Criminal

A collection of 337 posts

Criminal

Brijesh Singh vs State Of U.P - Dowry Death Acquittal Upheld

Constitution of India - Article 136 - Criminal Appeal - Interference in an appeal against acquittal should be made only if the view taken by the Court/s below is perverse or if no two views are possible and the only logical conclusion from the evidence is to record the

Criminal

Lal Mohd. vs State Of U.P. 2025 INSC 811 - UP Gangsters Act

Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 - Section 2(b) - A group of persons may be said to constitute a gang only when they, either singly or collectively, indulge in any of the anti-social activities enumerated in Clauses (i) to (xv) of Section 2(b), by

Criminal

Amlesh Kumar vs State Of Bihar 2025 INSC 810 - Accused’s Right To Voluntarily Undergo Narco Analysis Test

💡Does an accused have a right to voluntarily undergo a narco- analysis test ? Criminal Trial - The accused has a right to voluntarily undergo a narco- analysis test at an appropriate stage. We deem it appropriate to add, that the appropriate stage for such a test to be conducted is

Criminal

G.V. Adhimoolam vs Inspector Of Police 2025 INSC 681 - S.420 IPC - Cheating

Indian Penal Code 1860 - Section 420 - For invocation of the offence punishable under Section 420 IPC, it is imperative that the accused should have induced the victim to part with valuable security and that such inducement should at the inception been made with the intention to defraud the

Criminal

Dhanya M vs State Of Kerala 2025 INSC 809 - Preventive Detention - KAAPA

💡What is the scope of power of preventive detention? Constitution of India - Article 21, 22(3) -The provision for preventive detention is an extraordinary power in the hands of the State that must be used sparingly. It curtails the liberty of an individual in anticipation of the commission of

Criminal

Abhishek Singh vs Ajay Kumar 2025 INSC 807 - S.482 CrPC - Scope Of Quashing Power

💡In Section 482 CrPC petition seeking quashing, can HC examine whether the charges may hold up in the Court? Code of Criminal Procedure 1973 - Section 482 - [Section 528 BNSS]- The task of the High Court, when called upon to adjudicate an application seeking to quash the proceedings,

Criminal

Balaji Traders vs State Of U.P 2025 INSC 806 - S.387 IPC - Extortion

💡To attract Section 387 IPC, should extortion be committed while putting a person in fear of death or grievous hurt? Indian Penal Code 1860 - Section 387 [Section 308(4) IPC] Nowhere does the Section say that extortion has to be committed while putting a person in fear of death

Criminal

Celestium Financial vs A. Gnanasekaran 2025 INSC 804 - S.372 CrPC - Victim's Right To Appeal - Cheque Bounce Cases

💡 If the victim of an offence is a complainant, can he/she prefer an appeal under the proviso to Section 372 CrPC? Code of Criminal Procedure 1973 - Sections 372,378 [Section 413,419 BNSS] - The victim of an offence has the right to prefer an appeal under the

Criminal

State vs Eluri Srinivasa Chakravarthi 2025 INSC 758 - Discharge - Accused’s Right To File Material Or Documents

Code of Criminal Procedure 1973 - Section 227,239 [Section 250,262 BNSS]- Accused at the stage of framing of charge does not have a right to file material or documents- only the chargesheet along with accompanying materials are to be considered at the stage of framing of charges,

Criminal

Nagarajan vs State Of Tamil Nadu 2025 INSC 802 - CrPC - Appeal Against Conviction - Suo Motu Revision

💡Can HC enhance sentence while disposing appeal filed by convict? Code of Criminal Procedure 1973 - Section 374,386, 401 [Section 415,427,442 BNSS] In an appeal filed by the accused/convict and in the absence of any appeal filed by the victim, complainant or the State, the High

Criminal

Ghanshyam Soni vs State (Govt. Of NCT Of Delhi) 2025 INSC 803 - S.468 CrPC - S.498A IPC Misuse

Code of Criminal Procedure 1973 - Section 468 [Section 514 BNSS] -For the computation of the limitation period under Section 468 CrPC the relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance

Criminal

Vaibhav vs State Of Maharashtra 2025 INSC 800 - Gunshot Cases - Circumstantial Evidence - Motive

Criminal Trial - Gunshot cases -In gunshot cases wherein the nature of death – suicidal, accidental or homicidal – is not ascertainable from direct evidence, multiple factors are taken into account for arriving at a conclusion. Such factors include, but are not limited to, the point of entrance, the size of wound,

Criminal

Tr. A. Babu vs State Of Tamil Nadu 2025 INSC 799 - Bail

Bail - SC allows an application for bail/suspension of sentence filed by accused by observing thus - In the facts and circumstances noted above and considering the fact that the appellant by way of repentance has volunteered to deposit an enhanced fine of Rs. 5 crores, we hereby direct

Criminal

Pintu Thakur @ Ravi vs State Of Chhattisgarh 2025 INSC 797 - POCSO Case - Sentence Reduced

POCSO Act - While modifying sentence of POCSO convict from imprisonment for life to twenty years, SC observed: The minimum sentence under Section 6 of the POCSO Act is twenty years. Bearing in mind the fact that the appellants herein were in their early twenties when the incident took place

Criminal

Baljinder Singh Alias Aman vs State Of Punjab 2025 INSC 796 - Murder Case - Bail Order Set Aside

Bail - While setting aside HC order granting bail to murder accused, SC observed: It may be a fact that the respondent-accused(s) may have carried the injured victim, who later died, to the Hospital but he was actually brought dead to the hospital. This fact will have to be

Criminal

Sanjay Kumar Jangid vs Mukesh Kumar Agarwal - S. 439 CrPC - Cancellation Of Bail

Code of Criminal Procedure 1973- Section 439 - [Section 483 BNSS] -Bail once granted should not be cancelled in a mechanical manner unless any supervening circumstances have rendered it no longer conducive to a fair trial to allow the accused to enjoy the concession of bail during the trial- Referred

Criminal

Shrichand Rajaram Kukreja vs State Of Maharashtra 2025 INSC 794 - Quashing - Civil Disputes - Criminal Cases

Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS] - Attempts of the over-zealous litigants in trying to settle their civil disputes by misusing the police machinery and resorting to criminal proceedings- While quashing a criminal case, SC observed: the admitted facts as available on record reveal that

Criminal

Chetan vs State Of Karnataka 2025 INSC 793 - Ss.8,27 Evidence Act-Motive, Reasonable Doubt, Circumstantial Evidence - S.313 CrPC

Indian Evidence Act 1872 - Section 8 - [ Section 6 BSA] - Mere absconding by itself does not constitute a guilty mind as even an innocent man may feel panicky and may seek to evade the police when wrongly suspected of being involvement as an instinct of self-preservation. But the

Criminal

State Of U.P. vs Rajesh Patel 2025 INSC 692 - NDPS Act

NDPS Act -SLP dismissed - Referred to Gaunter Edwin Kircher v. State of Goa and observed: The cited decision was a case in which two packets of Ganja, one weighing 5 grams and the other 7 grams were seized and the packet weighing 5 grams alone was sent for chemical

Criminal

In Re: Right To Privacy Of Adolescents 2025 INSC 778 - POCSO Conviction Upheld - No Jail Sentence

POCSO Act - SC refused to award jail sentence a POCSO convict and observed: she is at a stage where she is desperate to save her husband. Now, she is emotionally committed to the accused and has become very possessive of her small family- If we send the accused to

Criminal

Sakhawat vs State of Uttar Pradesh 2025 INSC 777 - Trial Court Records Not To Be Called LCR

Practice and Procedure - The record of the Trial Court should not be referred to as “Lower Court Record”. Describing any Court as a “Lower Court” is against the ethos of our Constitution. (Para 25) Criminal Investigation - The Police are under an obligation to carry out a fair investigation.

Criminal

Sameer Sandhir vs Central Bureau of Investigation 2025 INSC 776 - Production Of Addl. Documents By Prosecution

Code of Criminal Procedure - If there is an omission on the part of the prosecution in forwarding the relied upon documents to the learned Magistrate, even after the chargesheet is submitted, the prosecution can be permitted to produce the additional documents which were gathered prior to or subsequent to

Criminal

Agniraj vs State 2025 INSC 774 - Art. 136 Constitution - Appeal From Conviction

Constitution of India - Article 136 - In appropriate cases, this Court can interfere with the concurrent findings of the Courts when the assessment of evidence is vitiated by misreading of the evidence. However, this should be done in rare and exceptional cases of manifest illegality- Appeal against conviction -

Criminal

Kasireddy Upender Reddy vs State Of Andhra Pradesh 2025 INSC 768 - Art.22(1) Constitution - Communication Of Grounds Of Arrest

Constitution of India - Article 22(1) - For the purposes of Clause (1) of Article 22, it is not necessary for the authorities to furnish full details of the offence. However, the information should be sufficient to enable the arrested person to understand why he has been arrested. The

Criminal

Vinod Bihari Lal vs State Of Uttar Pradesh 2025 INSC 767 - UP Gangsters Act - S. 482 CrPC - Criminal Antecedents

Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986 - The satisfaction of the approving authority is sine qua non for taking action under the Act of 1986. It is indispensable for the approving authority to record his satisfaction in his own words, to indicate application of mind before approving