Illegal Detention

Criminal Law September 2026
Legal RoundUpTopic-wise Roundup

The September 2026 Criminal Law Roundup highlights important decisions of the Supreme Court and High Courts on crime against women and children, illegal arrest or detention, bail under NDPS Act, false promise of marriage, punishment under POCSO, cruelty under 498-A, victim’s testimony under rape cases, abetment of suicide and quashment of proceedings under domestic violence Act.

Delhi Metro closures
Case BriefsSupreme Court

On Sunday, the Court assembled for an urgent hearing of the applications alleging violation of its earlier order and alleged illegal detention of a large number of individuals on 10 October 2026 by Delhi Police.

Illegal detention and alleged jewellery loot at police station
Case BriefsHigh Courts

The Court directed Superintendent of Police, Unnao to conduct an inquiry into allegations in the petition and examine, preserve and produce CCTV footage of Police Station Hasanganj before the Court.

Kshatriya Karni Sena President Protest
Case BriefsHigh Courts

The petitioner had been leading a nationwide awareness campaign concerning the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026 (2026 UGC Regulations).

daughters confined by father
Case BriefsHigh Courts

The Court remarked that the daughters, despite being major, educated and legally competent women, were deprived of their liberty for a prolonged period, solely because they exercised their constitutionally protected freedom of conscience and chose to profess a religion different from that professed by their family.

biological father's right as natural guardian
Case BriefsHigh Courts

The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.

preventive detention after bail
Case BriefsHigh Courts

The High Court held that where ordinary criminal law provides adequate remedies, the State cannot bypass judicial scrutiny and directly invoke preventive detention merely because the accused has secured bail or because prosecution under ordinary law may involve procedural rigours.

24-hour Rule Runs from Actual Restraint
Case BriefsHigh Courts

“Entries contained in police records or arrest memos are merely declaratory and do not constitute infallible or conclusive proof of the time of arrest.”

forceful custody by father
Case BriefsHigh Courts

“The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”

Habeas Corpus in Missing Person Investigation
Case BriefsHigh Courts

“The unlawful detention is the sine qua non for issuance of writ of habeas corpus.”

after unexplained delay of 11 months
Case BriefsHigh Courts

“The live and reasonable nexus between the alleged activities and purpose of detention was irretrievably lost by the unexplained delay of nearly over a year.”

Section 189 BNSS mandate
Case BriefsHigh Courts

“It is a sorry state of affairs because inspite of there being no evidence against the detenue and without any Order of Remand, the detenue is in custody, illegally.”

Gauhati High Court
Case BriefsHigh Courts

The foreigner had been arrested in 2020 and convicted in 2021 for entering into India without any valid travel document. However, despite completing his sentence his detention continued.

Madhya Pradesh High Court
Case BriefsHigh Courts

“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”

Coordinate Bench of High Court
Case BriefsSupreme Court

In the matter at hand, the Division Bench of High Court upheld a detention order, which was quashed by a coordinate Bench of the same High Court, based on same grounds and material relied.

Kerala High Court
Case BriefsHigh Courts

“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”

allahabad high court
Case BriefsHigh Courts

Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law

delhi high court
Case BriefsHigh Courts

“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”

delhi high court
Case BriefsHigh Courts

The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.

delhi high court
Case BriefsHigh Courts

A punishment of censure which is not likely to have any effect on the career of the police officers will not be a sufficient deterrent to the officer. The censure should be of such nature that other officers too must not emulate such actions in future.