Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Special powers of High Court or Court of Session regarding bail HELD Jurisdiction of the Court under Section 439 of the Code is limited to grant or not to grant bail pending trial – Even though the object of the Hon’ble Judge was laudable but the jurisdiction exercised was clearly erroneous

Jan 15, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE INSPECTOR OF POLICE — Appellant Vs. M. MURUGESAN AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 154 and 164 – Registration of FIR – Recording of confessions and statements – Section 154 of the Cr.P.C. provides about the information in cognizable cases and in effect registration of First Information Reports. The first Proviso to the sub-Section (1) of Section 154 inserted by the Amendment Act of 2013 and subsequently amended by the Amendment Act of 2018, provides for registration of First Information Report in cases of rape and sexual offences by a woman police officer or any woman officer

Dec 22, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH IN RE : ASSESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO SEXUAL OFFENCES ( Before : S.A. Bobde, CJI, B.R. Gavai and Surya…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 205 and 205 (2) – Dispensation with personal appearance/attendance – In the case of Bhaskar Industries Ltd. V. Bhiwani Denim & Apparels Ltd., (2001) 7 SCC 401, this Court has observed that if a Court is satisfied that in the interest of justice the personal attendance of an accused before it need not be insisted on, then the court has the power to dispense with the attendance of the accused – HELD consequently the application submitted by the appellant to dispense with his appearance before the learned Trial Court on all dates of adjournments and permitting his counsel to appear on his behalf is here by allowed on the conditions.

Dec 17, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNEET DALMIA — Appellant CENTRAL BUREAU OF INVESTIGATION, HYDERABAD — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Section 195(1)(a)(i) – Penal Code, 1860 (IPC) – Section 181 – Contempt of court – Making a false statement on oath is an offence punishable under Section 181 of the IPC while furnishing false information with intent to cause public servant to use his lawful power to the injury of another person is punishable under Section 182 of the IPC. These offences by virtue of Section 195(1)(a)(i) of the Code can be taken cognizance of by any court only upon a proper complaint in writing as stated in said Section.

Dec 12, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ABCD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Indu Malhotra, JJ. ) Writ Petition…

Cr P C

Criminal Procedure Code, 1973 (CrPC) – Sections 173, 319, 482 – Penal Code, 1860 (IPC) – Section 306 – Evidence Act, 1872 – Sections 103 and 114 – Abetment of suicide – Summoning Order – Section 319 empowers the court to proceed against a person appearing to be guilty of an offence where, in the course of any enquiry into or trial of, an offence, it appears from the evidence that any person, not being the accused, has committed any offence for which such person could be tried together with the accused

Dec 11, 2019 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAEEDA KHATOON ARSHI — Appellant Vs. STATE OF UP AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy, JJ.…

Cr P C

Decided on : 05-12-2019 – [Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains HELD “The High Court was also not justified in observing ‘that the protection available to a public servant while in service, should also be available after his retirement’.”

Dec 8, 2019 sclaw

[Section 197 CrPC] No Protection Of Sanction Where The Acts Are Performed Using The Public Office As A Mere Cloak For Unlawful Gains [Read Judgment] BY: ASHOK KINI8 Dec 2019…

Cr P C

Penal Code, 1860 (IPC) – Sections 302 and 326 – Criminal Procedure Code, 1973 (CrPC) – Sections 301, 301(2), 225 and 24(8) – Evidence Act, 1872 – Section 165 – Murder – Cross­examination of witnesses -‘Victim’s counsel has a limited right of assisting the prosecution, which may extend to suggesting questions to the Court or the prosecution, but not putting them by himself.’

Nov 20, 2019 sclaw

Private Counsel Engaged By Victim To Assist Public Prosecutor Cannot Make Oral Argument/Cross Examine Witnesses: SC [Read Judgment] BY: ASHOK KINI20 Nov 2019 5:59 PM ‘Victim’s counsel has a limited…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 223(d) — Persons accused of different offences committed in the course of the same transaction may be charged and tried together — Legislative intent is to prevent multiplicity of proceedings, avoid conflicting judgments, and promote judicial economy while ensuring fairness — Segregation without legally recognized grounds like distinct facts, severable evidence, or demonstrated prejudice, is impermissible.

Sep 16, 2025 sclaw
Anticipatory Bail

Penal Code, 1860 (IPC) — Sections 420, 463, 465, 467, 468, 471, 474 read with Section 34 — Offences relating to cheating and forgery — Anticipatory bail — Rejection challenged — Appellants, public servants at the time, accused of certifying mutation entries based on forged documents — High Court rejected anticipatory bail — Supreme Court affirmed the High Court’s decision

Sep 16, 2025 sclaw
Constitution

Waqf Act, 1995 (as amended) — Challenge to constitutional validity of amendments — Petitioners contended that amendments are ultra vires the Constitution, violating fundamental rights including Articles 14, 15, 19, 21, 25, 26, 29, 30 and 300A. Respondents argued for legislative competence and presumption of validity of enactments. Court emphasized that statutes should only be declared unconstitutional if there is a clear, glaring, and undeniable violation of constitutional principles or fundamental rights, or if manifestly arbitrary, and that courts must strive to uphold legislative validity.

Sep 16, 2025 sclaw
Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw