Criminal

A collection of 337 posts

Criminal

Gurmail Singh vs State Of Punjab - Ss 299-304 IPC - Death Occurs After A Lapse Of Time

Indian Penal Code 1860 - Section 299,300,302, 304 - There cannot be any stereotypical assumption or formula that in all cases where death occurs after a lapse of time, the offence would be that of culpable homicide not amounting to murder. This court observed that every case has

Criminal

Surepally Srinivas vs State Of Andhra Pradesh 2025 INSC 414 - S. 52A NDPS Act - Non Compliance

Non-Compliance Of Section 52A NDPS Act and Standing Orders

Criminal

Imran Pratapgadhi vs State Of Gujarat 2025 INSC 410 - Ss. 173 BNSS - S.196 BNS - Article 19 Constitution - Freedom of Speech - Preliminary inquiry

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 173(3) ; Constitution of India - Article 19(2) - When an allegation is of the commission of an offence covered by the law referred to in clause (2) of Article 19, if sub- Section (3) of Section 173 is applicable, it is

Criminal

State Of Uttar Pradesh vs Satendra 2025 INSC 409 - Murder Case - Acquittal Reversed

Note: No legal aspects discussed in judgment - SC reversed acquittal of accused in murder case. 2025 INSC 409 State Of Uttar Pradesh vs Satendra - Murder Case - Acquittal Reversed2025 INSC 409 State Of Uttar Pradesh vs Satendra - Murder Case - Acquittal Reversed.pdf98 KBdownload-circleLawLens - AI-Driven Legal

Criminal

Arun vs State Of Madhya Pradesh 2025 INSC 406 - Falsus In Uno, Falsus In Omnibus

Criminal Trial - As the maxim ‘Falsus in uno, falsus in omnibus’ (false in one thing, false in everything) is not part of Indian law and jurisprudence and is, at best, a rule of caution, the entire evidence of these witnesses need not be discarded because some of their statements

Criminal

Aslam Alias Imran vs State Of Madhya Pradesh 2025 INSC 403 - Concurrent Murder Conviction Set Aside - Enmity - False Implication

Criminal Trial - Enmity is a double-edged weapon. On one hand, it provides motive, on the other hand it also does not rule out the possibility of false implication. (Para 22) 2025 INSC 403 Aslam Alias Imran vs State Of Madhya Pradesh - Concurrent Murder Conviction Set Aside - Enmity

Criminal

R. Shashirekha vs State Of Karnataka 2025 INSC 402 - S. 306 IPC - Abetment Of Suicide - S. 482 CrPC - Quashing

Indian Penal Code 1860 - Section 306 - there must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim. The close proximity should be such as to create a clear nexus between the act of instigation and

Criminal

Rekha Sharad Ushir vs Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. 2025 INSC 399 - S. 138 NI Act - S. 200 CrPC - Suppression Of Material Facts

Code of Criminal Procedure 1973 - Section 200 - Negotiable Instruments Act - Section 138 -While filing a complaint under Section 200 of CrPC and recording his statement on oath in support of the complaint, if the complainant suppresses material facts and documents, he cannot be allowed to set criminal

Criminal

State vs G. Easwaran 2025 INSC 397 - Ss. 397, 482 CrPC - Quashing - Sanction

Code of Criminal Procedure 1973 - Section 482 - Sanction - Validity of the sanction is an issue that must be examined during the course of the trial (Para 12)- the validity of the sanction can always be examined during the course of the trial and the problems due

Criminal

Ravinder Kumar @ Raju vs State Of Punjab 2025 INSC 396 - Road Rage

Indian Penal Code 1860 - Section 299-304 -While partly allowing criminal appeal in a road rage case, SC observed: Since the assailants, including the deceased, were not armed and in the midst of a wordy altercation, the accused took out an iron rod and hit one of the assailants on

Criminal

Raju @ Nirpendra Singh vs State Of Madhya Pradesh 2025 INSC 392 - Gang Rape Conviction Upheld

Indian Penal Code 1860 - Section 376 - Once the age of the prosecutrix at the time of the incident is established to be that of minority, the question of consent per se becomes irrelevant and the act shall qualify as statutory rape nevertheless- Subjection to sexual intercourse under fear

Criminal

Deepak Kumar Tala vs State Of Andhra Pradesh 2025 INSC 390 - SC-ST Act - Anticipatory Bail

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 2(1)(r) and 2(1)(s) - When there is no allegation that such statement was made in the presence of members of the general public, Sections 2(1)(r) and 2(1)(s) of the

Criminal

Firoz Khan Akbarkhan vs State Of Maharashtra 2025 INSC 387 - Delay In Recording Witness Statement

Code of Criminal Procedure 1973 - Section 161,164 -Stricto sensu, delay in recording witness statements, moreso when the said delay is explained, will not aid an accused. Of course, no hard-and- fast principle in this regard ought to be or can be laid down, as delay, if any, in

Criminal

State Of Uttar Pradesh vs Dr. Ritu Garg 2025 INSC 385- CBI Investigation

CBI Investigation - SC sets aside Allahabad HC direction to CBI to register a case based on the statement of one Dr. Umakant under Section 161 CrPC and observed : There can be no such direction issued in a bail application. 2025 INSC 385 State Of Uttar Pradesh vs Dr. Ritu

Criminal

Jothiragawan vs State 2025 INSC 386 - Rape On Promise To Marry - Quashing

Indian Penal Code 1860 - Section 376 - Rape case quashed - SC observed: There is no promise of marriage to coerce consent from the victim for sexual intercourse; as forthcoming from the statements made by the victim. The promise if any was after the first physical intercourse and even

Criminal

Amit Kumar vs Union Of India 2025 INSC 384 - Student Suicide - Ss. 154 & 174 CrPC

Code of Criminal Procedure 1973 - Section 154 - In the event of any unfortunate incident, such as a suicide occurring on campus, it becomes their unequivocal duty to promptly lodge an F.I.R. with the appropriate authorities. Such action is not only a legal obligation but also a

Criminal

Sudam Prabhakar Achat vs State Of Maharashtra 2025 INSC 378 - Related Witness Evidence

Criminal Trial - Related Witness - Merely because the witnesses are relatives of the deceased and as such are interested witnesses, that alone cannot be a ground to discard their testimony. The only requirement is that the testimony of such witnesses has to be scrutinized with greater caution and circumspection.

Criminal

State Of Madhya Pradesh vs Shyamlal 2025 INSC 377 - Priority - Huge Criminal Appeal Pendency

Practice and Procedure -Huge pendency of criminal appeals against conviction and acquittal - Considering the pendency of very old criminal appeals, priority is usually given to the hearing of the appeals where the accused are in prison. The appeals against conviction where the accused are on bail take a backseat.

Criminal

State (CBI) vs Mohd. Salim Zargar @ Fayaz 2025 INSC 376 - S.15 TADA - Free Atmosphere

Terrorist and Disruptive Activities (Prevention) Act, 1987 - Section 15 -Confession should be recorded in a free atmosphere. Recording of confessional statements in a heavily guarded BSF camp or in a JIC where the atmosphere for an accused would generally be daunting and overbearing cannot be said to be in

Criminal

Dhirubhai Bhailalbhai Chauhan vs State Of Gujarat 2025 INSC 381 - S 149 IPC - Unlawful Assembly

Indian Penal Code 1860 - Section 149 - Where the evidence on record establishes the fact that a large number of persons were present, it may be safe to convict only those persons against whom overt act is alleged - Plurality test -The conviction could be sustained only if it

Criminal

Ram Kishore Chowdhary vs State Of Uttar Pradesh - Revision - Acquittal Order

Code of Criminal Procedure 1973 - Section 397,401 - The scope of revision application against the order of acquittal is limited, but still it was the duty of the revisional court to examine the record of the Trial Court- In absence of the revision petitioner, the High Court could

Criminal

Tarun Kumar Majhi vs State Of West Bengal - NDPS Act - Seized Vehicles

NDPS Act - To direct the owner not to sell the vehicle till the trial concludes against the accused, would be extremely unfair as no owner can be directed to possess and own the vehicle indefinitely - Seized vehicles can be confiscated by the Trial Court only on conclusion of

Criminal

Gopal Pradhan vs State Of Chhattisgarh - Final Form - Summons To Accused

Code of Criminal Procedure 1973 - Section 173,190- The Court has the power to differ from the Final Form submitted by the Police and take cognizance of a crime and also against persons who may not have been sent up for trial by the Police after investigation. In such

Criminal

Ritesh Kumar vs State Of Bihar - Anticipatory Bail

Code of Criminal Procedure 1973 - Section 438 : Bharatiya Nagarik Suraksha Sanhita 2023- Section 482- Anticipatory Bail - Whenever a Court considers an application for anticipatory bail/bail, it is a composite order and one portion cannot be segregated from the other. Thus, if a Court gives indulgence in one

Criminal

State Of Rajasthan vs Chatra 2025 INSC 360 - Rape Cases - Silence Of Prosecutrix

Indian Penal Code 1860 - Section 375 - If the prosecutrix is unable to testify, or for some justifiable reason remains unexamined, the possibility of conviction is automatically excluded - The testimony of the prosecutrix is present and forms an essential part of the conviction of an accused, but at