Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

District Appropriate Authority vs Kaushik Babulal Shah 2025 INSC 637 - S. 29 PC & PNDT Act - S.451 CrPC

Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 - Section 29,30 - There is no prescription of a specified period for which such record needs to be preserved. The words used in Section 29(1) are either ‘two years’ or ‘as may be prescribed’, and in Section 29(2) the

Criminal

Akhilesh vs State Of Uttar Pradesh 2025 INSC 431 - S. 319 CrPC

Code of Criminal Procedure 1973- Section 319 CrPC - powers under Section 319 CrPC1 are wide and if, during the trial or inquiry, any person, who appears to be involved in the commission of a crime but not brought before the Court as an accused, can be summoned by the

Criminal

Ashutosh Pathak vs State Of Uttar Pradesh 2025 INSC 534 - S.311 CrPC - Successive Application For Recalling Witness

Code of Criminal Procedure 1973 - Section 311 - The power is to be exercised only for strong and valid reasons and it should be exercised with great caution and circumspection. The court has vide power under this section to even recall witnesses for re-examination or further examination, necessary in

Criminal

Ashok Kumar Jain vs State Of Gujarat 2025 INSC 614 - S.482 CrPC - Quashing - Civil Disputes

Code of Criminal Procedure 1973 - Section 482 - While quashing an FIR, SC observed : FIR is filed showing that the appellant- accused had an intention to cheat and commit breach of trust. The documents belie the allegations in the FIR - A mere civil dispute has been given the

Criminal

Shenbagavalli vs Inspector Of Police 2025 INSC 607 - S. 306 IBC - Abusive Language - Abetment Of Suicide

Indian Penal Code 1860 - Section 306- Merely because the act of an accused is highly insulting to the deceased by using abusive language would not by itself constitute abetment of suicide. There should be evidence suggesting that the accused intended by such act to instigate the deceased to commit

Criminal

Renuka vs State of Karnataka 2025 INSC 596- S. 498A IPC - S. 482 CrPC - Inconsistent Decisions

Indian Penal Code 1860 - Section 498A - Offences involving cruelty on wife would invariably arise out of matrimonial disputes. Accordingly, pendency of matrimonial proceeding between the parties cannot per se lead to an inference that institution of criminal proceeding alleging assault supported by medical evidence and independent witness is

Criminal

Punit Beriwala vs State Of NCT Of Delhi 2025 INSC 582 - S.482 CrPC - Civil Dispute

Code of Criminal Procedure 1973 - Section 482- Mere institution of civil proceedings is not a ground for quashing the FIR or to hold that the dispute is merely a civil dispute - Simply because there is a remedy provided for breach of contract, that does not by itself clothe

Criminal

Shambhu Choudhary vs State Of Bihar - S. 313 CrPC

Code of Criminal Procedure 1973 - Section 313- It is a duty of the Court to explain to the accused the circumstances appearing against him in the evidence. There is a difference between “circumstances appearing in the evidence against the accused” and “case of the prosecution in brief”- It

Criminal

Chunni Bai vs State Of Chhattisgarh 2025 INSC 577 - S.84 IPC - Insanity - Murder - S. 165 Evidence Act

Indian Penal Code 1860 - Section 84 -What Section 84 IPC provides is legal insanity as distinguished from medical insanity. A person is said to be of unsound mind on whom criminal liability cannot be fastened if at the time of commission of the act, he is incapable of knowing

Criminal

K. P. Tamilmaran vs State 2025 INSC 576 - FIR - Hostile Witness - S. 165 Evidence Act - Honour Killing

Code of Criminal Procedure 1973 - Section 154 - Even in the absence of a formal informant, the police is duty-bound to register the case whenever they receive any information regarding the commission of a cognizable offence. (Para 69) Indian Evidence Act 1872 - Section 165 ; Code of Criminal Procedure

Criminal

Aaditya Khaitan @ Aditya Khaitan vs State of Jharkhand 2025 INSC 575 - S. 482 CrPC - Financial Transactions

Code of Criminal Procedure 1973- Section 482- a complaint can be quashed when the allegation made in the complaint, even when taken on its face value and accepted in its entirety, do not prima facie constitute any offence or make out the case alleged against the accused. What is required

Criminal

Central Bureau Of Investigation vs Surendra Patwa 2025 INSC 572 - FIR - Natural Justice - Administratve Action

Criminal Investigation - The principles of natural justice are not applicable at the stage of reporting a criminal offence. It has further been clarified that providing an opportunity of being heard prior to the commencement of a criminal action (i.e. registration of an FIR), would frustrate the very purpose

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Dinesh Sharma vs EMGEE Cables And Communication Ltd. 2025 INSC 571 - S. 482 CrPC - Economic Offences

Code of Criminal Procedure 1973 -Section 482- Though the High Court has unfettered powers conferred by the CrPC for exercising its inherent jurisdiction under Section 482., the same is expected to be used very sparingly and only in exceptional circumstances. There cannot be any straight jacket formula as to when

Criminal

Ayyub Ali vs State Of Uttar Pradesh 2025 INSC 568 - CrPC - Framing of Charge

Code of Criminal Procedure 1973 - Framing of Charge - Court undoubtedly has the power to sift through and weigh the evidence for the limited purpose of finding out whether or not a prima facie case is made out. When the materials placed before the Court disclose a grave suspicion,

Code Of Criminal Procedure 1973: Bharatiya Nagarik Suraksha Sanhita 2023

Tehseen Poonawalla vs State Of Haryana - S.482 CrPC - Costs On Accused After Quashing

Code of Criminal Procedure 1973 - Section 482 - Bombay HC quashed criminal proceeding against the accused but imposed costs on him- Allowing appeal, SC observed: After holding that no offence was made out against the appellant, there was no question of imposing costs upon the appellant and the other

Family Law

Shahjahan vs State Of Uttar Pradesh 2025 INSC 528 - S.125 CrPC - Date Of Awarding Maintenance - Sharia Court

Code of Criminal Procedure 1973- Section 125- Section 125 of the Code is a beneficial piece of legislation which has been enacted to protect the wife and children from destitution and vagrancy and, in the usual course, it would not be appropriate to disadvantage the applicant for the delay in

Criminal

Pramila Devi vs State Of Jharkhand 2025 INSC 560 - S. 204 CrPC

Code of Criminal Procedure 1973 - Section 190 - The scope of the exercise of application of mind on the police papers/case diary for deciding as to whether to take cognizance or not - it has only to be seen whether there is material forthcoming to indicate commission of

Criminal

Ramyash @ Lal Bahadur vs State Of Uttar Pradesh 2025 INSC 544 - S. 362 CrPC - Modification Of Conviction

Code of Criminal Procedure 1973 - Section 362- What would fall within the meaning of a clerical and arithmetical error discussed- Quoted from Sooraj Devi v. Pyare Lal: A clerical or arithmetical error is an error occasioned by an accidental slip or omission of the court. It represents that which

Criminal

Superintendent Of Prison vs Venkatesan @ Senu @ Srinivasan @ Baskaran @ Radio @ Prakasam 2025 INSC 541 - S. 428 CrPC - Interpretation - Referred to Larger Bench

Code of Criminal Procedure 1973 - Section 428 - The words ‘of the same case’- Interpretation of Section 428, Cr. PC is not found to be consistent and an authoritative decision seems to be the need of the hour - Referred to larger bench. (Para 10 -29) Precedents- Consistency,

Criminal

Chellammal vs State 2025 INSC 540 - S.4 Probation of Offenders Act - Ss. 360,361 CrPC - S. 498A IPC

Probation of Offenders Act, 1958 - Section 4 - Unless applicability is excluded, in a case where the circumstances stated in sub- section (1) of Section 4 of the Probation Act are attracted, the court has no discretion to omit from its consideration release of the offender on probation; on

Criminal

Aejaz Ahmad Sheikh vs State of Uttar Pradesh 2025 INSC 529 - S. 313 CrPC

Code of Criminal Procedure 1973- Section 313 : Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 351- When vital prosecution evidence is not put to the accused in statement under Section 313 of the CrPC, the Court becomes helpless, as due to the long lapse of time, the defect cannot be cured

Criminal

Balram Dangi vs Veer Singh Dangi - S. 389 CrPC - Suspension Of Sentence - Murder Case

Code of Criminal Procedure 1973 - Section 389; Indian Penal Code 1860 - Section 302 - The reason that the Appeals were not likely to be heard in near future also would not be a valid ground for suspending the sentence of the accused, who have been convicted for the

Criminal

B.S. Yeddiyurappa vs A. Alam Pasha 2025 INSC 515 - S.156(3) - Cognizance Taking

Code of Criminal Procedure 1973 - Section 156(3) - The petition raised this issue : Whether, while directing an investigation in terms of provisions under Section 156(3) of the CrPC, the Magistrate is applying his mind. In other words, whether the Magistrate takes ‘cognizance at that stage’? - Tagged

Criminal

D.B. Ravikumar vs G.S. Suresh 2025 INSC 514 - S. 482 CrPC -Quashing Power

Code of Criminal Procedure 1973 - Section 482 - While allowing the appeal, SC observed: The High Court could not have prematurely scuttled the entire investigation on the ground that the complainant/appellant, D.B. Ravikumar, sought to prosecute Respondent No. 1, G.S. Suresh, primarily because he held the

Criminal

Kamal vs State Of Gujarat 2025 INSC 504 - S. 482 CrPC -Quashing Power- Matrimonial Disputes

Code of Criminal Procedure 1973 - Section 482 -In matters arising from matrimonial disputes, particularly where the allegations are levelled after many years of marriage and, that too, after one party initiates divorce proceeding against the other, the Court must be circumspect in taking the allegations at their face value.