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Criminal Law Tag

14 October
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Can Every InWhat amounts to Cruelty?

Posted by Kanika Ganeriwala
in Legal Updates

Can Every Act of Insensitivity in a Matrimonial Home Amount to “Cruelty”? Delhi High Court | Poonam Tanwar v. State & Ors. | Decision dated 1 October 2026 MATRIMONIAL LAW  |  CRIMINAL LAW  |  LEGAL ANALYSIS At a Glance Important distinction: Poonam Tanwar concerns criminal cruelty under Section 498-A of the Indian Penal Code, 1860, in the context of allegations against matrimonial relatives. It should not be confused with a divorce proceeding under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The legal tests are distinct. 1. Introduction Matrimonial disputes may involve disagreements, strained relationships, insensitive remarks, differences in expectations and friction between spouses or their...

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08 August
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Bail in Serious Criminal Offences: Why Reasons Matter

Posted by lexel
in Criminal Law, Legal Updates
Bail in Serious Criminal Offences

Bail in Serious Criminal Offences: Why Reasons Matter Supreme Court Reinforces the Need for Reasoned Judicial Discretion Bail is a crucial safeguard of personal liberty. However, its granting is not a routine procedure, especially in cases involving serious and grave allegations. Courts are tasked with balancing the fundamental right to liberty against the interests of justice, the severity of the charges, and the potential for interference with the legal proceedings. The Supreme Court’s recent ruling in Yash Mahesh Gaikwad v. State of Maharashtra, 2026 INSC 917, delivered on 20 August 2026, underscores this principle. Moreover, the case stemmed from a serious criminal prosecution...

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27 May
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NDPS Quantity Determination & Problem of Neutral Substances

Posted by lexel
in Criminal Law, Legal Updates
NDPS Act

Quantity Determination under the NDPS Act: Mixture Theory, Procedural Safeguards and Scientific Challenges   NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985 is one of the stricter laws of India. It has the strictest punishment where the sentence of an accused is determined on the quantity of the contraband recovered from the accused during investigation, and also has the strictest conditions for bail under sec 37 of the Act. Chapter IV of the act deals with offences and penalties. When looked at the section dealing with the sentences for the offence, one would notice that the sentence depends on the quantity of the drug. Drugs are categorized as "small...

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28 January
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A Glimpse of Inter-State Arrest

Posted by lexel
in Criminal Law, Legal Updates
Bail

Introduction Although this form of investigation or arrest is constitutionally unlawful, it occurs when authorities from one state arrest the accused or perpetrator in another state. A police officer can only arrest or investigate someone who is within their state's borders. For example, if someone commits a crime in Delhi and is vested in Delhi, only Delhi police, not police from other states, have the jurisdiction to arrest that offender. To arrest an accused from another state, a state's police force must communicate with the police force of the state where the accused is located, which has the right to act...

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25 January
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Husband’s anticipatory bail in 498A case from High Court

Posted by lexel
in High Court, Judgments
High Court

Once at the instance of the wife (complainant), the FIR under Sections 498-A/406 IPC is registered it is better option to take Anticipatory Bail in the offences as read in the FIR. Usually, the entire family of the husband is entangled in the FIR. When the in-laws move for anticipatory bail in the court, they are usually granted anticipatory bail since they form a separate household unit distinct from that of their son (husband). The Supreme Court in various judgments have quoted that the Sections under 498a and 406 under the Indian penal code are widely misused and for no reason...

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22 April
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Supreme Court – Trial cannot be quashed for investigation of SC-ST offences by incompetent Police Officer

Posted by lexel
in Criminal Law, Supreme Court

The Supreme Court in a noteworthy case of State of Madhya Pradesh Vs Babbu Rathore & Anr has observed that, when the offence complained is both under Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Criminal Procedure Code cannot be quashed for non-investigation of the offence under Section 3 of the Act by a competent police officer....

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