Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973, S.482—Inherent Power—Stay of proceedings–Presence of parties–When the proceedings are stayed, there is no need for the parties to be in lower court till the stay is vacated or modified by the higher court, which granted the stay.

Dec 16, 2018 sclaw

2018(4) Law Herald (SC) 2828 : 2018 LawHerald.Org 1743 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Kurian Joseph Hon’ble Mr. Justice S. Abdul Nazeer Transfer Petition(s)(Criminal) No(s).…

Cr P C

Criminal Procedure Code, 1973, S. 167(2)–Criminal Procedure Code, 1973, S. 309–Criminal Procedure Code, 1973, S. 173(8)–Investigation–Investigation and re-investigation stand on different footing–Investigation into an offence completed by Police Challan submitted–Superior can order further investigation and not re-investigation–Court cannot give custody of accused to new agent for custodial interrogation.  

Nov 26, 2018 sclaw

2010(1) LAW HERALD (SC) 521 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Mukundakam Sharma Criminal Appeal No. 941 of 2009…

Cr P C

Criminal Procedure Code, 1973, S. 427 and 428–Set off–Benefit of set off–Whether a person, who has been convicted in several cases and has suffered detention or imprisonment in connection therewith, would be entitled to the benefit of set-off in a separate case for the period of detention or imprisonment undergone by him in the other case–Held; No

Nov 25, 2018 sclaw

2010(1) LAW HERALD (SC) 509 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Criminal M.P. No. 13384 of 2009…

Cr P C

Criminal Procedure Code, 1973, S. 160, 170(2) and 171–Constitution of India, Article 21–Identification of Prisoners Act, 1920, S. 3, 4 and 5–M.P. Police  Regulations, Regn. 2–Identification of prisoners–Impersonation–High Court directed the State Govt. to make amendment in Rules and to provide for taking of photographs of accused, important witness and prisoners etc. as a safeguard to avoid impersonation–Directions given by the High Court upheld but modified.       

Nov 25, 2018 sclaw

  2010(1) LAW HERALD (SC) 495 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice Mukundakam…

Cr P C

Investigation–Transfer of investigation to CBI–In an appropriate case when the court feels that the investigation by the police authorities is not in the proper direction,  it is always open to the court to hand over the investigation to the independent agency like CBI –Cannot be said that after the charge sheet is submitted, SC is not empowered, to hand over the investigation to an independent agency like CBI. Investigation–Transfer of investigation to CBI–Accusations are directed against the local police personnel in which high Police officials of the State involved– Direction issued to CBI to take up the investigation

Nov 22, 2018 sclaw

2010(1) LAW HERALD (SC) 441 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Aftab Alam Writ Petition (Crl.) No.6 of 2007…

Cr P C

Criminal Procedure Code, 1973, S. 319 –Criminal Procedure Code, 1973, S. 244–Cross-examination–Right of cross-examination of the witnesses before the framing of the charge–If right to cross-examine under Section 244, CrPC not given to the newly joined accused then there would be a complete denial to such accused of an important right of cross-examination–Under Section 244, Cr.P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when a new accused is summoned, he would have similar right to cross-examine the witness examined during the inquiry afresh–Again, the witnesses would have to be re-heard and then there would be such a right–Merely presenting such witnesses for cross-examination would be of no consequence.

Nov 15, 2018 sclaw

  2010(1) LAW HERALD (SC) 294 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Criminal Appeal No. 28 of…

Cr P C

Indian Penal Code, 1860, S. 45 and 47–Criminal Procedure Code, 1973, S. 432, 433 and 433A–Premature release–Restriction on powers of remission or commutation in certain cases–A convict awarded life sentence has to undergo imprisonment for at least 14 years–While Sections 432 and 433 empowers the appropriate Government to suspend, remit or commute sentences, including a sentence of death and life imprisonment, a fetter has been imposed by the legislature on such powers by the introduction of Section 433A into the Code of Criminal Procedure by the Amending Act of 1978, which came into effect on and from 18th December, 1978–By virtue of the non-obstante clause used in Section 433A, the minimum term of imprisonment in respect of an offence where death is one of the punishments provided by laws or where a death sentence has been commuted to life sentence, has been prescribed as 14 years.  

Nov 11, 2018 sclaw

2010(1) LAW HERALD (SC) 125 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Dr. Justice B.S. Chauhan Special Leave Petition (Criminal) No. 4614…

Cr P C

Criminal Procedure Code, 1973, S 482–Prevention of Cruelty to Animals Act, 1960 , S. 11(1)(d)–Bombay Animal Preservation Act, 1954, S. 5, 6 and 8–Cruelty to Animals-Quashing Of FIR–Illegal and unauthorized transportation and slaughtering of animals–High Court arrived at a pre-mature conclusion that no offences under Section 279 IPC and under Sections 5, 6 and 8 of the Bombay Animal Preservation Act, 1954 were made out against the accused and quashed the criminal proceedings–Such a relief to the accused, who had not approached the High Court for quashing the FIR, could not have been granted in a petition filed by the owners of goats and sheep seeking custody of the live stock notwithstanding wide amplitude of power available under Article 226 of the Constitution–Order of HC , set aside.               

Nov 9, 2018 sclaw

2010(1) LAW HERALD (SC)  33 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2020 of…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw