-analysis Test Read More »
The Supreme Court held that a conviction in a rape case does not expressly hinge on the statement of the minor victim or child witness. It can be secured based on other available evidence. The Rajasthan High Court had acquitted a person, reasoning that the child witness had submitted no statements upon examination. No other
Child Witness’ Silence Not Detrimental to Prosecution’s Case Read More »
The Supreme Court held that the appellate court cannot enhance the sentence in cases where the appeal is filed by the accused. The appellant trespassed into the house of his neighbour and hugged her. She later committed suicide. The Trial Court convicted the appellant under Sections 354 and 448 of Indian Penal Code, 1860 and
Appellate Court Cannot Enhance Sentence Read More »
The Supreme Court clarified that 90-day default bail under Section 167(2)(a)(i) of the Code of Criminal Procedure, 1973 applies only to offences with a minimum punishment of 10 years. The Delhi High Court granted default bail to Rajeev Sharma after 60 days under Section 167(2)(a)(ii) as the investigation was incomplete. Sharma was charged with an
Default Bail under Section 167(2) of CrPC Read More »
The Supreme Court emphasised that anticipatory bail should not be granted to persons accused of serious economic fraud under Section 212(6) read along with Section 447 (Punishment for fraud) of the Companies Act, 2013. The Punjab and Haryana High Court granted anticipatory bail to individuals accused by the Serious Fraud Investigation Office (SFIO). The SFIO was
Anticipatory Bail in cases of Financial Fraud- IPC/ CrPC / Companies Act 2013 Read More »
The Supreme Court held that a restitution of conjugal rights decree does not absolve a husband from paying maintenance under Section 125 of the Code of Criminal Procedure (CrPC), if the wife has valid reasons to live separately. Rina Kumari married Dinesh Kumar Mahto in 2014 but left in 2015, citing cruelty, dowry demands and lack of basic amenities.
Maintenance Despite Restitution of Conjugal Rights-section 125 CrPC Read More »
The Supreme Court held that the transfer of a prisoner from one jail to another is an administrative decision. Therefore, Courts must interfere in the matter sparingly. A decision to transfer a prisoner is not arbitrary if a profound rationale supports it. The respondent, Vikash Tiwary, a gangster, was serving life imprisonment at Lok Nayak
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