Category: Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Abuse of Process of Court — Discharge of Accused — Vague Allegations — Where allegations in FIR and charge sheet are general and do not specify the role of the accused, continuation of criminal proceedings amounts to abuse of process of court and may cause prejudice.

2026 INSC 510 SUPREME COURT OF INDIA DIVISION BENCH SUSANTA KUMAR DALEI @ SUSANTA KUMAR DALAI Vs. STATE OF ODISHA (VIGILANCE) ( Before : Pankaj Mithal and Prasanna B. Varale,…

Criminal Procedure Code, 1973 (CrPC) — Sections 439 and 483 BNSS — Bail Jurisdiction — Power to issue directions — High Court, while exercising bail jurisdiction, cannot issue directions that extend beyond the scope of the bail application and impinge upon the statutory powers of other authorities or create new systems for accountability, as this would amount to an error of jurisdiction.

2026 INSC 511 SUPREME COURT OF INDIA DIVISION BENCH RAMBALAK Vs. STATE OF U.P ( Before : Sanjay Karol and Prasanna B. Varale, JJ. ) Criminal Appeal No…..of 2026 (@…

Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review.

2026 INSC 490 SUPREME COURT OF INDIA DIVISION BENCH ROHIT CHATURVEDI Vs. STATE OF UTTARAKHAND AND OTHERS ( Before : B.V. Nagarathna and Ujjal Bhuyan, JJ. ) Writ Petition (Criminal)…

. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of Criminal Proceedings — High Court’s power to quash — Allegations in complaint, even if taken at face value, do not prima facie constitute any offence or make out a case against the accused — High Court failed to exercise its power under Section 482 CrPC

2026 INSC 481 SUPREME COURT OF INDIA DIVISION BENCH NARAYANA HEALTH AND OTHERS Vs. THE STATE OF WEST BENGAL AND OTHERS ( Before : Pamidighantam Sri Narasimha and Alok Aradhe,…

Criminal Procedure Code, 1973 (CrPC) — Investigation and Chargesheet Filing — Interim order restraining police from filing chargesheet is unsustainable if based on misinterpretation of law regarding High Court’s power under Article 226 and Section 528 of BNSS — Investigation may continue, but further steps depend on legal applicability of quashing provisions.

2026 INSC 482 SUPREME COURT OF INDIA DIVISION BENCH SHRIKANT OJHA Vs. STATE OF UP AND OTHERS ( Before : J.K. Maheshwari and Atul S. Chandurkar, JJ. ) Criminal Appeal…

Criminal Procedure Code, 1973 — Section 161 — Evidence Act, 1872 — Section 157 and 145 — Hostile Witness — Evidence of a hostile witness remains admissible and can be accepted to the extent that their version is found dependable on careful scrutiny, and can be used to acquit the accused if it inspires credibility when read with other evidence — Such evidence can be employed to discredit the prosecution case.

2026 INSC 486 SUPREME COURT OF INDIA DIVISION BENCH TALARI NARESH Vs. THE STATE OF TELANGANA ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal Appeal No…..of…

Criminal Procedure Code, 1973 (CrPC) — Registration of FIR — Mandatory upon disclosure of cognizable offence (Lalita Kumari v. Govt. of U.P.) — No preliminary inquiry generally permissible — Remedies for non — registration under Section 154(3) and 156(3) are efficacious.- Magistrate’s power to direct FIR registration and investigation is pre-cognizance — Sanction under Sections 196 & 197 CrPC operates at cognizance stage, not investigation stage.

SUPREME COURT OF INDIA DIVISION BENCH ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Writ Petition (Civil) No. 943…

Criminal Procedure Code, 1973 (CrPC) — Anticipatory Bail — Power of Court to Direct Surrender — When an anticipatory bail application is rejected, the court does not have the jurisdiction to direct the petitioner to surrender — The rejection of anticipatory bail means that an application for pre-arrest bail has been denied, and the subsequent steps regarding arrest and regular bail should follow the normal procedure as per law.

SUPREME COURT OF INDIA DIVISION BENCH OM PRAKASH CHHAWNIKA @ OM PRAKASH CHABNIKA @ OM PRAKASH CHAWNIKA Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : J.B. Pardiwala and…

Penal Code, 1860 (IPC) — Sections 498A and 494 read with Section 34 — Cruelty and bigamy — Family members of husband — Allegations against in-laws must disclose specific acts of demand, threat, or physical assault, not mere generalised statements of presence or encouragementPenal Code, 1860 (IPC) — Section 494 — Bigamy — Liability for bigamy does not extend to persons other than the spouse who contracted the second marriage, unless there is evidence of their active participation, facilitation, or encouragement of the marriage — Mere knowledge of the second marriage is insufficient.

2026 INSC 412 SUPREME COURT OF INDIA DIVISION BENCH SIVARAMAN NAIR AND OTHERS Vs. STATE OF KERALA AND ANOTHER ( Before : Sanjay Karol and Augustine George Masih, JJ. )…

Penal Code, 1860 (IPC) — Section 306 — Abetment of Suicide — Essential Ingredients — For a charge under Section 306, the prosecution must prove that the accused contributed to the suicide through a direct or indirect act of instigation or incitement — This act must reveal a clear intention (mens rea) to abet suicide and leave the victim with no other option — The act of instigation must be in close proximity to the suicide and form a direct nexus, indicating the suicide was a direct result of the instigation.

2026 INSC 375 SUPREME COURT OF INDIA DIVISION BENCH BALAJI JAISWAL Vs. STATE OF CHATTISGARH AND ANOTHER ( Before : K.V. Viswanathan and Atul S. Chandurkar, JJ. ) Criminal Appeal…

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