Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

Apr 5, 2026 sclaw

2026 INSC 304 SUPREME COURT OF INDIA DIVISION BENCH SAMARENDRA NATH KUNDU AND ANOTHER Vs. SADHANA DAS AND ANOTHER ( Before : J.B. Pardiwala and Manoj Misra, JJ. ) Criminal…

Cr P C

Criminal Procedure, 1973 (CrPC) — Sections 215, 228, 464 and 465 — Charge framing — Substantial compliance — Purpose of charge framing is to give notice to accused of accusation and enable defence preparation — Defect in charge, including absence of signature, is curable if no prejudice or failure of justice is occasioned — Accused’s active participation and cross-examination indicate awareness of charges and no prejudice — Belated objection to charge defect, especially after demise of key witnesses, suggests lack of genuine prejudice.

Mar 29, 2026 sclaw

2026 INSC 301 SUPREME COURT OF INDIA DIVISION BENCH SANDEEP YADAV Vs. SATISH AND OTHERS ( Before : Ahsanuddin Amanullah and R. Mahadevan, JJ. ) Criminal Appeal No.1617 of 2026…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Summoning order based on complaint allegations lacking specific details of copyright infringement and without application of mind by Magistrate — Superior Court’s duty to examine proceedings for being frivolous, vexatious, or malicious — Held, allegations in complaint were bald and unsubstantiated, failing to disclose similarity between film and script.

Mar 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUJOY GHOSH Vs. THE STATE OF JHARKHAND AND ANOTHER ( Before : Pamidighantam Sri Narasimha and Alok Aradhe, JJ. ) Criminal Appeal No….of 2026…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 221 and 222 — Conviction for offence not charged — High Court rightly reversed the conviction under Section 364 of IPC when the charge was for Section 302 of IPC, as Section 364 is not a minor or cognate offence to Section 302, making conviction without specific charge or notice prejudicial to fair trial

Mar 21, 2026 sclaw

2026 INSC 256 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH Vs. RAM SWAROOP @ BARKAT ( Before : Aravind Kumar and Augustine George Masih, JJ. )…

Cr P C

. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — High Court quashed FIR during investigation based on speculation and without awaiting forensic report on alleged forged documents — Such action is unjustified and premature, especially when allegations of forgery and fraud are made and expert examination is underway.

Mar 18, 2026 sclaw

2026 INSC 252 SUPREME COURT OF INDIA DIVISON BENCH SHARLA BAZLIEL Vs. BALDEV THAKUR AND OTHERS ( Before : Vikram Nath and Sandeep Mehta, JJ. ) Criminal Appeal No(s)….of 2026…

Additional Accused Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 319 — Summoning additional accused — Trial Court rejected application to summon additional accused — High Court set aside order and directed summoning — Supreme Court found Trial Court applied stricter standard than necessary — Trial Court erred in isolating inconsistencies and not considering cumulative weight of evidence — Supreme Court held testimony of complainant and two other witnesses, despite inconsistencies, met strong and cogent evidence standard for summoning under Section 319 — Judgments of lower courts set aside and persons directed to be produced as additional accused.

Mar 18, 2026 sclaw

  2026 INSC 251 SUPREME COURT OF INDIA DIVISON BENCH MOHAMMAD KALEEM Vs. STATE OF UTTAR PRADESH AND OTHERS ( Before : Sanjay Karol and Augustine George Masih, JJ. )…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of FIR — Essential conditions — If allegations in FIR or complaint, even if taken at face value, do not prima facie constitute an offence or make out a case against the accused, quashing is justified — Vague and general allegations are insufficient to establish a prima facie case.

Mar 18, 2026 sclaw

2025 INSC 1168 SUPREME COURT OF INDIA FULL BENCH SANJAY D. JAIN AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS ( Before : B.R. Gavai, CJI., K. Vinod Chandran and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — High Court quashed proceedings against sister-in-law on ground of general and omnibus allegations, but declined relief to father-in-law and mother-in-law (appellants) — Allegations against appellants were similarly general and omnibus, with no specific role or overt act attributed to them — Delay in lodging FIR, coupled with lack of specific allegations, suggested possibility of FIR being a counter-blast to divorce petition filed by husband — High Court erred in applying different standards to similarly situated accused — Proceedings against appellants quashed.

Mar 15, 2026 sclaw

2026 INSC 212 SUPREME COURT OF INDIA DIVISION BENCH DR. SUSHIL KUMAR PURBEY AND ANOTHER Vs. THE STATE OF BIHAR AND OTHERS ( Before : Vikram Nath and Sandeep Mehta,…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 468, 469, 473 — Limitation bars taking cognizance — Offence punishable with imprisonment for a term exceeding one year (Section 27(d) of Act) falls under Section 468(2)(c) of Cr.P.C. with limitation expiring after 3 years from the date the identity of the offender becomes known to the aggrieved party or police officer.

Feb 28, 2026 sclaw

2026 INSC 200 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF KERALA AND ANOTHER Vs. M/S. PANACEA BIOTEC LTD. AND ANOTHER ( Before : Ahsanuddin Amanullah and S.V.N. Bhatti,…

Cr P C

Criminal Procedure, 1973 — Section 197 — Sanction for prosecution — Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 217 — Delay in granting sanction — High Court’s direction for deemed sanction if authority fails to decide within one month — Supreme Court notes that the earlier judgment in Dr. Subramanian Swamy vs. Manmohan Singh (2012) 3 SCC 64 does not support the concept of deemed sanction, and a Coordinate Bench had also rejected such an argument in Suneeti Toteja Vs. State of Uttar Pradesh (2025 SCC OnLine SC 433). Supreme Court finds it appropriate to refer the matter to a larger Bench due to persistent complaints of lethargy or apathy in granting sanction. The High Court’s direction on deemed sanction is stayed until further orders

Feb 22, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE DEPUTY SUPERINTENDENT OF POLICE Vs. M.MUNEER AHAMED AND ANOTHER ( Before : Dipankar Datta and Satish Chandra Sharma, JJ. )…

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I P C

Penal Code, 1860 (IPC) — Section 498A — Cruelty by husband or relatives of husband — For the conviction under Section 498A, the prosecution must prove beyond reasonable doubt that the accused caused mental or physical cruelty to the woman. In this case, the evidence presented by the prosecution regarding dowry demands and cruelty was found to be contradictory and uncorroborated by independent witnesses. Therefore, the conviction of the appellant under Section 498A IPC was set aside.

May 1, 2026 sclaw
C P C

Civil Procedure Code, 1908 (CPC) — Section 89 — Compromise Decree — Interpretation of — Memorandum of Settlement (MOS) forming basis of decree — Clause (xiii) specifying conditional obligations for exchange of immovable properties or payment of guideline value upon failure to transfer — Held, obligation to pay monetary compensation triggered by failure to transfer agreed ‘B Schedule’ land, not discretionary option.

May 1, 2026 sclaw
Education

Right to Education Act, 2009 — Section 12 — Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 — Rule 8 — Neighbourhood School Obligation — A neighbourhood school has a constitutional and statutory duty to admit students forwarded by the State Government without delay, as mandated by Article 21A of the Constitution and relevant provisions of the RTE Act and UP RTE Rules — The school cannot question the eligibility of a student once the government has completed the admission process and forwarded the list.

Apr 30, 2026 sclaw
I B C

Insolvency and Bankruptcy Code, 2016 — Section 5(8) — Financial Debt — Corporate Guarantees — A liability arising from corporate guarantee for money borrowed against interest qualifies as financial debt — The execution of corporate guarantees, even if challenged on grounds of timing or non-disclosure, are considered valid and enforceable if their execution is admitted or demonstrably proven, making the appellants entitled to recognition as financial creditors.

Apr 30, 2026 sclaw