Supreme Court of India Judgements

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Category: Cr P C

Cr P C

. 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

May 14, 2026 sclaw

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,…

Cr P C

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.

May 14, 2026 sclaw

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…

Cr P C

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.

May 14, 2026 sclaw

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…

Constitution Cr P C I P C

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.

Apr 30, 2026 sclaw

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…

Anticipatory Bail Cr P C

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.

Apr 27, 2026 sclaw

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…

Cr P C I P C

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.

Apr 27, 2026 sclaw

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. )…

Cr P C

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.

Apr 17, 2026 sclaw

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…

Cr P C

Dowry Prohibition Act, 1961 — Section 3 and Section 7(3) — Prosecution for ‘giving’ dowry — Protection to ‘person aggrieved’ — Wife and her family members made statements alleging ‘giving’ of dowry in a dowry harassment case against husband — Held, these statements, being made by ‘persons aggrieved’, cannot be the sole basis for prosecuting them for the offence of ‘giving’ dowry under Section 3 of the Act, due to the protection under Section 7(3) which states that their statements shall not subject them to prosecution.

Apr 17, 2026 sclaw

2026 INSC 374 SUPREME COURT OF INDIA DIVISION BENCH RAHUL GUPTA Vs. STATION HOUSE OFFICER AND OTHERS ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Special Leave…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings by High Court — High Court quashed FIR and proceedings at a nascent stage when Magistrate had merely directed investigation under Section 156(3) CrPC — Sale deeds relied upon by accused were examined by High Court, treating them as determinative of the dispute, and criminal proceedings were quashed on the ground that the dispute was predominantly civil in nature and sale deeds were not cancelled under Section 31 of the Specific Relief Act, 1963 — Such exercise by High Court was beyond the permissible scope of scrutiny in a petition under Section 482 CrPC, as it involved delving into defence material and adjudicating disputed questions of fact, which is the domain of investigation and trial — This approach stifled the investigative process and ran contrary to well-settled principles — High Court fell into error.

Apr 15, 2026 sclaw

2026 INSC 362 SUPREME COURT OF INDIA DIVISION BENCH ACCAMMA SAM JACOB Vs. THE STATE OF KARNATAKA AND ANOTHER ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 468, 469, 470, 472, 473 and 341 — Limitation for taking cognizance of offence — Relevant date for computation of period of limitation is date of filing of complaint or date of initiation of criminal proceedings, not date on which Magistrate takes cognizance — Constitution Bench decision in Sarah Mathew v. Institute of Cardio Vascular Diseases [(2014) 2 SCC 62] holds good law.

Apr 12, 2026 sclaw

2026 INSC 336 SUPREME COURT OF INDIA DIVISION BENCH ROMA AHUJA Vs. THE STATE AND ANOTHER ( Before : Prashant Kumar Mishra and N.V. Anjaria, JJ. ) Criminal Appeal Nos.…

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Service

Constitution of India, 1950 — Art. 16 and 226 — Public Employment — Direct Recruitment — Eligibility Criteria — Workshop Experience — Pendency of workshop renewal applications — Effect on candidates — Where a recruitment notification mandates a minimum of one year of experience in a Government-approved workshop, candidates cannot be prejudiced or disqualified merely because the workshop’s application for renewal of approval was pending with the State authorities during the period they gained experience — Depriving an otherwise eligible candidate of employment due to an administrative “period of eclipse” or delay on the part of state machinery is arbitrary and discriminatory–Ashok Kumar Yadav v. State of Haryana, 1985 INSC 137, relied on; State of Uttar Pradesh v. Atul Kumar Dwivedi, 2022 INSC 24, Distinguished.

Jun 16, 2026 sclaw
RTI

Right to Information Act, 2005 — S. 24(4) — Madhya Pradesh Special Police Establishment Act, 1947 — S. 2(1), S. 3 — “Intelligence and Security Organisation” — Scope and Applicability of Exemption — Jurisdiction of Special Police Establishment (SPE) — The expression “intelligence and security organisations” under Section 24 of the RTI Act implies that the concerned entity must be statutory or institutionally empowered to handle matters of intelligence and national/state security — The Special Police Establishment (SPE) of Madhya Pradesh, established under Section 2(1) of the Act of 1947, is clothed with a limited jurisdiction restricted strictly to investigating offences punishable under the Prevention of Corruption Act, 1988, and select economic/fraud offenses under Sections 409, 420, and Chapter XVIII of the Indian Penal Code — Because neither the Lokayukt nor the SPE handles matters connected to general ‘intelligence’ and ‘security’, the SPE cannot be deemed an “intelligence and security organisation” under Section 24(4) of the RTI Act — Principle of institutional parity cannot be invoked to grant blanket exemptions to a anti-corruption investigation agency.

Jun 16, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 11, Explanation IV — Constructive Res Judicata — Application of the principle depends on the facts and circumstances of each case, considering the ambit of earlier proceedings and the nexus of the matter to the controversy — It is founded on public policy to prevent multiplicity of proceedings and avoid parties being vexed twice over for the same litigation — Parties are expected to exercise reasonable diligence and bring forward every point that properly belonged to the subject of litigation and which they might and ought to have brought forward — Negligence, inadvertence, or accident in omitting a part of the case does not exempt from its application.

Jun 16, 2026 sclaw
Accident

Motor Vehicles Act, 1988 — Section 165 and 166 — Liability for injuries sustained due to falling tree branch — Injuries caused by falling tree branch while vehicle was stationary under the tree during rain — Held, not an accident “arising out of the use of a motor vehicle” as the motor vehicle did not play an active role. [

Jun 16, 2026 sclaw