Indian Penal Code

A collection of 148 posts

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

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

Amol Bhagwan Nehul vs State Of Maharashtra 2025 INSC 782- S.376 IPC - Rape- False Promise To Marry

Indian Penal Code 1860 - Section 376- A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual accused of such a heinous offence. This Court has

Criminal

Aashish Yadav Vs Yashpal 2025 INSC 666 - Ss. 34,302 IPC - Bail

Indian Penal Code 1860 - Sections 34,302 - Bail - Merely because no overt act was attributed to the accused in the First Information Report the same cannot be the sole consideration for grant of bail to these respondents in a serious offence under Section 302 of IPC -

Criminal

Rajesh Chaddha vs State Of Uttar Pradesh 2025 INSC 671 - S. 498A - Dowry Prohibition Act

Indian Penal Code 1860 - Section 498A ; Dowry Prohibition Act - Sections 3,4- In order to meet the threshold of the offences under Section 498A IPC & Sections 3 & 4 of the D.P. Act, 1961, the allegations cannot be ambiguous or made in thin air (Para 8)

Criminal

Umashankar Yadav vs State of Uttar Pradesh 2025 INSC 653 - Ss.195,482 CrPC - Ss. 186,353 IPC

Code of Criminal Procedure 1973 - Section 2(d), 195 - As per explanation in definition clause, a police report disclosing a non-cognizable offence shall be deemed to be a complaint and the police officer shall be deemed to be the complainant. Even then, the legal embargo under section 195

Criminal

Harjinder Singh vs State Of Punjab 2025 INSC 634 - S. 319 CrPC - S.306 IPC - Abetment Of Suicide

Code of Criminal Procedure 1973 - Section 319 [BNSS 2023- Section 358] - Once cognizance is taken and trial commences, the investigating agency’s view yields to the Court’s independent assessment. If, in the midst of that trial, evidence implicating a new participant surfaces, the Court is duty-bound to

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

Shakuntla Devi vs State Of Uttar Pradesh 2025 INSC 581 - S.306 IPC - Abetment Of Suicide - Dowry

Indian Penal Code, 1860 - Section 306 - the offence requires an active act or omission which led the deceased to commit suicide, and this act or omission must have been intended to push the deceased into committing suicide. [Context:While upholding the conviction of the accused-mother in law, SC

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

State Of Himachal Pradesh vs Sanjay Kumar 2025 INSC 561 - Rape Case - Acquittal

Summary: SC upheld acquittal of accused in rape case and observed: there is material contradiction in the statement of the Prosecutrix as to the date of commission of rape. 2025 INSC 561 State Of Himachal Pradesh vs Sanjay Kumar - Rape Case - Acquittal2025 INSC 561 State Of Himachal Pradesh

Criminal

Muppidi Lakshmi Narayana Reddy Vs State Of Andhra Pradesh 2025 INSC 562 - S.498A IPC - Dowry Prohibition Act

Indian Penal Code 1860 - Section 498A - Dowry Prohibition Act - The practice of involving the relatives of the husband in dowry related matters deprecated - Criminal case quashed. 2025 INSC 562 Muppidi Lakshmi Narayana Reddy Vs State Of Andhra Pradesh - S.498A IPC - Dowry Prohibition Act2025

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

Janshruti (People's Voice) vs Union Of India 2025 INSC 536 - S. 498A IPC - Constitutional Validity Upheld

Indian Penal Code 1860 - Section 498A : Bharatiya Nyaya Sanhita, 2023 - Section 84 - Constitutional Validity upheld -While it is acknowledged that certain individuals may face hardship due to the misuse of the provision, it is equally important to look beyond these instances and recognize that the provision serves

Criminal

Rikhab Birani vs State Of Uttar Pradesh 2025 INSC 512 - Criminal Proceedings - Civil Remedies

Indian Penal Code 1860 - Section 415-420 - Merely on the allegation of failure to keep a promise will not be enough to initiate criminal proceedings. Thus, the dishonest intention on the part of the party who is alleged to have committed the offence of  cheating should be established at

Criminal

Sushila vs State Of UP 2025 INSC 505 - S. 498A IPC - Implicating Husband's Relatives

Indian Penal Code 1860 - Section 498A ; Dowry Prohibition Act - Practice of involving the relatives of the husband in dowry related matters deprecated. (Para 10-12) 2025 INSC 505 Sushila vs State Of UP - S. 498A IPC - Implicating Husband's Relatives2025 INSC 505 Sushila vs State Of

Criminal

State Of Himachal Pradesh vs Shamsher Singh 2025 INSC 503 - S. 307 IPC

Indian Penal Code 1860- Section 307 - To attract Section 307 IPC, it is not necessary that the hurt should be grievous or of any particular degree. If hurt of any nature is caused and it is proved that there was intention or knowledge to cause death, Section 307 IPC

Criminal

R. Baiju vs State of Kerala 2025 INSC 488 - S.120B IPC - Conspiracy

Indian Penal Code 1860 - Section 120B,149- By the very nature of the offence of conspiracy, being hatched in secrecy, no evidence of the common intention of the conspirators can be normally produced before Court. The offence can be proved largely by inferences from the acts committed or words

Criminal

Biswajyoti Chatterjee vs State Of West Bengal 2025 INSC 458 - Rape - Promise To Marry

Indian Penal Code 1860 - Section 376 - There is a growing tendency of resorting to initiation of criminal proceedings when relationships turn sour. Every consensual relationship, where a possibility of marriage may exist, cannot be given a colour of a false pretext to marry, in the event of a

Criminal

Maukam Singh vs State Of Madhya Pradesh 2025 INSC 435 - S. 302 IPC- Murder - Deadly Nature Of Weapons

Indian Penal Code 1860 - Section 302- While upholding murder conviction, SC observed: The fatal injury caused on the deceased was by a blow to the head; a vital part of the body, with the reverse side of an axe. The intention thus is clear, from the deadly nature of

Criminal

Manish vs State of Maharashtra 2025 INSC 430 - S. 415 IPC - Dishonest Intention - Breach Of Promise To Repay

Indian Penal Code 1860 - Section 415- Mere breach of promise to repay per se does not infer dishonest intention (Para 17) -Failure to pay due to unfortunate business losses cannot be clothed with culpability and the process of criminal law utilized to recover outstanding dues (Para 19) - In

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

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

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