Supreme Court of India Judgements

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Category: Cr P C

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 321 — Penal Code, 1860 (IPC) — Sections 147, 148, 149, 307 and 302 — Withdrawal of prosecution — The Supreme Court has set aside the withdrawal of prosecution of an accused in a double murder case, who was elected as a Member of Legislative Assembly (MLA) in Uttar Pradesh — The court observed that political power should not be leveraged to secure the withdrawal of prosecution of an accused person named in the charge sheet after thorough investigation — The court also criticized the High Court for repeatedly allowing adjournments in the case, allowing the accused persons to deploy dilatory tactics to delay their trial — The court directed the High Court to ensure that justice is not further delayed or compromised due to political influence or any other extraneous factors — The court emphasized the paramount importance of ensuring the progression of the trial without further delay.

Jul 16, 2024 sclaw

2024 INSC 529 SUPREME COURT OF INDIA DIVISION BENCH SHAILENDRA KUMAR SRIVASTAVA — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Vikram Nath and…

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 41A — Notice of appearance before police officer — Petitioner Singh filed a Special Leave Petition against the State of Karnataka & others, challenging an order dated 23-05-2024 from the High Court of Karnataka —The main issue revolves around respondent No. 2’s non-compliance with a medical examination required by the Investigating Officer for the case’s investigation — Respondent No. 2, argued against the necessity of the medical examination, citing protection from coercive action by a previous High Court order —The Supreme Court stayed the High Court’s order, directing respondent No. 2 to undergo a medical examination on 10th July, 2024 —The Court found respondent No. 2’s unwillingness to undergo medical examination unconvincing and not protected under the right against self-incrimination —The Court emphasized compliance with Section 41-A notice and rejected apprehensions about the medical facility without a tenable basis — The Supreme Court ordered respondent No. 2 to present himself for the medical examination as part of the investigation process.

Jul 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH EKTA SINGH — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Sanjay Kumar and Augustine George Masih (Vacation Bench),…

Cr P C Unlawful Activities (Prevention) Act

Jammu and Kashmir State Ranbir Penal Code SVT., 1989 – Sections 306 and 411 – Unlawful Activities (Prevention) Act, 1967 – Section 39 – The case involves charges against respondents for attempting to ambush a CRPF convoy with explosives – The Special Judge, NIA, took cognizance for some offences but not others due to procedural issues – The appeal challenges the High Court’s judgment on the cognizance of charges under various sections of the RPC, 1989, and UAPA, 1967, particularly focusing on the applicability of Section 196-A of JK CrPC, 1989 – The National Investigation Agency argues that post the Jammu & Kashmir Reorganisation Act, 2019, the CrPC, 1973 should apply, and the need for authorization under CrPC, 1989 is not required – The respondents argue that the complaint was conveyed when CrPC, 1989 was in force, and non-compliance recorded by the court should be upheld – The Supreme Court allows the appeal in part, allowing the appellant to seek appropriate authorization under CrPC, 1989, and directing the trial court to take cognizance if the appellant complies with the required authorization under CrPC, 1989.

Jun 3, 2024 sclaw

(2024) INSC 447 SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INVESTIGATION AGENCY NEW DELHI — Appellant Vs. OWAIS AMIN @ CHERRY AND OTHERS — Respondent ( Before : M. M.…

Cr P C

Penal Code, 1860 (IPC) – Sections 323, 406, 498A and 506 – Cruelty – Quashing of Chargesheet based on an FIR lodged by the appellant’s wife – The main issue is whether the criminal proceedings against the appellant should be quashed based on the allegations of dowry harassment and cruelty – The appellant argues that the FIR is vague, general, and lacks specific instances of criminal conduct – It is claimed to be a counterblast to a divorce petition and a domestic violence case, with an unexplained delay in filing the FIR indicating malice – The respondent contends that the allegations in the FIR disclose a cognizable offence and the truthfulness of these allegations should be determined by the trial court – The Supreme Court quashed the criminal proceedings, finding them to be an abuse of process and a travesty of justice – The Court reasoned that the allegations were made with an oblique motive and that continuing the proceedings would be unjust – The Court applied the principles from previous cases, emphasizing the need to scrutinize allegations in matrimonial disputes carefully and to prevent misuse of legal provisions – The Court concluded that the inherent power under Section 482 of the Cr.P.C. should have been exercised by the High Court to quash the proceedings and called for a relook at the relevant legal provisions to address the pragmatic realities of matrimonial disputes.

May 11, 2024 sclaw

2024 INSC 369 SUPREME COURT OF INDIA DIVISION BENCH ACHIN GUPTA — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj Misra, JJ.…

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POCSO

Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus

Jun 29, 2025 sclaw
Joint Family Property Will & Succession

Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

Jun 28, 2025 sclaw
Anticipatory Bail Cr P C

Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration.

Jun 28, 2025 sclaw
Cr P C

Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content.

Jun 28, 2025 sclaw