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Introduction In a significant reaffirmation of personal liberty and criminal procedure safeguards, the Bombay High Court has held that an accused cannot be remanded to judicial custody merely for not applying for bail , particularly when the individual was never arrested during investigation and consistently appeared before the court pursuant to summons . The ruling underscores the constitutional limits on judicial power and reinforces the settled principle that custody is a legal status, not a procedural assumption . Background of the Case The ruling arose from a criminal case registered in 2023 , involving allegations that partners of AS Agri and Aqua Limited Liability Partnership defrauded investors of approximately ₹350 crore by promising unusually high returns. Alleged Offences The FIR invoked the following provisions: Section 406, Bharatiya Nyaya Sanhita, 2023 – Criminal breach of trust Section 420, Bharatiya Nyaya Sanhita, 2023 – Cheating Section 427, Bharatiya Nyaya Sanhi...

Introduction In a significant ruling clarifying the scope of criminal liability of corporate executives, the Bombay High Court has held that Indian criminal law does not recognise vicarious liability unless expressly provided by statute . The Court quashed criminal proceedings against the Managing Director and a civil engineer of a construction firm , ruling that criminal negligence cannot be presumed solely based on managerial position . The judgment reinforces a foundational principle of criminal jurisprudence: personal culpability is indispensable for criminal prosecution . Factual Background of the Case Construction Project and Incident Year of Incident : October 2017 Project : Construction of an overbridge at Wardha railway station Contractor : Someshwaraya Infrastructure, owned by Krishna Mandadi , a railway contractor Incident : A pit was dug at the construction site A two-and-a-half-year-old child , son of a labourer working at the site, drowned in the pit According to records...

The Punjab and Haryana High Court has ordered the interim release of Sonia and her husband Sanjeev Kumar, who were convicted of killing eight members of Sonia’s family in August 2001. The court simultaneously directed the Haryana government to reconsider their premature release application within two months, strictly in accordance with the applicable remission policy. Background of the 2001 Hisar Mass Murder Case On the night of August 23, 2001, eight members of the Punia family were killed at their farmhouse on the outskirts of Hisar. The victims included: • Relu Ram Punia (50), former MLA of Barwala constituency • Krishna Devi (41) • A 14-year-old daughter • Sunil Kumar (23), son from first marriage • Daughter-in-law Shakuntala Devi (20) • A 4-year-old grandson • Two granddaughters, including a two-month-old infant According to the prosecution, Sonia and Sanjeev retrieved an iron rod from the garage after midnight and murdered the family members individually in separate ro...

The Karnataka High Court has delivered a significant ruling with far-reaching implications on the interpretation of cruelty under Section 498A of the Indian Penal Code. In a judgment dated 18 November, Justice Suraj Govindaraj held that even individuals in live-in relationships , void marriages , or voidable marriages may be prosecuted for cruelty—so long as the essential ingredients of the offence are established. This decision strengthens legal protection for women in marital-like arrangements and prevents men from exploiting technicalities of marital validity to escape liability. Background of the Case A man approached the High Court seeking quashing of proceedings initiated under Section 498A by a woman he claimed was not his legally wedded wife. According to the complaint: The petitioner already had a valid subsisting marriage. He married the complainant in 2010 without disclosing his earlier marriage. The relationship continued until 2016, during which the woman al...

The Delhi High Court has delivered a significant ruling in a 2017 unnatural-death case involving a 23-year-old hotel manager, Arnav Duggal. The court sharply criticised the Delhi Police for a “lackadaisical” and “myopic” investigation and transferred the matter to the Central Bureau of Investigation (CBI). This article explains the facts, court’s findings, statutory basis, constitutional principles, and judicial precedents relevant to this case. Background of the Case Death of Arnav Duggal in 2017 Arnav Duggal, aged 23, employed as a manager at a luxury hotel, was found dead in a flat in 2017. The only person present at the time of his death was a woman with whom he was allegedly in a relationship. The Delhi Police, from the very beginning, treated the death as suicide. Petition Filed by the Mother Allegation of Faulty Investigation Arnav’s mother approached the Delhi High Court seeking transfer of the investigation from Delhi Police to the CBI. She argued: The police pre...

The Supreme Court of India has reiterated an important legal and societal principle: not every failed or emotionally strained relationship can be criminalised as rape . In a significant judgment, a bench of Justices BV Nagarathna and R. Mahadevan quashed an FIR and charge sheet accusing a Maharashtra-based lawyer of rape and criminal intimidation, holding that the case involved a consensual long-term relationship which later turned bitter. This article examines the factual background, the Court’s reasoning, the legal provisions involved, and the judicial precedents that shaped this landmark ruling. Factual Background of the Case A woman had initially approached the lawyer for assistance in a maintenance case. Over time, the two entered into a long-term intimate relationship spanning nearly three years. The relationship later deteriorated. Subsequently, the woman filed an FIR alleging: Rape under Section 376 IPC Repeated rape under Section 376(2)(n) IPC Criminal intimid...

In a historic expansion of constitutional protections, the Supreme Court of India has held that every person arrested — regardless of the nature of the offence or the statute under which the arrest is made — must be furnished with written grounds of arrest . The ruling marks a critical evolution in Indian criminal jurisprudence, strengthening Articles 21 and 22 of the Constitution, and preventing arbitrary and unlawful detention by law enforcement agencies. Bench and Background A division bench comprising Chief Justice of India Bhushan R. Gavai and Justice A.G. Masih delivered the ruling. The case arose during the hearing of a petition filed by Mihir Shah , the accused in the July 2024 Worli BMW hit-and-run case , who contended that he was not supplied with written grounds for his arrest. While the Court clarified that its ruling would not interfere with the Bombay High Court’s order upholding Shah’s arrest, it used the occasion to address a broader constitutional issue — w...

Case Background A 29-year-old contractual government doctor posted in Satara’s Phaltan region was found hanging in a hotel room on the night of her death. A note left on her palm, written in Marathi, alleged that she had been raped four times by the Phaltan City Police Station sub-inspector Gopal Badane and harassed by her landlord’s son Prashant Bankar for five months. Both the accused have been arrested. Key Revelations Relationship with Accused (Prashant Bankar): Investigators found evidence of a months-long relationship between the doctor and Prashant Bankar (landlord’s son and software engineer). Call and chat records show more than 150 calls since January of the year. Marriage Proposal & Emotional Fallout: The doctor reportedly proposed marriage; Bankar refused, claiming he considered her a sister. This allegedly led to emotional escalation and frequent arguments. Rape Charge against Police Officer: The suicide note named sub-inspector Gopal Badane, alleging h...

Introduction The abetment of suicide case registered by the Rohtak police following the death of Assistant Sub-Inspector (ASI) Sandeep Lathar has raised serious questions regarding the legal sustainability of the FIR, particularly against deceased Haryana IPS officer Y. Puran Kumar’s wife Amneet P. Kumar , an IAS officer, and her brother, Amit Rattan , an AAP MLA. The FIR also names two police personnel, Sushil Kumar and Sunil Kumar. Legal experts argue that the allegations, as recorded, may not satisfy the essential legal requirements for establishing abetment of suicide. Background of the Case The FIR was registered on October 15 based on a complaint by ASI Lathar’s wife, who alleged that administrative and political pressure exerted by Amneet P. Kumar and her brother contributed to her husband’s suicide on October 14 . These developments unfolded shortly after IPS officer Y. Puran Kumar himself died by suicide on October 7 , leading to intense scrutiny of internal departmenta...

Introduction In a significant ruling safeguarding the rights and safety of minors, the Bombay High Court rejected the bail plea of a 28-year-old man from Kharghar , accused of repeatedly sexually assaulting his 11-year-old niece . The judgment underscores the judiciary’s unwavering stance that protection of society and potential victims , especially children, must outweigh the personal liberty of habitual offenders under such serious charges. The bench of Justice Amit Borkar observed that granting bail to the accused would not only “send a wrong message to society” but also endanger the victim’s safety and compromise the integrity of the ongoing trial. Case Background The accused, a married man, was arrested by Panvel City Police for raping his 11-year-old niece , making this his fourth case of child sexual abuse. According to the prosecution, the accused exploited the young girl over several years, beginning when she was just 8 years old . The child’s father was incarcerate...

Nearly two decades after one of India’s most horrifying crime sprees shocked the nation, the families of the Nithari victims have once again been gripped by despair. As the Supreme Court reserved its verdict in the last pending case against Surendra Koli , one of the two main accused, its remarks suggesting that upholding his conviction would be a “travesty of justice” have reignited old wounds in Noida’s Nithari village . Families React: ‘We Have Lost All Hope’ For the families who lost their children in the 2006 Nithari killings , the recent court developments have reopened painful memories. A 63-year-old father , whose 10-year-old daughter’s remains were recovered from the now-infamous D-5 bungalow in Sector 31 , said: “My daughter went missing while returning from school. Since then, I fought for justice, selling everything I had. But now, we have lost all faith. Only God can punish the killers of my child.” His wife added that she had foreseen the collapse of the case wh...

Compensation for Prolonged Detention The Supreme Court of India has ordered the state of Madhya Pradesh to pay ₹25 lakh compensation to a man who remained in prison for over four years and seven months beyond his lawful sentence . The ruling was delivered by a bench comprising Justice JB Pardiwala and Justice KV Viswanathan .

The Supreme Court of India, in a significant ruling, has reiterated that the gravity of a crime alone is insufficient to impose the death penalty unless the judicial process leading to the sentencing is scrupulously fair, transparent, and in strict compliance with constitutional safeguards . This judgment, delivered in the case involving death row convict Vasant Sampat Dupare , is a reminder of India’s strong constitutional framework that upholds life, dignity, and justice , even for those convicted of heinous crimes. The Fragility of the Death Penalty System A bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta emphasized the irreversible nature of capital punishment and the risk of wrongful convictions. The judgment pointed out that investigations in India often rely on confessions extracted under opacity, contested recoveries, and forensic material of doubtful rigor , which when coupled with an overburdened trial system, increases the risk of errors. “A Constituti...