Supreme Court of India Judgements

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Category: Bhartiya Nagrik Suraksha Sanhita

Bail Granted Bhartiya Nagrik Suraksha Sanhita Cr P C

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 528 — Penal Code, 1860 (IPC) — Sections 376, 376(2)(n), and 507 — Allegation of rape based on false promise of marriage — Relationship continued for three years; physical relations established multiple times — Complainant, an educated and married woman, engaged in the relationship voluntarily and without protest or complaint until the break-up — Lodging of FIR three months after the last physical contact, subsequent to the appellant refusing a demand for money — Held, the relationship was consensual; physical intimacy in a long-standing, functioning relationship, which later turns acrimonious, cannot be retrospectively branded as rape — Refusal to fulfill a monetary demand led to the institution of criminal proceedings, amounting to an abuse of the court machinery — FIR and Charge-sheet quashed. (Paras 6, 7, 9, 16, 23, 28, 29, 32, 33, 40, 41)

Nov 30, 2025 sclaw

2025 INSC 1351 SUPREME COURT OF INDIA DIVISION BENCH SAMADHAN S/O SITATRAM MANMOTHE Vs. STATE OF MAHARASTHRA AND ANOTHER ( Before : B.V. Nagarathna and R. Mahadevan, JJ. ) Criminal…

Advocates Act Bhartiya Nagrik Suraksha Sanhita Constitution

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — Section 179 — Summoning of Advocate by Investigating Agency — Advocate representing accused cannot be summoned directly to elicit case details as it violates advocate-client privilege and constitutional rights of the accused, unless specific exceptions under Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) apply.

Nov 2, 2025 sclaw

2025 INSC 1275 SUPREME COURT OF INDIA 3 JUDGES BENCH IN RE: SUMMONING ADVOCATES WHO GIVE LEGAL OPINION OR REPRESENT PARTIES DURING INVESTIGATION OF CASES AND RELATED ISSUES. ( Before…

Bhartiya Nagrik Suraksha Sanhita Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 (Corresponding to Bharatiya Nagarika Suraksha Sanhita, 2023, Section 528) — Inherent power of High Court — Recall or review of own judgment — Criminal courts do not have the power to recall or review their own judgments, except for correcting clerical errors under Section 362 CrPC (Section 403 BNSS) — Invoking inherent powers to bypass statutory bars is impermissible — High Court reviewing its earlier order dismissing a petition as withdrawn, under the guise of correcting a clerical error, is illegal and without jurisdiction.

Oct 11, 2025 sclaw

2025 INSC 1205 SUPREME COURT OF INDIA DIVISION BENCH STATE OF RAJASTHAN Vs. PARMESHWAR RAMLAL JOSHI AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal…

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Contempt

Contempt of Courts Act, 1971 — Sections 2(c), 12, 19 — Criminal Contempt — Power to Punish and Forgive — The power to punish for contempt carries the concomitant power to forgive when the contemnor demonstrates genuine remorse and repentance, making the extension of mercy an integral part of judicial conscience — Contempt jurisdiction is neither a personal armour for Judges nor a sword to silence criticism — Court must treat the acknowledgment of contrition as a virtue and extend forgiveness where the contemnor sincerely acknowledges the lapse and seeks to atone for it. (Para 1)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 9 — Corporate Insolvency Resolution Process (CIRP) — Application by Operational Creditor — Pre-existing Dispute — Adjudicating authority must determine if operational debt exists, if non-payment has occurred, and if a dispute existed prior to the demand notice (Section 8) — Dispute must be genuine, substantial, and not spurious, hypothetical, or illusory (mere ‘moonshine’ or ‘bluster’) — Court is not required to examine the merits of the dispute or satisfy itself that the defence is likely to succeed. (Paras 15, 16, 19)

Dec 13, 2025 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 (IBC) — Section 62 — Liquidation Process — Sale of Assets — Appeals against NCLAT majority decision confirming forfeiture of amount paid by bidder — Private sale requiring Adjudicating Authority’s prior approval — Regulation 33(2)(d) of IBBI (Liquidation Process) Regulations, 2016 — Where liquidator seeks NCLT approval for private sale after failed auctions and decision to sell at scrap value, the sale falls under Regulation 33(2)(d) and not Regulation 33(2)(c) (sale at price higher than reserve price of failed auction) — Contention that sale was purely a contract governed by Indian Contract Act, 1872, rejected. (Paras 12, 16, 19)

Dec 13, 2025 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Sections 29A(1), 29A(4), 29A(6), 23(4) — Time limit for arbitral award — Termination of mandate — Substitution of Arbitrator — Section 29A aims for time-bound disposal of arbitration proceedings — An award in non-international commercial arbitration must be made within twelve months from completion of pleadings (Section 23(4)) — If the award is not made within the initial twelve months or the extended six months (by consent), the arbitrator’s mandate terminates unless the Court extends the period (Section 29A(4)). (Paras 9, 10, 11)

Dec 13, 2025 sclaw