Criminal
Supreme Court Upholds Conviction in Child Trafficking and Sexual Exploitation Case Under ITPA
Supreme Court upholds conviction in child trafficking case involving sexual exploitation of 16-year-old minor. The Bench of Justice Manoj Misra...
Read moreSurety Verification – Identification by Aadhar
Criminal law - Surety Verification - Identification by Aadhar - Judicial notice of illegal charges and harassment by persons identifying...
Read moreCriminal Procedure Code, 1973
Criminal Procedure Code, 1973 Bail — Annulment vs Cancellation — Annulment operates in field distinct from cancellation — Cancellation premised...
Read moreSupreme Court: Deception Alone Insufficient for Cheating Without Dishonest Inducement Prosecution Must Prove Accused Made Forged Document and Had Requisite Mens Rea. ID 416860
(2025-2)217 PLR 737 (SC)(SN) = 2025 PLRonline 006 = ID 416860 2025-PLRonline-0061-1Download SUPREME COURT OF INDIA Present: Justice B.V. Nagarathna...
Read moreCriminal Conspiracy under Prevention of Corruption Act – Prosecution must prove meeting of minds by cogent evidence, not mere inference from disconnected circumstances – Presumption under Section 20 requires proof of demand and acceptance – Mere association or presence at crime scene insufficient to establish conspiracy – Burden cannot be shifted to accused without prima facie case. [PLRonline ID#425858]
(2025-1)216 PLR 815 (SN) = PLRonline ID#425858 Punjab and Haryana High Court Before: Justice Manjari Nehru Kaul. PARVINDER JEET SINGH...
Read moreNIA S. 138 – A notice under Section 138 of the Negotiable Instruments Act must specifically demand the cheque amount; a vague or omnibus demand invalidates the complaint. The provision being penal requires strict compliance, including service of a valid notice. While Section 138 does not mandate giving 15 days’ notice, the drawer must pay within 15 days of receiving it. The High Court rightly quashed proceedings under Section 482 CrPC due to failure to meet statutory notice requirements, making the complaint legally unsustainable. 2007 PLRonline 0106 (SC)
A notice under Section 138 of the Negotiable Instruments Act must specifically demand the cheque amount; a vague or omnibus...
Read more[SC] Murder – IPC, 1860, S.302 – Conviction set aside – Unreliable sole eyewitness – No corroborative evidence – Recovery suspect – Appellants acquitted – Benefit of doubt – Appellants entitled to acquittal. [2025 PLRonline 0055 SC, ID 419854]
Indian Evidence Act, 1872, Section 27 – Indian Penal Code, 1860, Section 302 – Murder – Benefit of doubt –...
Read moreProbation of Offenders Act, 1958 (20 of 1958), Section 3, 4, 5 – Probation – Obligatory to grant probation to eligible first-time offenders, except in cases involving death penalty or life imprisonment . [PLRonline ID 446854]
Probation – Obligatory to grant probation to eligible first-time offenders, except in cases involving death penalty or life imprisonment .
Read moreCrPC S. 439 – Second Bail Application – There is no legal bar to filing a new bail application after a previous one has been rejected or granted and later cancelled. The right to file a fresh bail application is not contingent upon the Supreme Court’s permission, when the first Bail was allowed by the HC and set aside by the SC and had not allowed the filing of a new bail petition. 2025 PLRonline 474853 (SC)
Second Bail Application - There is no legal bar to filing a new bail application after a previous one has...
Read moreCrPC S. 156(3), 200 – Upon a Magistrate taking cognizance of a complaint under Section 200 of the CrPC 1973, the Court is precluded from directing an investigation under Section 156(3) of CrPC. [ID 448777]
2024 PLRonline 448777 = (2024-3)215 PLR 737 (SN) PUNJAB AND HARYANA HIGH COURT Before: Mr. Justice Vinod S. Bhardwaj. DIVYANSHU MEHTA...
Read moreIPC S. 306 – Abetment to suicide – Instigation – Mens rea – What is Abetmenrt ? – Refusal to marry – Accused on asking of the deceased had simply refused to marry her which is not a positive act on his part with any intention to abet the crime of suicide. [ID 415774]
(i) Indian Penal Code, 1860 (45 of 1860), Section 107, 306 - Abetment to suicide – Instigation – Mens rea...
Read moreNDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]
2024 PLRonline 15 = (2024-3)215 PLR 129 (SN) = Punjab and Haryana High Court Before: Aman Chaudhary, J. Rashid Hussain Thoker...
Read moreBail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6
BNSS, 2023 Section 483 - Court does not deem it appropriate to delve deep into the contentions, at this stage,...
Read moreConstitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]
Narcotic Drugs and Psychotropic Substances Act, 1988,Section 3 - Whether Section 3 can be exercised as a means of enforcement...
Read more[SC] Economic offences – Anticipatory bail – Cancelled. [PLRonline 419506]
Criminal Procedure Code (2 of 1974), S.438 - Anticipatory bail – Economic Offences - IPC S. 420, 465, 467, 471...
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