February 22, 2026 9:08 pm

Mens Rea As Intent Not Required In Medical Negligence Cases

Bysclaw

Aug 8, 2021

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Penal Code, 1860 (IPC) — Sections 306 and 309 — Abetment of suicide and attempt to commit suicide — Suicide pact — Mutual encouragement and reciprocal commitment to die together — Survivor’s participation acts as a direct catalyst for the deceased’s actions — Psychological assurance or instigation, if intentional and directly related to the commission of offence, constitutes abetment — Each participant’s resolve to commit suicide is reinforced and strengthened due to the other’s participation — Suicide in a pact is conditional upon mutual participation — Assisting in ending life is a crime against the state.

Feb 22, 2026 sclaw

Penal Code, 1860 (IPC) — Sections 307, 326, 324 — Conviction for causing life-threatening injuries — High Court reducing sentence to period already undergone and enhancing fine — Supreme Court held High Court acted in defiance of law and created a travesty of established criminal jurisprudence by relying on irrelevant factors like time elapsed and death of victim by other persons, without proper reasoning — Such reduction undermines the deterrent effect of punishment and erodes public confidence in the justice system.

Feb 22, 2026 sclaw

Dying Declaration I P C

Penal Code, 1860 (IPC) — Section 302 — Murder — Dying declaration — Admissibility and weight — A dying declaration can be the sole basis for conviction if it is voluntary, truthful, and reliable, even without corroboration. The court must scrutinize it carefully for tutoring or manipulation and consider the declarant’s opportunity to observe and identify the assailant and their fitness to make the statement.

Jan 18, 2026 sclaw

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Insolvency and Bankruptcy Code, 2016 — Section 14, Section 238 — Telecom laws — Spectrum — Nature of — Can spectrum, even if treated as an asset in corporate debtor’s books, be subjected to proceedings under IBC? — Held, No. Spectrum is a natural resource, the right to use which is granted by the Government under a licence, not ownership. The IBC cannot override the specific statutory regime governing telecommunications law.

Feb 22, 2026 sclaw

. Cricket Association Rules — Applicability of Supreme Court Judgments — A district cricket association’s rules and bye-laws are not necessarily required to be identical to those of the national cricket governing body (BCCI) based on previous Supreme Court judgments, as the specific rulings in those cases did not mandate such precise conformity for district associations.

Feb 22, 2026 sclaw

Service Law — Regularisation of Services — Casual Workers — Supreme Court held that casual workers who were similarly situated to those whose services had been regularised in previous judgments, should also have their services regularised. The Court noted that the work performed was perennial and fundamental to the functioning of the department, and that excluding these workers amounted to discrimination.

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Criminal Procedure Code, 1973 (CrPC) — Section 438 — Anticipatory Bail — Absconding accused — General rule is that an absconder is not entitled to anticipatory bail, exception being when court is prima facie satisfied that no case is made out against the accused after perusing FIR, case diary, and other materials — Accused absconded for almost six and a half years, threatened victim, had criminal antecedents, and was not traceable — Acquittal of co-accused does not automatically entitle absconding accused to anticipatory bail, as prosecution is not expected to adduce evidence against absconding accused during trial of co-accused — Granting anticipatory bail to an absconding accused sets a bad precedent

Feb 22, 2026 sclaw