Tuhin Kumar Biswas @ Bumba vs State of West Bengal; 2025 INSC 1373 - Civil Disputes - Criminal Cases

Code of Criminal Procedure 1973 - Section 227,228 - Principles to be kept in mind by the Court while deciding an application seeking discharge - At the stage of discharge, a strong suspicion suffices. However, a strong suspicion must be found on some material which can be translated into evidence at the stage of trial. (Para 17) Where there is a pending civil dispute between the parties, the Police and the Criminal Courts must be circumspect in filing a chargesheet and framing charges respectively. In a society governed by rule of law, the decision to file a chargesheet should be based on the Investigating Officer's determination of whether the evidence collected provides a reasonable prospect of conviction. The Police at the stage of filing of Chargesheet and the Criminal Court at the stage of framing of Charge must act as initial filters ensuring that only cases with a strong suspicion should proceed to the formal trial stage to maintain the efficiency and integrity of the judicial system. The tendency of filing chargesheets in matters where no strong suspicion is made out clogs the judicial system. It forces Judges, court staff, and prosecutors to spend time on trials that are likely to result in an acquittal. This diverts limited judicial resources from handling stronger, more serious cases, contributing to massive case backlogs. Undoubtedly, there can be no analysis at the charge framing stage as to whether the case would end in conviction or acquittal, but the fundamental principle is that the State should not prosecute citizens without a reasonable prospect of conviction, as it compromises the right to a fair process. (Para 28)

Indian Penal Code 1860 - Section 341 -The ingredients essential to constitute an offence of wrongful restraint are that there should be an obstruction which prevents a person from proceeding in any direction in which the person has a right to proceed. The exception to the offence of wrongful restraint provides that no offence of wrongful restraint is committed if the person alleged of obstruction, in good faith, believes that he has a lawful right to obstruct. Therefore, the evidence required to establish the offence of wrongful restraint is that the person alleging obstruction has a right to proceed in such direction and the person obstructing has no lawful right to cause obstruction. (Para 24) Section 506 -In order to constitute an offence of criminal intimidation punishable under Section 506 of IPC, it must be shown that the person charged, threatened another with injury to his person, reputation or property or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm. (Para 22) - Section 354C -Voyeurism as an act of a man watching or capturing the image of a woman engaging in a ‘private act’ in circumstances where she would usually have the expectation of not being observed. ‘Private act’ has been defined in Explanation 1 as an act including “an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim's genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public.” (Para 19)